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Analysing the Prisoner Voting Saga and the British Challenge to Strasbourg

journal contribution
posted on 07.10.2015, 08:21 by Ed P. Bates
This article examines the development of the prisoner voting saga concerning the UK and Strasbourg, setting it in the context of the strained relationship existing between the former and the latter in recent years. It examines and offers a critique of the relevant Strasbourg jurisprudence, commencing with the Grand Chamber judgment in Hirst v United Kingdom No 2. It discusses the ‘brinkmanship’ that ensued between Strasbourg and the UK as regards the enforcement of that judgment, and how Strasbourg responded via a further Grand Chamber judgment (Scoppola v Italy No 3). The reaction to that judgment is contextualised by a detailed examination of why the relationship between the UK and Strasbourg has been a difficult one recently, at least from the former’s perspective. These issues are then reflected upon in a final section.

History

Citation

Human Rights Law Review, 2014, 14 (3), pp. 503-540 (37)

Author affiliation

/Organisation/COLLEGE OF SOCIAL SCIENCES, ARTS AND HUMANITIES/School of Law

Version

AM (Accepted Manuscript)

Published in

Human Rights Law Review

Publisher

Oxford University Press

issn

1461-7781

eissn

1744-1021

Copyright date

2014

Available date

23/07/2016

Publisher version

http://hrlr.oxfordjournals.org/content/14/3/503.abstract

Notes

The file associated with this record is under a 24-month embargo from publication in accordance with the publisher's self-archiving policy, available at http://hrlr.oxfordjournals.org/content/14/3/503.abstract. The full text may be available in the publisher links provided above.

Language

en