THE COURTS AND THE ECHR: A PRINCIPLED APPROACH TO THE STRASBOURG JURISPRUDENCE

Abstract

AbstractThe way in which the courts in the United Kingdom have interpreted and applied the Ullah principle has created problems in the national application of the European Convention on Human Rights. As is evident particularly in Ambrose, this is partly because Lord Bingham's approach in Ullah has been misunderstood. The article analyses these issues in relation to the notion of binding precedent, finding that judicial authority belongs to principles. The national courts ought not, though that is what the Ullah–Ambrose approach enjoins, to expend their energies seeking to align the case before them with the least dissimilar of the reported cases. Rather they should stand back from the case law of the European Court, and apply the broad principles upon which the jurisprudence is founded.