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
Date Written: June 1, 2018
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: Suggested Citation