Strategic admissibility decisions in the European court of human rights

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Abstract

The current relationship between UK and Strasbourg is politically fraught, which presents inevitable challenges for both jurisdictions. This article will analyse how the Strasbourg Court has responded to these challenges when dealing with applications against the UK, particularly when an application is brought following determination by the UK Supreme Court. It will be argued that there is some evidence that the Strasbourg Court has recently been using the admissibility stage as a novel site for effecting strategic behaviour, in order to moderate and influence UK-Strasbourg relations. The effect of this recent inclination, and some possible justifications for it, will then be set out.

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APA

Graham, L. (2019). Strategic admissibility decisions in the European court of human rights. International and Comparative Law Quarterly. Cambridge University Press. https://doi.org/10.1017/S0020589319000460

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