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The UK and European Human Rights

A Strained Relationship?

Editor(s): Katja S Ziegler, Elizabeth Wicks, Loveday Hodson
Media of The UK and European Human Rights
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Published: 22-10-2015
Format: PDF eBook (?)
Edition: 1st
Extent: 480
ISBN: 9781509901999
Imprint: Hart Publishing
RRP: £37.79
Online price : £30.23
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Loren Epson

About The UK and European Human Rights

The UK's engagement with the legal protection of human rights at a European level has been, at varying stages, pioneering, sceptical and antagonistic. The UK government, media and public opinion have all at times expressed concerns about the growing influence of European human rights law, particularly in the controversial contexts of prisoner voting and deportation of suspected terrorists as well as in the context of British military action abroad. British politicians and judges have also, however, played important roles in drafting, implementing and interpreting the European Convention on Human Rights. Its incorporation into domestic law in the Human Rights Act 1998 intensified the ongoing debate about the UK's international and regional human rights commitments. Furthermore, the increasing importance of the European Union in the human rights sphere has added another layer to the relationship and highlights the complex relationship(s) between the UK government, the Westminster Parliament and judges in the UK, Strasbourg and Luxembourg.

The book analyses the topical and contentious issue of the relationship between the UK and the European systems for the protection of human rights (ECHR and EU) from doctrinal, contextual and comparative perspectives and explores factors that influence the relationship of the UK and European human rights.

Table Of Contents

1. The UK and European Human Rights: A Strained Relationship?
Katja S Ziegler, Elizabeth Wicks and Loveday Hodson
Part I: Compliance, Cooperation or Clash? The Relationship Between the UK and the ECHR/Strasbourg Court
2. The Relationship Between the Strasbourg Court and the National Courts - As Seen from Strasbourg
Paul Mahoney
3. The Relationship Between the Strasbourg Court and the National Courts - As Seen from the UK Supreme Court
The Rt Hon the Lord Kerr of Tonaghmore
4. The UK and Strasbourg: A Strained Relationship - The Long View
Ed Bates
5. Reforming the European Court of Human Rights: The Impacts of Protocols 15 and 16 to the ECHR .
Noreen O'Meara
6. Should the English Courts under the HRA Mirror the Strasbourg Case Law?
Richard Clayton
7. Repeal the HRA and Rely on the Common Law?
Brice Dickson
8. The Implementation of European Court of Human Rights Judgments Against the UK: Unravelling the Paradox
Alice Donald
Part II: Specific Issues of Conflict
9. Voting Eligibility: Strasbourg's Timidity
Reuven (Ruvi) Ziegler
10. Enhanced Subsidiarity and a Dialogic Approach - Or Appeasement in Recent Cases on Criminal Justice, Public Order and Counter-Terrorism at Strasbourg Against the UK?
Helen Fenwick
11. Article 8 ECHR, the UK and Strasbourg: Compliance, Cooperation or Clash? A Judicial Perspective
Mark Ockelton
12. Application of the ECHR during International Armed Conflicts
Clare Ovey
Part III: The Interplay of Human Rights in Europe: ECHR, EU and National Human Rights
13. Fundamental Rights, Not Euroscepticism: Why the UK Should Embrace the EU Charter of Fundamental Rights
Sionaidh Douglas-Scott
14. Of Tangled and Truthful Hierarchies: EU Accession to the ECHR and its Possible Impact on the UK's Relationship with European Human Rights
Paul Gragl
15. An Austrian Ménage à Trois: The Convention, the Charter and the Constitution
Andreas Th Müller
Part IV: Perspectives from Other Jurisdictions: Contrasts and Comparisons with the UK Experience
16. Compliance with Strasbourg Court Rulings: A General Overview
Luis López Guerra
17. The ECHR in French Law: Status, Implementation and Debates
Constance Grewe
18. The European Court of Human Rights and the Italian Constitutional Court: No 'Groovy Kind of Love'
Oreste Pollicino
19. From Conflict to Cooperation: The Relationship Between Karlsruhe and Strasbourg
Julia Rackow
20. Russia's Response to the European Court of Human Rights' Systemic Findings: Words or Actions?
Olga Chernishova
21. The Russian Federation and the Strasbourg Court: The Illegitimacy of Sovereignty?
Bill Bowring
Part V: The Role of the Media in Shaping the Relationship
22. Public Watchdogs and Democratic Society: The Role of the Media and of the Strasbourg Court
Robert Uerpmann-Wittzack
23. 'You Couldn't Make It Up' : Some Narratives of the Media's Coverage of Human Rights'
David Mead
24. Human Rights, the British Press and the Deserving Claimant
Lieve Gies
25. The UK and European Human Rights: Some Reflections
Elizabeth Wicks, Katja S Ziegler and Loveday Hodson


“The great merit of the book is that it is so multifaceted, going far beyond looking just at British politicians criticising the Strasbourg Court.” –  Antoine Buyse, ECHR Blog

Understanding the nature and purpose of human rights is increasingly important as misperceptions are mounting.

Here it is – the information and brilliant analysis that should inform current debate.

” –  Baroness Helena Kennedy QC FRSA, Principal of Mansfield College, University of Oxford,

The editors have assembled a wide-ranging and authoritative collection of essays. The contributors examine the fundamental legal and policy issues to which the United Kingdom's relationship with European human rights gives rise. There is detailed examination of how the UK's relationship has evolved historically, how strains arising from conflicting jurisprudence and competing judicial and political institutions have been managed, what lessons can be learned from the comparative experience of other European states, and the role of the media in shaping the relationship and in developing or undermining a human rights culture. The book will be an invaluable resource for anyone seriously concerned with the current and future relationship between the United Kingdom and European human rights.
” –  Dominic McGoldrick, Professor of International Human Rights Law, University of Nottingham,

The European human rights regime is under attack. This in-depth discussion of the UK and human rights with a comparative perspective is most welcome.
” –  Geir Ulfstein, Professor of Public and International Law and Director of the Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order (PluriCourts), University of Oslo,

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