header-logo header-logo

20 February 2015 / Sir Geoffrey Bindman KC
Issue: 7641 / Categories: Opinion
printer mail-detail

Battle of the giants

Geoffrey Bindman QC analyses a judicial confrontation

When two senior judges cross swords over a fundamental constitutional question we sit up and take notice. The judges are Dean Spielmann, president of the European Court of Human Rights (ECtHR), and Lord Judge, recently retired Lord Chief Justice of England and Wales. The question is whether decisions and opinions of the Strasbourg Court override or “trump” the authority of the UK Parliament. It is particularly significant because the prime minister has declared that if his party is elected to government in May it will seek to repeal the Human Rights Act 1998 (HRA 1998) and remove any binding effect on the UK of rulings of the Court of Human Rights. The promise is to “end the ability of the European Court to change British laws”. In its press release announcing this policy, the Conservative party quotes Lord Judge, implying his support for its proposals.

Criticisms

Judge Spielmann in “A View from Strasbourg” (Counsel, April 2014), defends his court against these criticisms. In particular

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins hires two talented legal directors

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
back-to-top-scroll