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

Jay, ZC ORCID: 0000-0003-3404-0783 2017 , 'Keeping rights at home: British conceptions of rights and compliance with the European Court of Human Rights' , British Journal of Politics and International Relations, vol. 19, no. 4 , pp. 1-19 , doi: 10.1177/1369148117732469.

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Abstract

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.

Item Type: Article
Authors/Creators:Jay, ZC
Keywords: Compliance, United Kingdom, European Court of Human Rights, norms, rights culture
Journal or Publication Title: British Journal of Politics and International Relations
Publisher: Sage Publications Ltd.
ISSN: 1369-1481
DOI / ID Number: 10.1177/1369148117732469
Copyright Information:

Copyright 2017 The Author

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