header-logo header-logo

Judicial hubris in Strasbourg?

25 July 2025 / Professor Graham Zellick CBE KC
Issue: 8126 / Categories: Opinion , Human rights , EU , Animal welfare
printer mail-detail
226381
Graham Zellick KC questions a decision of the European Court of Human Rights on religious freedom

The European Court of Human Rights (ECtHR) is no stranger to criticism. More often than not, though, the fault lies with British immigration and asylum judges when adjudicating on cases that involve the competing claims of the right to family life under Art 8(1) of the European Convention on Human Rights on the one hand and, on the other, the public interest in expelling undesirable persons from the country under one of the permitted exceptions found in Art 8(2). Too often, the individual’s claim to the former is held to outweigh the government’s claim to the latter in decisions that outrage the public, or at any rate certain sections of the media and some parliamentarians. Not infrequently, though, the newspaper headlines and summaries are wildly misleading and inaccurate.

Overreach & underreach

But Strasbourg overreach is certainly not unknown. One example is its decision that a blanket denial of the vote to

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

National Pro Bono Centre—Esther McConnell & Sarah Oliver Scemla

National Pro Bono Centre—Esther McConnell & Sarah Oliver Scemla

Charity strengthens leadership as national Pro Bono Week takes place

Michelman Robinson—Akshay Sewlikar

Michelman Robinson—Akshay Sewlikar

Dual-qualified partner joins London disputes practice

McDermott Will & Schulte—Karen Butler

McDermott Will & Schulte—Karen Butler

Transactions practice welcomes partner in London office

NEWS
Intellectual property lawyers have expressed disappointment a ground-breaking claim on the use of artificial intelligence (AI) ended with no precedent being set
Two separate post-implementation reviews are being held into the extension of fixed recoverable costs for personal injury claims and the whiplash regime
Legal executives can apply for standalone litigation practice rights, the Legal Services Board (LSB) has confirmed, in a move likely to offset some of the confusion caused by Mazur
Delays in the family court in London and the south east are partly due to a 20% shortage of judges, Sir Andrew McFarlane, president of the Family Division, has told MPs
Entries are now open for the 2026 LexisNexis Legal Awards, celebrating achievement and innovation in the law across 24 categories
back-to-top-scroll