A timely reminder for the UK in relation to the Hirst test
"Above all, we need a better and more systematic use of the principle of subsidiarity. State Parties have the primary responsibility to respect human rights, to prevent violations and to remedy them when they occur.
All States parties have now incorporated the Convention into their national legal systems, but not all have done so with satisfactory effect.
What we need to achieve is a genuine structural integration of the Convention into national systems, in order to secure its direct application; we need a better implementation of its provisions, including, above all, the obligation to provide effective domestic remedies for alleged violations.
The Convention cannot be fully and effectively implemented at national level unless the authority of the Court’s case-law is properly recognised in the national legal order.
Most obviously, States must promptly and fully execute judgments in cases to which they are party, including any general measures that may be required.
But that is not all. National authorities must also take sufficient account of the general principles in the Court’s case-law that may have consequences for their own law and practice. There is much room for improvement here in many countries".
Related content:
Hirst test
A mixture of law, politics, autobiography and humour. Once described as "The Devilish Advocate" (Guardian), I do have the ability to provoke a response. Sometimes it comes from someone who uses a thought process, and sometimes from jerks usually associated with the knee.
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