Abstract
In Kennedy v The Charity Commission the Supreme Court stated that, in any dispute involving human rights, the natural starting point is UK domestic law, both common law and statutes, and not the law of the European Convention of Human Rights. The main question I seek to answer in this paper is: Why does it matter whether human rights cases are decided under English domestic law or under the HRA? Drawing on the history of rights protection in France and in the common law, I consider this question in two parts: why does it matter to lawyers? And why does it matter to everyone, lawyers and non-lawyers alike? (This paper was delivered as the Jan Grodecki Lecture at the University of Leicester on 23 October 2014).
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