How Brexit Has Impact The UK Judiciary

Question 1

What does leaving the EU mean for the ECHR in UK law

Answer 1

-leaving EU in itself doesn’t remove the UKs obligations under ECHR any more than repealing HRA would
-only way to remove UK from ECHR’s jurisdictions is to withdraw from the convention itself

Question 2

What is the European court of human rights

Answer 2

-est by the council of Europe
-hears cases brought under ECHR
-based in Strasbourg but not an EU body

Question 3

What is the European court of justice

Answer 3

-the ‘SC’ of the EU
-hears cases arising under EU law
-based in Luxembourg

Question 4

What did Brexit involve withdrawing from the impacted uk law

Answer 4

-Brexit involved withdrawing from treaty of Rome signed 1957
-this meant EU law no longer take precedence over UK law + ECJ no longer have jurisdiction over UK

Question 5

What are the three significant ways leaving the EU impacts on the UK SC

Answer 5

-proportion of its case load in recent years has related to EU law
-SC no longer be tasked with enforcing EU law over UK law
-re I am of a court that is superior to SC in some aspects of law could enhance the SC’s statutes + authority as highest court in UK

Question 6

What did professor Bogdanor comment in the guardian regarding this

Answer 6

-stated our courts have become ‘constitutional courts that enforce EU law - Brexit will leave a gap in our constitution in terms of the protection of HR. This gap will be filled by the judges
-brexit will increase the danger of a clash between judges + parl