Time to Leave the European Convention on Human Rights

An appellant sought to appeal to the Supreme Court that evening and the next day a three- judge panel headed by the President of the Court refused permission to appeal, accepting an assurance from the Home Secretary that she would facilitate the return of the appellant from Rwanda in the event of the English court later deciding that person ought to be allowed to return. [...] 4 The Centre for Brexit Policy UK Must Put In Train Leaving the ECHR There are two basic reasons why the ECHR cannot be made acceptable through attempts to mitigate the effects of the Strasbourg Court’s judicial activism: • The fundamental problem with such efforts is that so long as the UK is a member of the ECHR, the right of individual petition to the Strasbourg Court persists • The political p. [...] On the face of it, the power to make rules is a power to regulate and control the proceedings of the court, not a power to expand the scope of the jurisdiction conferred on the Court by the Convention itself. [...] Since the function of the domestic courts, including the Supreme Court, is to interpret and apply the domestic law of the UK it is arguable that the Supreme Court’s essay on the other international treaty obligations of the UK trespasses beyond the Court’s proper constitutional functions and into the arena of the executive and of politics. [...] TIME TO LEAVE THE EUROPEAN CONVENTION ON HUMAN RIGHTS - 23 IV - HOW TO LEAVE THE ECHR Dealing With Implications of the Miller 1 Case Since the course of leaving the jurisdiction of the Strasbourg Court but maintaining membership of the Convention has been closed off by Protocol No 11, the question arises of whether there is any barrier that makes it difficult for the UK to leave the ECHR.