In Regina v. Director of Public Prosecutions Ex Parte Kebeline and Others 1999, Lord Hope explained that courts should "defer, on democratic grounds, to the considered opinion of the elected body as to where the balance is to be struck between the rights of the individual and the needs of society."
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Lord Nicholls, Lord Hope, Baroness Hale all held that there was a new statutory tort for harassment in the Protection from Harassment Act 1997, and it made employers vicariously liable.
Lord Hope, giving a unanimous judgment for the Supreme Court, referred to the European Court of Justice the question whether national courts could give a more favourable interpretation to legislation than had been given by German courts.