Lewis Graham: Going beyond, and going against, the Strasbourg Court – UK Constitutional Law Association

Posted January 11th, 2022 in gender, human rights, interpretation, news, passports, Supreme Court, treaties by tracey

‘Section 2 of the Human Rights Act (HRA) requires that domestic courts “take into account” relevant Strasbourg case law when dealing with substantive claims under that Act. The classic authority on the application of this provision remains – for now – that of Lord Bingham: courts should “keep pace with the Strasbourg jurisprudence as it evolves over time: no more but certainly no less”.’

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UK Constitutional Law Association, 11th January 2022

Source: ukconstitutionallaw.org