Geoffrey Bindman QC analyses a judicial confrontation
When two senior judges cross swords over a fundamental constitutional question we sit up and take notice. The judges are Dean Spielmann, president of the European Court of Human Rights (ECtHR), and Lord Judge, recently retired Lord Chief Justice of England and Wales. The question is whether decisions and opinions of the Strasbourg Court override or “trump” the authority of the UK Parliament. It is particularly significant because the prime minister has declared that if his party is elected to government in May it will seek to repeal the Human Rights Act 1998 (HRA 1998) and remove any binding effect on the UK of rulings of the Court of Human Rights. The promise is to “end the ability of the European Court to change British laws”. In its press release announcing this policy, the Conservative party quotes Lord Judge, implying his support for its proposals.
Criticisms
Judge Spielmann in “A View from Strasbourg” (Counsel, April 2014), defends his court against these criticisms. In particular he denies that the court has been guilty of “mission
