
Contents
-
-
-
-
-
-
-
-
-
Introduction Introduction
-
Opportunities for Dialogue Opportunities for Dialogue
-
Dialogue in Practice Dialogue in Practice
-
Outcomes from Dialogue Outcomes from Dialogue
-
The Creation of Human Rights Norms The Creation of Human Rights Norms
-
The Legitimacy of National and International Human Rights Law The Legitimacy of National and International Human Rights Law
-
Judicial Power Judicial Power
-
-
The Future of Dialogue The Future of Dialogue
-
Conclusion Conclusion
-
-
-
-
-
-
-
-
-
-
6 From Monologue to Dialogue: The Relationship between UK Courts and the European Court of Human Rights
Get access-
Published:April 2013
Cite
Abstract
In recent years, there has been considerable discussion of the dialogue which takes place between UK courts, adjudicating in claims brought under the Human Rights Act 1998, and the European Court of Human Rights. This chapter examines the characteristics of this relationship and, utilising case law examples, considers the question of whether the metaphor of dialogue is entirely accurate. Also considered are the outcomes, both actual and potential, from a dialogue between national courts and a supranational court. It is clear that dialogue can have an impact on the creation of human rights norms, judicial power, and the legitimacy of human rights law. The UK example is employed to illustrate these outcomes in practice, and also to highlight the potential pitfalls of extensive dialogue with a supranational court.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
October 2022 | 2 |
November 2022 | 4 |
January 2023 | 1 |
February 2023 | 10 |
May 2023 | 3 |
June 2023 | 2 |
October 2023 | 7 |
November 2023 | 14 |
December 2023 | 11 |
February 2024 | 15 |
March 2024 | 4 |
April 2024 | 7 |
May 2024 | 1 |
June 2024 | 9 |
July 2024 | 1 |
August 2024 | 2 |
November 2024 | 5 |
December 2024 | 1 |
February 2025 | 15 |
April 2025 | 2 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.