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The European Court Of Human Rights In The Uk: Litigation, Rights Protection And Minorities

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Chapter Summary

The United Kingdom(UK), with its historic absence of a written Constitution and accompanying Bill of Rights, has traditionally paid more attention to the need to respect individual freedom than the protection of positive substantive rights. However, following mounting criticism of judicial incapacity to redress human rights violations, and an increasing number of cases from the United Kingdom being heard before the European Court of Human Rights (ECtHR ), pressure for the introduction of a domestic Bill of Rights grew throughout the late twentieth century. The above analysis of case law emerging under the HRA and Convention Articles 8, 9 and 14 ECHR suggests that the legislation has made both winners and losers of litigants concerned to promote equality through recourse to human rights arguments. Equally, the response of the UK government to adverse judgments has, overwhelmingly, been to accept them.

Keywords: Bill of Rights; ECHR; UK



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