EJIL : Debate!

The European Convention on Human Rights, the EU and the UK: Confronting a Heresy: A Reply to Andrew Williams

Abstract

This reaction piece responds to the article by Andrew Williams entitled ‘The European Convention on Human Rights, the EU and the UK: Confronting a Heresy’. In his article, Williams contends that we should not further support the ‘orthodox’ view that the Convention (ECHR) has been very successful in protecting and promoting human rights across Europe, offering four submissions to that end. It will be argued that Dr Williams’ submissions regarding the ECHR’s success and the European Court of Human Rights (ECtHR)’s role are not well supported and justified. The relationship between the ECHR and a future UK Bill of Rights will also be explored in the piece, as there is no sufficient link between the author’s arguments about the ECHR regime and the UK legal system, making it rather artificial to refer to the UK as a possible model for human rights.

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