The Principle of Comity and the Relationship between British Courts and the European Court of Human Rights

Summary:

This article examines and assesses the application of the principle of judicial comity to judgements of the European Court of Human Rights (ECtHR) in Human Rights Act (HRA) claims. The article will consider the advantages and disadvantages of the current approach for the protection of human rights in the United Kingdom. Suggestions will also be made in relation to the future development of the principle, in particular as to how the British courts can reclaim some of their role from the ECtHR whilst continuing to respect and maintain those valid reasons surrounding the creation of the principle in the first place.

Further information:

The Human Rights Act 1998 (HRA) came fully into force in the United Kingdom empowering domestic courts to determine whether or not the activities of public authorities were compatible with the particular Articles of the European Convention on Human Rights (ECHR).

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