4 ms·

I think this is an oversimplification of the political dialogue and interaction of the EU, ECHR and HRA. The passage of the Human Rights Act (which brings Conv

I think this is an oversimplification of the political dialogue and interaction of the EU, ECHR and HRA. The passage of the Human Rights Act (which brings Convention rights into domestic law) was not a requirement of EU membership and we could have repealed it while still an EU member (this would be separate from leaving the ECHR itself). Moreover, reducing the impact of the convention and repealing/"reforming" the HRA was most notably proposed in the past by Theresa May as Home Secretary, who campaigned for Remain. I don't think the ECHR/HRA is particularly likely to go away here any time soon. However the government may attempt to reform the way judicial reviews can be brought to limit their impact or remove the ability to bring "last minute" challenges which could have been brought in a more timely way (theoretically this is already supposed to be the case but in practice the politically controversial cases aren't often dismissed for lack of timeliness).

richardwhiuk 6y ago
This is an oversimplification but accurate - I don't think it's credible to stay in the EU while not having the ECHR implemented in statute.
- tomatocracy 6y ago
  I'm not sure this is true really, as long as a state remained a party to the ECHR itself. The UK didn't incorporate into domestic law until 1998 and RoI (which has a similarly "dualist" legal system of international and domestic law) 2003 - so it was possible to be a member of the EU before 2003 without doing this for sure. Also to add to the confusion, many EU member states have "monist" systems of international and domestic law and never have incorporated via statute because their legal systems allow enforcement of convention rights directly. But in some of these countries the practical effect and applicability of the ECHR is actually less than in the UK via the HRA.

richardwhiuk 6y ago

This is an oversimplification but accurate - I don't think it's credible to stay in the EU while not having the ECHR implemented in statute.

tomatocracy 6y ago
I'm not sure this is true really, as long as a state remained a party to the ECHR itself. The UK didn't incorporate into domestic law until 1998 and RoI (which has a similarly "dualist" legal system of international and domestic law) 2003 - so it was possible to be a member of the EU before 2003 without doing this for sure. Also to add to the confusion, many EU member states have "monist" systems of international and domestic law and never have incorporated via statute because their legal systems allow enforcement of convention rights directly. But in some of these countries the practical effect and applicability of the ECHR is actually less than in the UK via the HRA.