Abuse of the Constitution for Political Gain: The United Kingdom’s Proposed Derogation From the European Convention on Human Rights

24 Pages Posted: 3 Oct 2018 Last revised: 23 Jan 2019

See all articles by Merris Amos

Merris Amos

Queen Mary University of London

Date Written: June 1, 2018

Abstract

The purpose of this paper is to examine the UK’s proposed derogation from the European Convention on Human Rights to protect its armed forces and the events which prompted it. It will be explained how this amounts to ‘abuse’ of the constitution given the motivations behind the proposal and the consequences for the UK should the derogation go ahead. Finally, the lessons for the UK and other states from this series of events will be identified to inform proposals for the tightening of constitutional safeguards and emphasize that what is happening in the UK is a part of a long-term plan for withdrawal from international commitments on the path towards an isolationist and nationalistic state.

Keywords: European Convention on Human Rights, Derogation, Armed Forces, Human Rights

JEL Classification: K10, K33

Suggested Citation

Amos, Merris, Abuse of the Constitution for Political Gain: The United Kingdom’s Proposed Derogation From the European Convention on Human Rights (June 1, 2018). Available at SSRN: https://ssrn.com/abstract=3247744 or http://dx.doi.org/10.2139/ssrn.3247744

Merris Amos (Contact Author)

Queen Mary University of London ( email )

Queen Mary University of London
Mile End Road
London, E1 4NS
United Kingdom

HOME PAGE: http://www.law.qmul.ac.uk/staff/amos.html

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