The Brighton Declaration: Where Now for the Human Rights Act and the Bill of Rights Debate?

United Kingdom Constitutional Law Group Blog, 2012

University of Cambridge Faculty of Law Research Paper No. 11/2012

6 Pages Posted: 28 Apr 2012 Last revised: 4 Oct 2012

See all articles by Mark Elliott

Mark Elliott

University of Cambridge - Faculty of Law

Date Written: April 26, 2012

Abstract

Following a Council of Europe intergovernmental conference in April 2012, the Brighton Declaration on the future of the European Court of Human Rights was issued. This paper considers the implications of the Declaration from the particular perspectives of the United Kingdom's Human Rights Act and the presently ongoing debate in the UK concerning the possible adoption of a Bill of Rights. The paper argues that the final text of the Brighton Declaration – in contrast to a much more radical draft that was leaked prior to the conference – leaves the role of the European Court largely intact, and that it therefore offers little solace to those in the UK arguing in favor of both a looser relationship with the Court and a degree of domestic dejuridification in the human rights sphere.

Keywords: human rights, European Convention on Human Rights, European Court of Human Rights

JEL Classification: K10, K19, K30, K33

Suggested Citation

Elliott, Mark C., The Brighton Declaration: Where Now for the Human Rights Act and the Bill of Rights Debate? (April 26, 2012). United Kingdom Constitutional Law Group Blog, 2012; University of Cambridge Faculty of Law Research Paper No. 11/2012. Available at SSRN: https://ssrn.com/abstract=2046452

Mark C. Elliott (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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