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27/04/2011
Clarke Pushes For Genuine Differences In European Court
The European Court of Human Rights should pay proper regard to the democratic role of national Parliaments and the decisions of domestic courts, Justice Secretary Kenneth Clarke has told the European ministerial conference.
Speaking at a Council of Europe conference on the Future of the European Court of Human Rights, the Justice Secretary made clear that the UK will continue to press for reform of the Court in the wake of increasing concern over controversial judgements and a backlog of more than 140,000 cases.
Speaking prior to the Conference, Kenneth Clarke said: "In the UK we believe that the principles of the rule of law and the independence of the judiciary are fundamental to democracy. A country in which the government never loses a court case is not one in which most of us would wish to live."
"However we also believe that courts exist to serve the democracies over which they have jurisdiction."
He added: "The UK has always been a strong supporter of the European Court of Human Rights. But at times the Court has been rather too ready to substitute its own judgement for that of national courts, without giving enough weight to the strength of the domestic legal system, or allowing for genuine differences of national approach."
(BMcN/GK)
Speaking at a Council of Europe conference on the Future of the European Court of Human Rights, the Justice Secretary made clear that the UK will continue to press for reform of the Court in the wake of increasing concern over controversial judgements and a backlog of more than 140,000 cases.
Speaking prior to the Conference, Kenneth Clarke said: "In the UK we believe that the principles of the rule of law and the independence of the judiciary are fundamental to democracy. A country in which the government never loses a court case is not one in which most of us would wish to live."
"However we also believe that courts exist to serve the democracies over which they have jurisdiction."
He added: "The UK has always been a strong supporter of the European Court of Human Rights. But at times the Court has been rather too ready to substitute its own judgement for that of national courts, without giving enough weight to the strength of the domestic legal system, or allowing for genuine differences of national approach."
(BMcN/GK)
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