‘Is the Convention Ours?’

March 7, 2010 | No Comments

An intervention by THE RIGHT HON LADY JUSTICE ARDEN DBE

Considering the theme for the opening of the legal year of the ECtHR, namely ‘The Convention is Yours’, this address asks whether the Convention is actually such. It considers the problematic reality of domestic law being misunderstood or misinterpreted by Strasbourg, in light of cases such as Osman v United Kingdom, but asserts that we undoubtedly gain more than we lose by having the Strasbourg court. Suggestions for Strasbourg range from independence to quality of reasoning and ability to communicate with constituents. These might be achieved by more dialogue between judges nationally and internationally, more subsidiarity, more temporal limitations, and clearer judgments.

To read this address in full, please click here.

Art. 06 Right to a Fair Trial, Commentaries, Criminal Law and Criminal Procedure, EU Law

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