This question was addressed in a panel discussion on Monday at UCL Laws, in an event that celebrated the publication of Lady Justice Arden’s new book Human Rights and European Law, published by Oxford University Press.
The discussion was chaired by Dean of the Faculty, Professor Dame Hazel Genn, and introduced by the author, Lady Justice Arden. Leading the discussion was President Dean Spielmann of the European Court of Human Rights. President Spielmann, who is also an Honorary Professor at UCL Laws, offered the Strasbourg view on the issues raised by the book, which includes an insider account of EU Law and the European Court of Human Rights on domestic law in the UK.
President Spielmann emphasised the importance of judicial dialogue between national and supranational courts, and the importance of respect for democracies, but also suggested that sometimes the essence of human rights is to trump decisions that have been made democratically.
Joining the discussion were UCL Laws academics, Dr Kimberley Trapp, Dr Virginia Mantouvalou and Professor George Letsas, who each focused on the main themes of Human Rights and European Law.
Dr Trapp explored terrorism and national security in judicial decision-making, while Dr Mantouvalou discussed the protection of undocumented migrant workers in relation to European and English law.
Concluding the event, Professor Letsas addressed the role of judicial dialogue and the margin of appreciation in Strasbourg case law. The event was followed by lively open discussion with members of the senior judiciary, academia and legal practice.