Full Description
This book examines the relationship between the UK Parliament and the European Court of Human Rights, and the relationship Parliament had previously with the Court of Justice of the European Union. It examines these relationships in the context of the highly-politicised area of immigration.
The book illustrates, despite frequent claims to the contrary, that the adjudication of rights by 'foreign' courts in cases involving immigration has not in fact impeded Parliament's work or its sovereignty. By applying the democratic dialogue model to the relationship between Parliament and the two international courts, the book illustrates the dynamic and interactive nature of the relationships. The institutions, working together, produce moderated and normatively advantageous human rights protections.
Tackling the contentious issue of UK sovereignty, this important book, through rigorous analysis, expertly dismantles one of the most charged political claims of recent times.
Contents
Introduction
1. Testing Transnational Democratic Dialogue
2. Setting up Transnational Democratic Dialogue
3. The Relationship between the UK Parliament and the ECtHR
4. The Relationship between the UK Parliament and the CJEU
5. Sovereignty Intact
