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Parliaments and the European Court of Human Rights$
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Philip Leach and Alice Donald

Print publication date: 2016

Print ISBN-13: 9780198734246

Published to Oxford Scholarship Online: September 2016

DOI: 10.1093/acprof:oso/9780198734246.001.0001

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The United Kingdom

The United Kingdom

(p.224) 7 The United Kingdom
Parliaments and the European Court of Human Rights

Alice Donald

Philip Leach

Oxford University Press

This chapter examines the involvement of the UK’s bicameral parliament in the implementation of European Convention on Human Rights standards and judgments of the European Court of Human Rights. It explores the paradox of the UK’s increasingly tempestuous relationship with the Convention system (including unprecedented attacks on the legitimacy and authority of the Court) set against a generally strong UK record of compliance. The chapter focuses on the role of the Joint Committee on Human Rights, which is regarded as an exemplar within the Council of Europe. It elucidates, too, the executive system for co-ordinating implementation and reporting to parliament. The political nature of the implementation process is explored through detailed discussion of the differing responses to judgments on prisoner voting rights, the retention of biometric data, and the ban on broadcasting political advertisements. The chapter draws on interviews with, among others, parliamentarians, government officials, and civil society organizations.

Keywords:   parliament, JCHR, Joint Committee on Human Rights, ECHR, Convention, court, implementation, human rights, judgment

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