The implementation of judgments of the European Court of Human Rights against the UK: unravelling the paradox

Donald, Alice ORCID: https://orcid.org/0000-0001-8541-3530 (2015) The implementation of judgments of the European Court of Human Rights against the UK: unravelling the paradox. In: The UK and European Human Rights: A Strained Relationship? Ziegler, Katja S., Wicks, Elizabeth and Hodson, Loveday, eds. Hart, Oxford, pp. 135-162. ISBN 9781849467957. [Book Section] (doi:10.5040/9781782257905.ch-008)

Abstract

This chapter explores the paradox presented by, on the one hand, the contentiousness of the European Court of Human Rights and its judgments in the UK, and, on the other, the UK’s relatively strong record of complying with the Court's rulings. It examines the institutional mechanisms for the implementation of the Court's judgments against the UK. It focuses on the parliamentary Joint Committee on Human Rights (JCHR), widely viewed as an exemplar within the Council of Europe, and the role played by the Ministry of Justice. It analyses the JCHR’s role with respect to selected Court judgments that required general measures and that exemplify the political nature of the implementation process. The chapter also discusses the way in which the Court takes into account the quality of democratic deliberation and decision-making when assessing state conduct for compliance with the Convention and how far this judicial assessment of parliamentary conduct might incentivise parliamentarians to take human rights obligations into account during the legislative process. Finally, the chapter assesses the impact of the JCHR with respect to the Council of Europe’s priorities and reflects on future risks to the UK’s hitherto strong compliance record.

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