The UK Supreme Court and Avenues of (European) Judicial Dialogue

At a time of intense political tensions vis-à-vis UK-ECHR and UK-EU relationships, receptivity to and tolerance of ECHR and EU law in the UK are hot political and legal issues.  With the prospect of significant constitutional developments being a likely result of the 2015 General Election, political and media negativity towards both the EU and ECHR is becoming increasingly mainstream.  Against that background - and for various reasons - the UK Supreme Court’s role and profile have become increasingly prominent.

Part of the Supreme Court’s institutional role involves the development of relationships with courts within Europe and further afield, a role it is developing with success.  Its case law, however, presents a complex picture, revealing both trends of embracing dialogue and restrained approaches to engagement with the ECtHR and CJEU.  Whilst the benefits and legitimizing potential of ‘constructive’ dialogue between the UK Supreme Court and ECtHR suggest a deepening relationship between the courts involved, such ‘constructive’ trends of dialogue are often far more subtle in the developing UKSC-CJEU relationship.  This paper evaluates the institutional role of the UK Supreme Court in its early years of operation, examining avenues for dialogue evident in its institutional and adjudicatory practice, with a particular focus on the EU/ECHR perspective.