The newest issue of the Human Rights Law Review (vol. 12, issue 1, March 2012) is out now and includes a number of ECHR-related articles. First, the article ‘Argentoratum Locutum: Is Strasbourg or the Supreme Court Supreme?’ by Baroness Brenda Hale, justice of the Supreme Court of the United Kingdom. This is the abstract:
This article takes its title from Lord Rodger’s oft cited dictum in Secretary of State for the Home Department v AF (No 3): ‘Argentoratum locutum: iudicium finitum – Strasbourg has spoken, the case is closed’. The article focuses upon the following two questions: What should be the approach of the Supreme Court of the United Kingdom to interpretations of the European Convention on Human Rights by the Strasbourg Court and what should be the approach of the Strasbourg Court to the decisions of the highest courts in member states? On the first question, the ‘mirror’ approach and criticisms of it are considered and examples are given of the Supreme Court following its own, rather than a pan-European, approach. On the second question, the view of the new president of the Strasbourg Court is welcomed.
Furthermore two shorter articles:
* Petr Muzny, ‘Bayatyan v Armenia: The Grand Chamber Renders a Grand Judgment’
* Christopher Michaelsen, ‘From Strasbourg, with Love’—Preventive Detention before the German Federal Constitutional Court and the European Court of Human Rights’
