A/HRC/16/51 1. Proposals for new legislation or amendments to existing laws shall include a written statement bringing to the attention of the Legislature any provision in the proposal that appears to be inconsistent with the purposes and provisions of norms of international human rights and refugee law that are binding upon the State. 2. The Legislature shall, through a specialized body or otherwise, review and ensure that any law approved by it conforms to the norms of international human rights and refugee law that are binding upon the State. 3. The judiciary shall be entrusted with ensuring that laws do not breach norms of international human rights and refugee law that are binding upon the State. In discharging this duty, the courts shall apply the techniques available to them under the Constitution, such as: (a) Adopting an interpretation of the law that is consistent with the purposes and provisions of norms of international human rights and refugee law that are binding upon the State; (b) Declaring that part of the law is without legal effect; (c) Declaring that the inconsistent law is to be of no force or effect, either with immediate effect or after a period of time that allows the Government to take remedial steps. 4. If the State is involved, as a party, in an ongoing armed conflict, the above provisions shall apply also to securing compliance with principles and provisions of international humanitarian law, without prejudice to the obligation to comply with international human rights and refugee law. B. Consistency of counter-terrorism practice with human rights, humanitarian law and refugee law 15. Besides ensuring that counter-terrorism law is consistent with human rights, the conduct of agencies involved in the countering of terrorism must be in compliance with human rights and refugee law, and applicable principles and provisions of international humanitarian law. Where the law relating to terrorism confers discretionary powers upon public agencies, adequate safeguards, including judicial review, must exist for the purpose of ensuring that discretionary powers are not exercised arbitrarily or unreasonably.18 Checks might also be implemented through internal and external supervision of agencies and public servants, as well as through the adoption and comprehensive implementation of codes of conduct.19 The counter-terrorism laws of some States expressly recognize the application of the principle of legality, the rule of law and human rights to the countering of terrorism, which should be seen as an essential check on the implementation in practice of the obligation to comply with human rights while countering terrorism.20 While the 18 19 20 8 See E/CN.4/2002/18, annex, paras. 3 (b) and 3 (j); Council of Europe, Guidelines on Human Rights and the Fight against Terrorism, 2002, guideline II; E/CN.4/1985/4, annex, paras. 16, 18; Handbook on Human Rights Compliance, op.cit., condition 3.3; and questionnaire responses submitted by by Australia, Bolivia (Plurinational State of), Canada, Finland, Greece, Monaco, Norway and Switzerland. Questionnaire responses submitted by Australia, Bolivia (Plurinational State of), Bulgaria, Canada, Colombia, Cuba, Finland, Greece, Monaco, Norway, Spain and the former Yugoslav Republic of Macedonia. Azerbaijan, Law on the Struggle against Terrorism 1999 (as amended in 2005), art. 4. Other countries do not expressly mention these principles in the context of countering terrorism, but provide for more