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The ECHR: out of order or out of fashion

15 March 2024 / Malcolm Bishop KC
Issue: 8063 / Categories: Features , EU , Constitutional law , Public
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Malcolm Bishop KC looks back on the UK’s role in shaping our European Convention rights

‘We need to get rid of this European Convention! We can’t have foreign judges in foreign courts telling us what to do—we need to take back control.’ These and similar sentiments could be heard not only in the hostelries up and down the country but even occasionally in the Inns of Court. But we should be careful what we wish for, because the consequences may be the opposite of that intended.

Drafting the Convention

It might be helpful therefore to look at what some seek to get rid of, and how it all started. On 4 November 1950, some 15 European states met at Rome to sign the European Convention for the protection of human rights and fundamental freedoms. The UK was a prominent member of that meeting and indeed the text of the convention itself was largely the work of a team of Oxbridge professors headed by Sir

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Pillsbury—Lord Garnier KC

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Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

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Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

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Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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