The United Kingdom, the European Court of Human Rights, and Constitutional Review

Bradley, A. W.

Journal: Cardozo Law Review

Volume: 17

First Page: 233

Year: 1995

Bluebook Citation: 17 CARDOZO L. REV. 233 (1995)

Author: Anthony W. Bradley: all 3 publications


Abstract

The aim of this Article is to consider whether there is now in the United Kingdom the embryo of a procedure for constitutional review that results from the United Kingdom's adherence to the European Convention on Human Rights as well as the burgeoning case law being developed by the European Court of Human Rights. To the extent that such an embryo exists, I hope to show that this is a development which has not been directly willed by the United Kingdom Parliament, nor by successive United Kingdom governments. Assuming that this process deserves to be described as piecemeal constitution making, the process owes more to the pressures on the legal system that resulted from European integration than it does to national support for constitutional reform.

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