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Strategic Admissibility Decisions in the European Court of Human Rights

Research output: Contribution to journal › Article › peer-review

Abstract

The current relationship between UK and Strasbourg is politically fraught, which presents inevitable challenges for both jurisdictions. This article will analyse how the Strasbourg Court has responded to these challenges when dealing with applications against the UK, particularly when an application is brought following determination by the UK Supreme Court. It will be argued that there is some evidence that the Strasbourg Court has recently been using the admissibility stage as a novel site for effecting strategic behaviour, in order to moderate and influence UK–Strasbourg relations. The effect of this recent inclination, and some possible justifications for it, will then be set out.
Original languageEnglish
Pages (from-to)79-102
Number of pages44
JournalInternational and Comparative Law Quarterly
Volume69
Issue number1
DOIs
Publication statusPublished - 4 Dec 2019

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords

  • Human Rights
  • European Court of Human Rights
  • UK Supreme Court
  • Admissibility
  • Judicial behaviour
  • Strategic model

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