Judges split on Human Rights Act
21st October 2011The most senior judge in England and Wales has reignited debate on the Human Rights Act.
The Lord Chief Justice Lord Judge said British courts are not bound by the rulings of the European Court of Human Rights, but as good practice should always take them into account.
His comments come after David Cameron set up a commission looking at the case for a British Bill of Rights, with the Strasbourg-based court widely criticised in the UK for assuming a legislative function beyond its powers.
But two of Britain’s most prominent judges seemed split over the issue when giving evidence to the Lords Constitution Committee.
Lord Phillips, the president of the Supreme Court and a former Lord Chief Justice, told the peers: “In the end, Strasbourg is going to win so long as we have the Human Rights Act and the Human Rights Act is designed to give effect to that part of the rule of law which says we must comply with the convention.
“If we have Strasbourg saying, ‘You can’t do that’, it raises some very real problems.”
But Lord Judge said: “I would like to say that maybe Strasbourg shouldn’t win and doesn’t need to win.”
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