header-logo header-logo

15 March 2024 / Malcolm Bishop KC
Issue: 8063 / Categories: Features , EU , Constitutional law , Public
printer mail-detail

The ECHR: out of order or out of fashion

163725
Malcolm Bishop KC looks back on the UK’s role in shaping our European Convention rights

‘We need to get rid of this European Convention! We can’t have foreign judges in foreign courts telling us what to do—we need to take back control.’ These and similar sentiments could be heard not only in the hostelries up and down the country but even occasionally in the Inns of Court. But we should be careful what we wish for, because the consequences may be the opposite of that intended.

Drafting the Convention

It might be helpful therefore to look at what some seek to get rid of, and how it all started. On 4 November 1950, some 15 European states met at Rome to sign the European Convention for the protection of human rights and fundamental freedoms. The UK was a prominent member of that meeting and indeed the text of the convention itself was largely the work of a team of Oxbridge professors headed by Sir David Maxwell Fife, later to occupy the woolsack as Lord

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll