Verfassungsblog (May 2023)
The UK vs the European Court of Human Rights- On a Politically Engineered Collision Course?
Abstract
In recent months, the UK government has tabled two Bills before Parliament which would have the consequence – and almost certainly have the intention – of setting the UK on a collision course with the Council of Europe, and especially the European Court of Human Rights (ECtHR). Both the Bill of Rights Bill and the Illegal Migration Bill, introduced on 22 June 2022 and 7 March 2023 respectively, contain provisions that openly flout the UK’s obligations under the European Convention on Human Rights (ECHR). This post details how the Bills serve to undermine the UK’s obligations under the ECHR and explains their significance within the larger debate surrounding the UK’s possible withdrawal from the Convention. It places this debate in the context of the rarely-convened Council of Europe summit of heads of state and government in Reykjavik in May 2023, whose ambitious agenda is to protect the ‘common heritage’ of respect for human rights, democracy and the rule of law in the face of Russia’s aggression in Ukraine and other existential threats.
