A Bill of Rights for the United Kingdom: From London to Strasbourg by the Northwest Passage?

• Published in: Osgoode Hall Law Journal
• Main Author: Sedley, Stephen
• Format: Text
• Language: unknown
• Published: Osgoode Digital Commons 1998
• Subjects: Civil rights; Constitutional law; European Union; Great Britain; Northwest Passage; Northwest passage
• Online Access: https://digitalcommons.osgoode.yorku.ca/ohlj/vol36/iss1/2; https://doi.org/10.60082/2817-5069.1568; https://digitalcommons.osgoode.yorku.ca/context/ohlj/article/1568/viewcontent/08_36OsgoodeHallLJ63_1998_.pdf

In anticipation of the United Kingdom's patriation of the European Convention on Human Rights, the author explores the possible impact that a Bill of Rights will have on the U.K. system of justice from a European and U.K. perspective. The author argues that, from a European perspective, the U.K. has an established history of yielding to supra-national law given its membership in the European Union. However, from a U.K. perspective, this will present new challenges, as the constitutionality of domestic legislation is subject to increased judicial scrutiny in ensuring conformance with European Convention obligations. The author argues that the pressures on Parliament to remedy domestic legislation as a result of decisions made by foreign judges on the European Court of Human Rights will be a particularly challenging adjustment. He concludes that, while there are lessons to be learned from other countries with bills of rights, the traditional reluctance among U.K. judges to override the will of Parliament will render the impact of such a document unpredictable.