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
Introduction 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 M¿nage ¿ Trois: The Convention, the Charter and the Constitution Andreas Th M¿ller Part IV: Perspectives from Other Jurisdictions: Contrasts and Comparisons with the UK Experience 16. Compliance with Strasbourg Court Rulings: A General Overview Luis L¿pez 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 Conclusions 25. The UK and European Human Rights: Some Reflections Elizabeth Wicks, Katja S Ziegler and Loveday Hodson
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