*/
Lord Hoffmann has criticised the European Court of Human Rights for behaving like the US Supreme Court on human rights issues.
Delivering the annual Judicial Studies Board lecture in March, Lord Hoffmann reiterated his support for the text of the European Convention on Human Rights, and its embodiment in the Human Rights Act 1998.
However, he questioned the Court’s application of the “margin of appreciation” between universal human rights and the recognition that these are applied by the national courts. “In practice, the Court has not taken the doctrine of the margin of appreciation nearly far enough,” he said. “It has been unable to resist the temptation to aggrandise its jurisdiction and to impose uniform rules on Member States. It considers itself the equivalent of the Supreme Court of the United States, laying down a federal law of Europe.” While “the practical expression of concepts” may change over the years, the Court was not entitled to “introduce wholly new concepts, such as the protection of the environment, into an international treaty which makes no mention of them, simply because it would be more in accordance with the spirit of the times,” he said.
While the UK legal system was not “perfect”, Lord Hoffmann argued that “detailed decisions about how it could be improved should be made in London, either by our democratic institutions or by judicial bodies which, like the Supreme Court of the United States, are integral with our own society and respected as such”.
Delivering the annual Judicial Studies Board lecture in March, Lord Hoffmann reiterated his support for the text of the European Convention on Human Rights, and its embodiment in the Human Rights Act 1998.
However, he questioned the Court’s application of the “margin of appreciation” between universal human rights and the recognition that these are applied by the national courts. “In practice, the Court has not taken the doctrine of the margin of appreciation nearly far enough,” he said. “It has been unable to resist the temptation to aggrandise its jurisdiction and to impose uniform rules on Member States. It considers itself the equivalent of the Supreme Court of the United States, laying down a federal law of Europe.” While “the practical expression of concepts” may change over the years, the Court was not entitled to “introduce wholly new concepts, such as the protection of the environment, into an international treaty which makes no mention of them, simply because it would be more in accordance with the spirit of the times,” he said.
While the UK legal system was not “perfect”, Lord Hoffmann argued that “detailed decisions about how it could be improved should be made in London, either by our democratic institutions or by judicial bodies which, like the Supreme Court of the United States, are integral with our own society and respected as such”.
Lord Hoffmann has criticised the European Court of Human Rights for behaving like the US Supreme Court on human rights issues.
The Chair of the Bar sets out how the new government can restore the justice system
In the first of a new series, Louise Crush of Westgate Wealth considers the fundamental need for financial protection
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Possibly, but many barristers are glad he did…
Mental health charity Mind BWW has received a £500 donation from drug, alcohol and DNA testing laboratory, AlphaBiolabs as part of its Giving Back campaign
The Institute of Neurotechnology & Law is thrilled to announce its inaugural essay competition
How to navigate open source evidence in an era of deepfakes. By Professor Yvonne McDermott Rees and Professor Alexa Koenig
Brie Stevens-Hoare KC and Lyndsey de Mestre KC take a look at the difficulties women encounter during the menopause, and offer some practical tips for individuals and chambers to make things easier
Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice since January 2021, is well known for his passion for access to justice and all things digital. Perhaps less widely known is the driven personality and wanderlust that lies behind this, as Anthony Inglese CB discovers
The Chair of the Bar sets out how the new government can restore the justice system
No-one should have to live in sub-standard accommodation, says Antony Hodari Solicitors. We are tackling the problem of bad housing with a two-pronged approach and act on behalf of tenants in both the civil and criminal courts