Tag: Subsidiarity
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Veronika Fikfak: ECHR Reform: A Danger of Contagion in Relation to Article 3
On Wednesday 10 December, which is also Human Rights Day, Ministers of Justice of the Council of Europe will meet in Strasbourg to discuss how the European Convention of Human Rights (ECHR) should be reformed. A group of states will lead the drafting efforts, with a new interpretative declaration expected to be ready by May…
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Alice Donald: Earning Deference from Strasbourg: Has the UK Got the Message?
This blog addresses a paradox: why is it that the European Court of Human Rights (ECtHR or ‘the Court’) continues to be the target of vituperative rhetoric from UK ministers and others, when the number of judgments against the UK has steadily fallen and the UK (as a successful respondent state) has been a beneficiary…
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David Harris, Michael O’Boyle, Ed Bates and Carla Buckley: UK withdrawal from the Convention? A broader view.
In the following blog the authors of the third edition of a leading text on the Law of the ECHR (Harris, O’Boyle and Warbrick, The Law of the European Convention on Human Rights, David Harris, Michael O’Boyle, Ed Bates and Carla Buckley, OUP, 2014) look back to the circumstances surrounding the publication of the first…
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Helen Fenwick: Prisoners’ Voting Rights, Subsidiarity, and Protocols 15 and 16: Re-creating Dialogue With the Strasbourg Court?
This blog does not intend to rehearse the merits of the prisoners’ voting rights saga. In principle it is hard to muster reasons providing a basis for banning prisoners from voting: other rights related to the democratic process, such as association and free expression, may necessarily be somewhat circumscribed by the fact of imprisonment (although…
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Noreen O’Meara: Reforming the European Court of Human Rights: The Draft Brighton Declaration
Efforts to reform the European Court of Human Rights are defining the UK’s chairmanship of the Council of Europe, a six-month term which comes “once in a generation”. With the docket and adjudicatory problems affecting the Strasbourg court well-known, the UK is seeking to build on previous recent efforts to streamline practices at the Court,…