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Analysing the prisoner voting saga and the British challenge to Strasbourg

Analysing the prisoner voting saga and the British challenge to Strasbourg
Analysing the prisoner voting saga and the British challenge to Strasbourg
This article examines the development of the prisoner voting saga concerning the UK and Strasbourg, setting it in the context of the strained relationship existing between the former and the latter in recent years. It examines and offers a critique of the relevant Strasbourg jurisprudence, commencing with the Grand Chamber judgment in Hirst v United Kingdom (No 2). It discusses the ‘brinkmanship’ that ensued between Strasbourg and the UK as regards the enforcement of that judgment, and how Strasbourg responded via a further Grand Chamber judgment (Scoppola v Italy (No 3)). The reaction to that judgment is contextualised by a detailed examination of why the relationship between the UK and Strasbourg has been a difficult one recently, at least from the former’s perspective. These issues are then reflected upon in a final section.
prisoner voting
1461-7781
1-38
Bates, Ed
eb13de81-a252-429c-8975-169e2e5e39ad
Bates, Ed
eb13de81-a252-429c-8975-169e2e5e39ad

Bates, Ed (2014) Analysing the prisoner voting saga and the British challenge to Strasbourg. Human Rights Law Review, 15 (3), 1-38. (doi:10.1093/hrlr/ngu024).

Record type: Article

Abstract

This article examines the development of the prisoner voting saga concerning the UK and Strasbourg, setting it in the context of the strained relationship existing between the former and the latter in recent years. It examines and offers a critique of the relevant Strasbourg jurisprudence, commencing with the Grand Chamber judgment in Hirst v United Kingdom (No 2). It discusses the ‘brinkmanship’ that ensued between Strasbourg and the UK as regards the enforcement of that judgment, and how Strasbourg responded via a further Grand Chamber judgment (Scoppola v Italy (No 3)). The reaction to that judgment is contextualised by a detailed examination of why the relationship between the UK and Strasbourg has been a difficult one recently, at least from the former’s perspective. These issues are then reflected upon in a final section.

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More information

Published date: 23 July 2014
Keywords: prisoner voting
Organisations: Southampton Law School

Identifiers

Local EPrints ID: 367263
URI: http://eprints.soton.ac.uk/id/eprint/367263
ISSN: 1461-7781
PURE UUID: 1c1929a5-5071-4774-ba5f-5df3ed99658c

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Date deposited: 19 Aug 2014 10:52
Last modified: 14 Mar 2024 17:27

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Author: Ed Bates

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