Tag Archives: Precedent

Good News! The Strasburg Court does not overrule UK laws after all.

The forthcoming election campaign in UK may well include promises by the Conservative Party to withdraw from the European Convention on Human Rights (‘ECHR’) should the party win the next election.

The original proposals to withdraw from the Convention were launched at the Conservative Party conference in October 2014 but instantly denounced as legally illiterate and based on nothing more that fundamentally flawed misunderstanding of human rights jurisprudence.

In short the proposals never made sense, were full of legal howlers and were not supported by any credible legal authority. Moreover the proposals disregarded the implications for the constitutional structure of United Kingdom.

It now transpires that not only are the proposals legally illiterate but there is in fact no empirical evidence to suggest that UK has been subject of especially harsh treatment by the European Court of Human Rights (‘The Strasburg Court’).

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Filed under European Convention on Human Rights, European Court of Human Rights, Human Rights, Human Rights Act 1989, Parliamentary sovereignty, Protecting Human Rights in UK, Vinter and Others v United Kingdom