The Relationship between UK Courts and Strasbourg

In March 2011, the SPLG Spring event held in partnership with the Faculty of Advocates was on the topic of “Human rights-Reconciling Strasbourg and Supreme Court” chaired by Dame Eilish Angiolini with Sir Nicolas Bratza, Lord Reed and Lord Hope speaking about the interrelationship of Strasbourg and UK human rights law from different perspectives.

Of interest to those who attended, Sir Nicolas Bratza (shortly to become President of the European Court of Human Rights) has recently published an article entitled: “The relationship between the UK Courts and Strasbourg” in the European Human Rights Law Review (E.H.R.L.R. (2011) No.5 Pages 505-512). (available on Westlaw)

The article discusses, with particular reference to leading case law such as the contentious decision in Hirst v United Kingdom (74025/01)(2006) 42 EHRR 41 (ECHR (Grand Chamber) , the relationship between the European Court of Human Rights and national courts, responding to criticism of the former in jurisdictions such as the UK, regarding areas such as the standards and composition of the courts and regarding the allegation that it takes a uniform approach to states with established law and practices. It argues that any attempt by the UK to withdraw from the Convention framework would harm both the Convention system itself and the standing of the UK in Europe.

The paper given by Lord Reed is also available by clicking here:

 The Interrelationship of Strasbourg and UK Human Rights Law – Reed

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