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Keeping rights at home: British conceptions of rights and compliance with the European Court of Human Rights
Citation
Jay, Z, Keeping rights at home: British conceptions of rights and compliance with the European Court of Human Rights, British Journal of Politics and International Relations, 19, (4) pp. 1-19. ISSN 1369-1481 (2017) [Refereed Article]
Copyright Statement
Copyright 2017 The Author
DOI: doi:10.1177/1369148117732469
Abstract
The United Kingdom’s relationship with the European Court of Human Rights (ECtHR) has been historically fraught. This article examines this relationship with a view to understanding how the United Kingdom’s conceptions of human rights protection, both domestically and in Europe, shape its willingness to comply with ECtHR judgements. The article argues that the U K maintains a sense of a distinctly ‘British’—as opposed to ‘European’—rights culture, based on principles such as parliamentary sovereignty and so-called common sense values. In doing so, the article explores an important analytical gap in terms of understanding the relationship between compliance behaviour and international law, as current theoretical explanations do not necessarily explain how cultural perceptions of rights and law translate into decisions to comply.
Item Details
Item Type: | Refereed Article |
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Keywords: | Compliance, United Kingdom, European Court of Human Rights, norms, rights culture |
Research Division: | Human Society |
Research Group: | Political science |
Research Field: | International relations |
Objective Division: | Law, Politics and Community Services |
Objective Group: | International relations |
Objective Field: | International relations not elsewhere classified |
UTAS Author: | Jay, Z (Ms Zoe Jay) |
ID Code: | 121921 |
Year Published: | 2017 |
Web of Science® Times Cited: | 10 |
Deposited By: | Office of the School of Social Sciences |
Deposited On: | 2017-10-20 |
Last Modified: | 2018-04-19 |
Downloads: | 0 |
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