Essay on "Role of Judges in Human"

Essay 7 pages (1962 words) Sources: 10

[EXCERPT] . . . .

Further research shows that Lord Scott was the one that was highly critical of the method of what was going on in the Strasbourg court and held that that case was definite on a "mistaken accepting of the process in this nation" for possession records by local authorities.

More Criticism

Lord Irvine's criticism is above all forceful with favor to the courts' failure to deliver protection of human rights beyond that delivered by Strasbourg case law, whether in the framework of a deficiency of Strasbourg jurisprudence on the point, or in the situation of unfavorable case law. The courts' hesitancy is mostly founded on considerations of maintaining uniformity among ECHR nations. It shall be contended, on the other hand, that such great uniformity is not sought by the ECHR in the first place, and that in any case consistency should be search for at a higher level of defense.

Conclusion

Overall, Lord Irvine's criticism may be confronted to the extent that it discards the courts' "exceptionalist" approach to retiring from Strasbourg case law. It could be said that this approach falls inside the range of approaches allowed by section 2 of the HRA, and is further supported by considerations of the UK's duties under international law, the need for judges to set some kind of a positive sample, legal certainty, and the significant delays that involve attending pleas to Strasbourg. However, Lord Irvine's criticism is to be noted to guarantee that the payment for departures from Strasbourg case law does not turn out to be just theoretical. Furthermore, one might correctly echo his regret at the bashfulness of the courts under the Ullah standard. British judges, like the British drafters of the ECHR, should be the ones that decide to take the lead when it comes down to raising the human rights bar.

References

Berger, V. (2009). Case Law of the European Court of Human Rights. London: Round Hall Press.

El Ouali, A. (2004). Effets juridiques de la sentence internationale: contribution a l'etude de l'execution des normes internationales. Paris: Librairie generale de droit et de jurisprudence.

Emberland, M. (2002). European Convention on Human Rights -- Right of Access to Court -- Sovereign Immunity in Civil Proceedings -- Personal Injury by Armed Forces -- Employment Dispute with Foreign Embassy -- Torture outside the Forum State -- Jus Cogens Limitations on Immunity. American Journal of International Law, 699.

Guillaume, G. (2011). The Use of Precedent by International Judges and Arbitrators.." Journal of International Dispute Settlement, 11(3), 5-23.

Lauterpacht, H. (2006). The Development of International Law by the International Court. London: Stevens.

Mowbray, A. (2012). Proposals for reform of the European Court of Human Rights. 2000 Public Law, 252.

Oellers-Frahm, K. (2012). "Lawmaking through Advisory… READ MORE

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