The UK and European Human Rights

The great merit of the book is that it is so multifaceted, going far beyond looking just at British politicians criticising the Strasbourg Court. -- Antoine Buyse * ECHR Blog * Endorsement Understanding the nature and purpose of human rights is increasingly important as misperceptions are mounting. Here it is the information and brilliant analysis that should inform current debate. -- Baroness Helena Kennedy QC FRSA, Principal of Mansfield College, University of Oxford Endorsement The editors have assembled a wide-ranging and authoritative collection of essays. The contributors examine the fundamental legal and policy issues to which the United Kingdom's relationship with European human rights gives rise. There is detailed examination of how the UK's relationship has evolved historically, how strains arising from conflicting jurisprudence and competing judicial and political institutions have been managed, what lessons can be learned from the comparative experience of other European states, and the role of the media in shaping the relationship and in developing or undermining a human rights culture. The book will be an invaluable resource for anyone seriously concerned with the current and future relationship between the United Kingdom and European human rights. -- Dominic McGoldrick, Professor of International Human Rights Law, University of Nottingham Endorsement The European human rights regime is under attack. This in-depth discussion of the UK and human rights with a comparative perspective is most welcome. -- Geir Ulfstein, Professor of Public and International Law and Director of the Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order (PluriCourts), University of Oslo

Katja S Ziegler is Sir Robert Jennings Professor of International Law, Elizabeth Wicks is Professor of Human Rights Law and Loveday Hodson is Senior Lecturer in Law, all at the University of Leicester.

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 OMeara 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: Strasbourgs 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 UKs Relationship with European Human Rights Paul Gragl 15. An Austrian Mnage Trois: The Convention, the Charter and the Constitution Andreas Th Mller Part IV: Perspectives from Other Jurisdictions: Contrasts and Comparisons with the UK Experience 16. Compliance with Strasbourg Court Rulings: A General Overview Luis Lpez 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. Russias 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 Couldnt Make It Up : Some Narratives of the Medias 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