Compliance in the UK in the ‘age of subsidiarity’

Book chapter


Donald, A. 2021. Compliance in the UK in the ‘age of subsidiarity’. in: Grote, R., Morales Antoniazzi, M. and Paris, D. (ed.) Research Handbook on Compliance in International Human Rights Law Edward Elgar.
Chapter titleCompliance in the UK in the ‘age of subsidiarity’
AuthorsDonald, A.
Abstract

This chapter focuses on the United Kingdom’s long—and, of late, troubled—relationship with the European Convention on Human Rights system and its compliance with judgments of the European Court of Human Rights in Strasbourg. It also refers to arrangements for compliance with the UK’s obligations in respect of United Nations human rights treaty bodies. Section 2 outlines the history of the UK’s relationship with the European Convention system and the incorporation of most Convention rights and freedoms into domestic law by means of the Human Rights Act 1998. Section 3 discusses the paradox presented by, on the one hand, the intense controversy surrounding human rights in the UK and, on the other hand, its relatively strong record of implementing judgments of the Strasbourg Court. As discussed at section 4, this record of success is partly due to the robust institutional arrangements that exist to ensure compliance with supranational human rights rulings at the level of the executive, Parliament and the judiciary—arrangements that exemplify the primary responsibility on states to secure the rights and freedoms set out in the Convention in accordance with the principle of subsidiarity. Yet this record is not unblemished: section 5 discusses the contrasting responses to two Strasbourg judgments—on prisoner voting rights and on the retention of biometric data—to illustrate the political character of the implementation process. Section 6 examines the role of civil society. Section 7 concludes.

Research GroupLaw and Politics
LanguageEnglish
Book titleResearch Handbook on Compliance in International Human Rights Law
EditorsGrote, R., Morales Antoniazzi, M. and Paris, D.
PublisherEdward Elgar
SeriesResearch Handbooks in Human Rights series
ISBN
Hardcover9781788971119
Publication dates
Print31 Oct 2021
Publication process dates
Deposited23 Oct 2019
Accepted01 Feb 2019
Output statusIn press
Scopus EID2-s2.0-85129615692
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