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The United Kingdom's Statutory Bill of RightsConstitutional and Comparative Perspectives$
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Roger Masterman and Ian Leigh

Print publication date: 2013

Print ISBN-13: 9780197265376

Published to British Academy Scholarship Online: January 2014

DOI: 10.5871/bacad/9780197265376.001.0001

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From Monologue to Dialogue

From Monologue to Dialogue

The Relationship between UK Courts and the European Court of Human Rights

(p.139) 6 From Monologue to Dialogue
The United Kingdom's Statutory Bill of Rights

Merris Amos

British Academy

In recent years, there has been considerable discussion of the dialogue which takes place between UK courts, adjudicating in claims brought under the Human Rights Act 1998, and the European Court of Human Rights. This chapter examines the characteristics of this relationship and, utilising case law examples, considers the question of whether the metaphor of dialogue is entirely accurate. Also considered are the outcomes, both actual and potential, from a dialogue between national courts and a supranational court. It is clear that dialogue can have an impact on the creation of human rights norms, judicial power, and the legitimacy of human rights law. The UK example is employed to illustrate these outcomes in practice, and also to highlight the potential pitfalls of extensive dialogue with a supranational court.

Keywords:   Human Rights Act, European Court, Human Rights, dialogue, margin of appreciation, norm creation, judicial power, legitimacy

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