The impact of Brexit on the Supreme Court Flashcards
What is the European Court of Human Rights?
The body set up in 1959 to hear cases under the European Convention on Human Rights
What did the 1998 HRA do?
Incorporate the European Convention on Human Rights into UK law
What was the European Court of Human Rights established by?
The Council of Europe, founded by Britain and 9 other European states in 1949 - it has nothing to do with the EU
Why will the European Court of Human Rights probably always have precedence in the UK?
Because both leaving the EU and the repealing the HRA would not change this. The only way to stop it would be to leave the European Convention on Human Rights, an almost unthinkable and extremely unlikely act
Distinguish between the European Court of Human Rights and the European Court of Justice
- The ECHR was established by the Council of Europe, whereas the ECJ was established by the EU
- The ECHR only hears cases brought under the ECHR, whereas the ECJ arising under EU law
- The ECHR is based in Strasbourg whereas the ECJ is based in Luxembourg
What was the EU founded under?
The 1958 Treaty of Rome
What was the Council of Europe founded under?
The 1949 Treaty of London
What is the main aim of the EU?
To promote a stronger political and economic union in Europe under the 1992 Maastricht Treaty
What is the main aim of the Council of Europe?
To promote democracy, protect rights and uphold the rule of law
Why can the EU be seen as having a higher status than the Council of Europe?
Because EU law has a higher status than national law, whereas the ECHR is only upheld by an agreement to abide by the signatories
What were the two main impacts of Brexit on the Supreme Court?
- A proportion of its case load up until 2021 was related to EU law
- The removal of a court that was superior to it could be seen as enhancing the status and authority of the Supreme Court
