Replacing ECHR jurisprudence with comparative law is a Ministry of Justice exercise in legal fiction, writes Dr Dimitrios Giannoulopoulos
Following the leak of a 'blueprint' for the replacement of the Human Rights Act with a British Bill of Rights, The Sunday Times reported earlier this month that, under the new system, judges would not have to follow rulings of the European Court of Human Rights (ECtHR) 'slavishly' any longer.
Instead, they will be able to rely on the common law or rulings by courts in other Commonwealth countries, such as Australia and Canada, when making their judgments. The argument may sound plausible to the uninitiated - the anti-European voter may readily accept it - but, from a legal perspective, it is plainly flawed.
The proposals reveal grave misc...