'Domestic Judicial Deference and the ECHR in the UK and Netherlands'

Schooten, Hanneke Van; Sweeney, James A.

'Domestic Judicial Deference and the ECHR in the UK and Netherlands'

Schooten, Hanneke Van; Sweeney, James A.

Authors

Hanneke Van Schooten

James A. Sweeney

Abstract

This comparative article explores the interrelationship of domestic and international human rights law in the Netherlands and the United Kingdom, with reference to the European Convention on Human Rights (ECHR). The two jurisdictions offer a valuable comparison, in that the UK’s dualist approach to international law has meant that it is only very recently that the ECHR has been directly enforceable in UK domestic law. The Netherlands, meanwhile, appears to the English lawyer to present a completely different approach to international law, being based as it is upon a form of monism. Whilst the two systems appear opposed in logic because of their dualist and monist bases, they in fact have much to learn from each other.

Citation

Schooten, H. V., & Sweeney, J. A. (2003). 'Domestic Judicial Deference and the ECHR in the UK and Netherlands'. Tilburg foreign law review, 11(1), 439-461

Journal Article Type	Article
Publication Date	Jan 1, 2003
Deposit Date	Aug 14, 2008
Publicly Available Date	Aug 27, 2009
Journal	Tilburg foreign law review.
Print ISSN	0926-874X
Publisher	Tilburg University Faculty of Law
Peer Reviewed	Peer Reviewed
Volume	11
Issue	1
Pages	439-461
Keywords	Human rights, Deference, Judicial review, Monism, Comparative law.
Publisher URL	http://stuwww.uvt.nl/tflr/index2.htm