
Roger Smith provides an overview of the latest human rights news
Gray’s Inn proved a curiously appropriate venue for a Brick Court discussion of whether the common law should break free of Europe. The ghost of the great Professor Dicey might have walked through the wood-panelled walls and joined in the debate. Michael Howe QC would certainly have welcomed his intervention in defence of the challenge of human rights to Parliamentary Sovereignty. The rest of the panel might have prayed him in aid—if he had kept up to date—as an analytical lawyer on the question of whether Mr Howe had correctly understood the case law of the European Court of Human Rights.
The participants had been selected more as representatives for various views rather than in the hope of a constructive debate. Dominic Grieve QC MP was, as usual, sensible. Lord Judge persisted with his disingenuous claim that he just wanted clarity on the role of Parliament and the European Court of Human Rights and had no view on what it should be. Isabella