Pamela Martino

The UK Supreme Judges and the Human Rights Protection: the ECHR Survives Brexit (For Now)

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Abstract

The UK’s exit from the EU has revitalized the debate on the human rights protection and the interrelationship of the ECHR and the common law. It is influenced by the tendency prevalent among key policy makers which has led to non-compliance with Strasbourg Court judgments being considered or arguments for withdrawal from the Convention being justified on the basis that British traditions and institutions are superior. The way in which the Supreme Court has chosen to protect Convention rights locates its current approach to human rights within the wider debate on the meaning of the rule of law.

Keywords

  • Human Rights
  • Separation of Powers
  • UK Supreme Court

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