European Court of Human rights and Independence of Judiciary


The European Court of Human Rights 

  • European court does have influence over what british courts can do, clear breach. Mcdonnell vs UK in 2014, European Court overruled UK's decision 
  • However often UK can simply refuse European rulings, UK refusing to give prisoners right to vote in 2015 despite European council decreeing it 
  • European Court can effectively change UK law if it wishes, Shireby v UK, law changed on sex discrimination act in 2009 
  • However, due to Brexit vote in 2016 most of this is redundant as we will be able to make our own versions of the laws when we leave in 2019 
  • European court can sometimes breach secutiry laws in Britain, Abdi v UK in 2013, european court ruled his detention was unlawful and he was released 
  • However sometimes court can rule in favour of the UK, NJDB v UK in 2015,


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