By taking up the function of scrutinizing existing and prospective legislation for differentiating measures and inconsistencies with fundamental liberties, the Council may be encroaching on the functions of constitutional interpretation, which is traditionally the function of courts.
Scalia argued that "the function of the Court is to preserve our society's values regarding (among other things) equal protection, not to revise them".
And she said that even though it was disturbing to limit the "truth-finding function" of the court, she had to carefully balance that function against protections similar to those that exist between a lawyer and his client.
"The function of any court is to resolve actual conflicts," the judge added, noting that complaints about potential abuse of the information were based on hypothetical concerns rather than specific details.
There are too many parallels to avoid the corrosive link between the increased calls for repeal of the Human Rights Act 1998 at home and the UK attempts in the chair at the Council of Europe to change the function of the court from enforcer to advisor.
"The key point is that under the notion of the separation of powers, it is the function of the court to make the determination as to whether the act is one that would meet this legal definition and whether the legislation is necessary and proper to meet that objective.
Once you accept that premise, which I argue is the only logical one to make, then it must be the function of the court to provide real and practical protection, not something half-baked that doesn't do what it says on the tin.
It is the function of a court when asked to decide a matter which is within its jurisdiction to decide that matter according to law.
It is certain that many of them would not have, and it is not a proper function of this Court to guess which.
