The Dialogue between National Courts and the European Court of Human Rights: Comparative Perspectives

Abstract

Interaction between national courts and the European Court of Human Rights is a crucial issue for the future of the European Convention system, as reflected in the Brighton Conference’s agenda and its follow-up.

The present article focuses on the approaches the UK and the Italian judges have developed in their interaction with the Strasbourg Court jurisprudence. By exploring the differences and similarities between them, the article highlights a tension between the commitment to fulfilling international obligations and a drive to preserving constitutional balance and identity.

Keywords: Human rights, European Law, Brighton Conference, U.K., Italy, Comparative Law