A. W. BRAIN SIMPSON
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199267897
- eISBN:
- 9780191714115
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199267897.003.0014
- Subject:
- Law, Human Rights and Immigration, EU Law
This chapter describes the conclusion of the negotiations which produced the text of the European Convention, signed on 4 November 1950 in Rome. The final text reflected a number of compromises, most ...
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This chapter describes the conclusion of the negotiations which produced the text of the European Convention, signed on 4 November 1950 in Rome. The final text reflected a number of compromises, most importantly between those who wanted a system of juridical protection, based ultimately on binding decisions from a court of human rights, and a right of individual petition, those who, like the UK, were not prepared to accept the loss of sovereignty which this would involve. Hence, acceptance of the court and right of individual petition was made optional. The chapter also describes the somewhat belated opposition to the acceptance of the convention led by Lord Chancellor Jowitt, and the steps whereby in spite of his opposition, and unease from other members of the British cabinet, the text, with its compromises, was accepted by the UK.Less
This chapter describes the conclusion of the negotiations which produced the text of the European Convention, signed on 4 November 1950 in Rome. The final text reflected a number of compromises, most importantly between those who wanted a system of juridical protection, based ultimately on binding decisions from a court of human rights, and a right of individual petition, those who, like the UK, were not prepared to accept the loss of sovereignty which this would involve. Hence, acceptance of the court and right of individual petition was made optional. The chapter also describes the somewhat belated opposition to the acceptance of the convention led by Lord Chancellor Jowitt, and the steps whereby in spite of his opposition, and unease from other members of the British cabinet, the text, with its compromises, was accepted by the UK.
