Keeping rights at home: British conceptions of rights and compliance with the European Court of Human Rights
| Autor: | Zoe Charlotte Jay |
|---|---|
| Rok vydání: | 2017 |
| Předmět: |
050502 law
Scots law Human rights Linguistic rights Reservation of rights media_common.quotation_subject 05 social sciences Fundamental rights Management Monitoring Policy and Law 050601 international relations Right to property 0506 political science Ex post facto law International human rights law Law Political science Political Science and International Relations 0505 law media_common |
| Zdroj: | The British Journal of Politics and International Relations. 19:842-860 |
| ISSN: | 1467-856X 1369-1481 |
| DOI: | 10.1177/1369148117732469 |
| Popis: | The United Kingdom’s relationship with the European Court of Human Rights (ECtHR) has been historically fraught. This article examines this relationship with a view to understanding how the United Kingdom’s conceptions of human rights protection, both domestically and in Europe, shape its willingness to comply with ECtHR judgements. The article argues that the U K maintains a sense of a distinctly ‘British’—as opposed to ‘European’—rights culture, based on principles such as parliamentary sovereignty and so-called common sense values. In doing so, the article explores an important analytical gap in terms of understanding the relationship between compliance behaviour and international law, as current theoretical explanations do not necessarily explain how cultural perceptions of rights and law translate into decisions to comply. |
| Databáze: | OpenAIRE |
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