City Research Online

Abstract

This article challenges the dichotomy often proposed by the scholarship and jurisprudence between the rights guaranteed in the European Convention on Human Rights and those claimants can rely on under the Human Rights Act 1998. It discussesthe two contentionsinforming this approach, namely the autonomy of meaning of the Human Rights Act“Convention Rights”and the authority of domestic courtsto interpret the Convention provisions.The authorrelies on the effects of incorporation of treaty normsinto municipal law, in the light of the statutory language, preparatory works, and the presumption of Parliament’s intent to comply with international obligations, as well as on treaty law principles, with particular regard to the interpretive competence of treaty-based monitoring organs. The experience of the domestic approach to the jurisprudence of the Court of Justice of the European Union serves as a comparator to support a reading of the Human Rights Act consistent with constitutional and international law.

Publication Type:	Article
Additional Information:	Draghici, C. European Human Rights Law Review (2014) Sweet and Maxwell, reproduced with permission of THOMSON REUTERS (PROFESSIONAL) UK LIMITED. This extract is taken from the author's original manuscript and has not been edited. The definitive, published, version of record is available here: http://login.westlaw.co.uk/maf/wluk/app/document?&srguid=i0ad8289e0000014e200302d45ede0540&docguid=I30E55C80B9AF11E3A98EA764AFDA0499&hitguid=I30E55C80B9AF11E3A98EA764AFDA0499&rank=1&spos=1&epos=1&td=1&crumb-action=append&context=11&resolvein=true
Subjects:	K Law > KZ Law of Nations
Departments:	The City Law School > Academic Programmes The City Law School > International Law and Affairs Group The City Law School > Institute for the Study of European Laws
SWORD Depositor:	Symplectic Administrator

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