UK courts 'not bound by Strasbourg'

British courts do not need to abide by the rulings of the European Court of Human Rights, the most senior judge in England and Wales has said.





The Lord Chief Justice Lord Judge said that while courts should always take the rulings of the Strasbourg-based court into account, they were not bound by them.



His comments will fuel the controversial debate over the Human Rights Act as a commission set up by David Cameron looks at the case for a British Bill of Rights.



But in giving evidence to the Lords Constitution Committee, a split over the issue emerged between two of Britain's most senior judges.



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."



He went on: "For Strasbourg there is a debate yet to happen, it will have to happen in the Supreme Court, about what we really do mean in the Human Rights Act, what Parliament means in the Human Rights Act, when it said that courts in this country must 'take account' of the decisions of the European Court of Human Rights (ECHR).



"I myself think it's at least arguable that, having taken account of the decision of the court in Strasbourg, our courts are not bound by them.



"We have to give them due weight, and in most cases obviously we would follow them, but not I think necessarily."



The Prime Minister's decision to set up a commission to consider a British Bill of Rights came after the Government lost a legal challenge to the ECHR ruling that the UK's blanket ban on prisoners voting was unlawful.



Speaking in April, Justice Secretary Kenneth Clarke warned that the ECHR has been "rather too ready to substitute its own judgment for that of national courts".



It was failing to give enough weight to the domestic legal system and was not allowing for "genuine differences of national approach", he said.



The Strasbourg-based court has been widely criticised in the UK for assuming a legislative function beyond its powers.

PA

Suggested Topics
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
News
ebookA unique anthology of reporting and analysis of a crucial period of history
Arts and Entertainment
Jamie Dornan stars as Christian Grey in the Fifty Shades of Grey movie
filmFirst look at Jamie Dornan in Fifty Shades of Grey trailor
News
Lars Ulrich of Metallica performs on the Pyramid Stage at Glastonbury 2014
music
Sport
Shinji Kagawa and Reece James celebrate after the latter scores in Manchester United's 7-0 victory over LA Galaxy
football
Voices
voicesGood for Lana Del Rey for helping kill that myth, writes Grace Dent
Sport
Farah returns to the track with something to prove
Commonwealth games
Life and Style
fashion Designs are part of feminist art project by a British student
Arts and Entertainment
The Tour de France peloton rides over a bridge on the Grinton Moor, Yorkshire, earlier this month
film
News
Very tasty: Vladimir Putin dining alone, perhaps sensibly
news
Arts and Entertainment
Top guns: Cole advised the makers of Second World War film Fury, starring Brad Pitt
filmLt-Col Steven Cole is the man Hollywood calls when it wants to borrow a tank or check a uniform
Life and Style
Listen here: Apple EarPods offer an alternative
techAre custom, 3D printed earbuds the solution?
News
Snoop Dogg pictured at The Hollywood Reporter Nominees' Night in February, 2013
people... says Snoop Dogg
News
The University of California study monitored the reaction of 36 dogs
sciencePets' range of emotions revealed
Arts and Entertainment
A scene from Shakespeare in Love at the Noel Coward Theatre
theatreReview: Shakespeare in Love has moments of sheer stage poetry mixed with effervescent fun
Independent
Travel Shop
the manor
Up to 70% off luxury travel
on city breaks Find out more
santorini
Up to 70% off luxury travel
on chic beach resorts Find out more
sardina foodie
Up to 70% off luxury travel
on country retreats Find out more
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Service Charge Accountant

£20,000 - £22,000 per annum: Recruitment Genius: This Property Management Grou...

Head of Sales, London

£70 - 95K OTE £125K. Plus Car,Private Healthcare and Pension: Charter Selectio...

Head of Sales, Milton Keynes

£70 - 90K OTE £125K. Plus Car,Private Healthcare and Pension: Charter Selectio...

Head of Sales, Bristol

£70 - 90K OTE £125K. Plus Car,Private Healthcare and Pension: Charter Selectio...

Day In a Page

Screwing your way to the top? Good for Lana Del Rey for helping kill that myth

Screwing your way to the top?

Good for Lana Del Rey for helping kill that myth, says Grace Dent
Will the young Britons fighting in Syria be allowed to return home and resume their lives?

Will Britons fighting in Syria be able to resume their lives?

Tony Blair's Terrorism Act 2006 has made it an offence to take part in military action abroad with a "political, ideological, religious or racial motive"
Beyoncé poses as Rosie the Riveter, the wartime poster girl who became a feminist pin-up

Beyoncé poses as Rosie the Riveter

The wartime poster girl became the ultimate American symbol of female empowerment
The quest to find the perfect pair of earphones: Are custom, 3D printed earbuds the solution?

The quest to find the perfect pair of earphones

Earphones don't fit properly, offer mediocre audio quality and can even be painful. So the quest to design the perfect pair is music to Seth Stevenson's ears
US Army's shooting star: Lt-Col Steven Cole is the man Hollywood calls when it wants to borrow a tank or check a military uniform

Meet the US Army's shooting star

Lt-Col Steven Cole is the man Hollywood calls when it wants to borrow a tank or check a military uniform
Climate change threatens to make the antarctic fur seal extinct

Take a good look while you can

How climate change could wipe out this seal
Should emergency hospital weddings be made easier for the terminally ill?

Farewell, my lovely

Should emergency hospital weddings be made easier?
Man Booker Prize 2014 longlist: Crowdfunded novel nominated for first time

Crowdfunded novel nominated for Booker Prize

Paul Kingsnorth's 'The Wake' is in contention for the prestigious award
Vladimir Putin employs a full-time food taster to ensure his meals aren't poisoned

Vladimir Putin employs a full-time food taster

John Walsh salutes those brave souls who have, throughout history, put their knives on the line
Tour de France effect brings Hollywood blockbusters to Yorkshire

Tour de France effect brings Hollywood blockbusters to Yorkshire

A $25m thriller starring Sam Worthington to be made in God's Own Country
Will The Minerva Project - the first 'elite' American university to be launched in a century - change the face of higher learning?

Will The Minerva Project change the face of higher learning?

The university has no lecture halls, no debating societies, no sports teams and no fraternities. Instead, the 33 students who have made the cut at Minerva, will travel the world and change the face of higher learning
The 10 best pedicure products

Feet treat: 10 best pedicure products

Bags packed and all prepped for holidays, but feet in a state? Get them flip-flop-ready with our pick of the items for a DIY treatment
Commonwealth Games 2014: Great Scots! Planes and pipers welcome in Glasgow's Games

Commonwealth Games 2014

Great Scots! Planes and pipers welcome in Glasgow's Games
Jack Pitt-Brooke: Manchester City and Patrick Vieira make the right stand on racism

Jack Pitt-Brooke

Manchester City and Patrick Vieira make the right stand on racism
How Terry Newton tragedy made iron men seek help to tackle their psychological demons

How Newton tragedy made iron men seek help to tackle their psychological demons

Over a hundred rugby league players have contacted clinic to deal with mental challenges of game