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Keeping rights at home: British conceptions of rights and compliance with the European Court of Human Rights

journal contribution
posted on 2023-05-19, 12:51 authored by Jay, Z
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.

History

Publication title

British Journal of Politics and International Relations

Volume

19

Issue

4

Pagination

1-19

ISSN

1369-1481

Department/School

School of Social Sciences

Publisher

Sage Publications Ltd.

Place of publication

United Kingdom

Rights statement

Copyright 2017 The Author

Repository Status

  • Restricted

Socio-economic Objectives

International relations not elsewhere classified

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