Source · Select Committees · Human Rights (Joint Committee)
Recommendation 11
11
Paragraph: 70
It is clear that there is a very healthy state of judicial dialogue as between...
Conclusion
It is clear that there is a very healthy state of judicial dialogue as between the ECtHR and the UK judiciary. We agree with President Robert Spano and Judge Tim Eicke when they said, “our view is that both the formal and the informal judicial dialogue is going extremely well and it is rather difficult to identify any particular area for improvement”. Such a sentiment was also echoed by Lady Hale in her evidence to the Committee. Both informal and formal judicial dialogue is clearly working well. In particular, the operation of section 2 HRA clearly allows for very healthy state of judicial dialogue in the form of judgments. It would therefore seem prudent not to change these successful practices; in our opinion too much risks being lost by any amendments to section 2 HRA.
Paragraph Reference:
70