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Enhanced subsidiarity and a dialogic approach - or appeasement in recent cases on criminal justice, public order and counter-terrorism at Strasbourg against the UK?

Fenwick, Helen (2015) 'Enhanced subsidiarity and a dialogic approach - or appeasement in recent cases on criminal justice, public order and counter-terrorism at Strasbourg against the UK?', in The UK and European Human Rights: a strained relationship? Oxford: Hart, pp. 194-213.

Abstract

This chapter is written against a back-drop of rising hostility to the ECHR in an increasingly nationalistic Britain which is currently confronting the threat represented by Russian action in Ukraine and the threat of ISIS expansion in Iraq and Syria. In that context, at present, the defence of British national sovereignty against encroaching European power so that government can take necessary measures to protect the public commends itself with particular force to some Parliamentarians, much of the media, and parts of the population.1 This chapter considers the devices, including the principle of subsidiarity, and the notion of dialogue with domestic courts, that the Strasbourg Court is increasingly under pressure to employ in order to avoid head-on clashes with Britain in relation to especially sensitive issues. The discussion will be placed in the context of the Interlaken and Brighton declarations leading to Protocols 15 and 16 with a view to considering whether, or how far, the notion of ‘enhanced subsidiarity’, which underpins those declarations, is having an impact on some recent Court judgments, especially in the counter-terror context, as an example of an especially sensitive area of Strasbourg jurisprudence.

Item Type:Book chapter
Full text:(AM) Accepted Manuscript
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Status:Peer-reviewed
Publisher Web site:http://www.bloomsbury.com/au/the-uk-and-european-human-rights-9781849467957/
Publisher statement:This is an Accepted Manuscript of a book chapter published by Bloomsbury Academic in The UK and European Human Rights: a strained relationship? on 22/10/2015 available online: http://www.bloomsbury.com/9781849467957
Date accepted:No date available
Date deposited:24 November 2016
Date of first online publication:October 2015
Date first made open access:22 April 2017

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