The UK and European Human Rights: Some Reflections

Abstract

The chapter is the concluding chapter of the book The UK and European Human Rights: A Strained Relationship? (edited by KS Ziegler, E Wicks and L Hodson, Hart Publishing 2015) and brings together the various themes of the book to provide a conclusion and outlook on options for the future. It reflects on the legal debates of ECHR concepts, on constitutional obstacles to implementation of the ECHR and how they are dealt with in the UK and other jurisdictions. While each of the comparative chapters of the book will seek to draw comparisons with the UK, this chapter will draw together the findings of these chapters from a UK perspective, as well as attempt a comparison across the various jurisdictions in order to extract conclusions and potential lessons for the UK. The chapter will also provide a reflection on issues of legal and human rights culture in the UK and point out risks and options for the future. It will highlight the ways in which the issues considered can contribute to the ongoing debate (one which is likely to intensify following the 2015 general election) about the future relationship between the UK and European human rights.

Keywords: European human rights, ECHR, EU human rights, EU Charter on Fundamental Rights, European Court of Human Rights, European Court of Human Rights and national courts, implementation of the ECHR, judicial dialogue, subsidiarity, ‘mirror’ principle, Parliamentary sovereignty, state sovereignty