The Convention, the Common Law and the Strasbourg Court – Apocalypse Now?

On 12 March 2014, Sir Nicolas Bratza delivered a lunchtime seminar on the role of the European Court of Human Rights, following recent public lectures by senior British criticising the Strasbourg Court and attacking the relationship between the UK and the European Convention.

Sir Nicolas provided an overview of the lectures and the main areas of contention, reflecting upon the impact that this discourse could have on the UK’s relationship with the Strasbourg Court as well as the impact on the Convention system as a whole.

Ultimately, Sir Nicolas’ thought provoking address posed a number of questions:

• Has human rights law grown too big and placed a straitjacket on the development of the common law?
• Has the “living instrument” doctrine been used by the Strasbourg Court to extend its jurisdiction beyond what the Convention was designed to protect and beyond what the language of the instrument can support?
• Are the other charges against the Strasbourg Court justified?
• Has the Human Rights Act achieved its purpose of securing the effective protection of human rights in this country?
• Would the replacement of the Human Rights Act by a home-grown Bill of Rights be desirable and, if so, should it be decoupled from the Convention?
• Would the withdrawal of the United Kingdom from the Convention system be advantageous to this country, if not to the Convention system as a whole?

To find out more about Sir Nicolas’ arguments, as former President of the European Court of Human Rights, read his full address.