Ed Bates: The Senior Judiciary on ‘Strasbourg’ – More Supportive Than Some Would Have You Believe

UK Constitutional Law Association

Editors’ note: This blog post is followed by a lengthy annex of substantial quotations from judicial lectures.

Ed BatesThe Conservative party’s manifesto promise to make ‘our own Supreme Court the ultimate arbiter of human rights matters in the UK’, and their previous references to making the Supreme Court ‘supreme’ on human rights issues, suggests a high level of trust in the domestic judiciary to resolve human rights issues. If so, their views on the role of the ECHR should be taken very seriously. They should in any case, of course, for judges have been at the coalface, so to speak, applying ‘Convention rights’ in domestic law for nearly fifteen years now. Over that time the judiciary have evolved and adapted their approach. There have been examples of fruitful judicial dialogues between the UK courts and Strasbourg on certain human rights questions, demonstrating that the relationship is not a ‘top-down’ one, but one…

View original post 7,274 more words

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s