The Conservative Project to ‘Break the Link between British Courts and Strasbourg’: Rhetoric or Reality?

26 Pages Posted: 21 Nov 2017

See all articles by Helen Fenwick

Helen Fenwick

University of Durham

Roger Masterman

Durham University - Department of Law

Date Written: November 2017

Abstract

The Conservative party has repeatedly pledged to replace the HRA with a British Bill of Rights, with the aim of ‘breaking the link’ between domestic courts and Strasbourg. This article examines the implications of this proposal, the nature of the current relationship with the European Court, and the extent to which the link has already been weakened. It considers the bases of the Conservative proposal, and the options available in breaking that link in a Bill of Rights, taking account of the potential introduction of limitation clauses and the possibility of according Strasbourg judgments against the UK an advisory status only. Finally, taking account of the European Court's recent movement towards ‘enhanced’ subsidiarity, it will examine the consequences for the protection of human rights of reliance on a Bill of Rights intended to be interpreted and applied independently of Strasbourg influence.

Suggested Citation

Fenwick, Helen and Masterman, Roger, The Conservative Project to ‘Break the Link between British Courts and Strasbourg’: Rhetoric or Reality? (November 2017). The Modern Law Review, Vol. 80, Issue 6, pp. 1111-1136, 2017. Available at SSRN: https://ssrn.com/abstract=3074845 or http://dx.doi.org/10.1111/1468-2230.12304

Helen Fenwick (Contact Author)

University of Durham ( email )

Mill Hill Lane
Durham, Durham DH1 3HY
United Kingdom

Roger Masterman

Durham University - Department of Law ( email )

50 North Bailey
Durham, DH1 3ET
United Kingdom

HOME PAGE: http://www.dur.ac.uk/law/staff/?id=1596

Register to save articles to
your library

Register

Paper statistics

Downloads
0
Abstract Views
80
PlumX Metrics