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The European Convention on Human Rights, the EU and the UK : confronting a heresy
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Williams, Andrew (2013) The European Convention on Human Rights, the EU and the UK : confronting a heresy. European Journal of International Law, Volume 24 (Number 4). pp. 1157-1185. doi:10.1093/ejil/cht059 ISSN 1464-3596.
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Official URL: http://dx.doi.org/10.1093/ejil/cht059
Abstract
The orthodox view of the ECHR and its Court as regime in the context of both the EU and UK has been that it has considerable value albeit with systemic flaws. The purpose of this article is to challenge this orthodoxy. Four inter-related submissions are made: that the ECHR has failed human rights conceptually (1); ‘good’ or lauded decisions of the ECtHR cannot remedy or sufficiently counter-balance this conceptual failure (2); ‘bad’ decisions further expose and exacerbate the failure (3); the procedural problems of the ECHR regime may contribute to the underlying failure of concept but their resolution cannot solve it (4). These submissions are to provoke a more intense assessment of value and how such value could be enhanced. It may be too late to see any influence on the accession process but this does not reduce the relevance of the critique for the future of human rights in both the EU and the UK. Ultimately an approach to the ECHR system needs to determine whether it continues to be lauded or its influence resisted (thus seeking reform or replacement – the alternative candidates being the EU Charter and/or a national Bill of Rights) and retained only as an iconic scheme of moral importance.
Item Type: | Journal Article | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Journal or Publication Title: | European Journal of International Law | ||||
Publisher: | Oxford University Press | ||||
ISSN: | 1464-3596 | ||||
Official Date: | 2013 | ||||
Dates: |
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Volume: | Volume 24 | ||||
Number: | Number 4 | ||||
Page Range: | pp. 1157-1185 | ||||
DOI: | 10.1093/ejil/cht059 | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Restricted or Subscription Access |
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