Seanad debates

Wednesday, 18 June 2003

European Convention on Human Rights Bill 2001: Second Stage.

 

In the final analysis the Government decided on an interpretative approach which is similar to that adopted in the United Kingdom, but it is done for entirely different reasons and not out of slavish imitation. In the United Kingdom the argument offered for the interpretative approach was largely to do with parliamentary sovereignty. In this State, given that it is a constitutional Republic, we have adopted the approach we have because of our doctrine of constitutional sovereignty and the supremacy of the will of the people. I should say it is a happy coincidence that for two entirely different sets of reasons these two jurisdictions, which have a shared role in the human rights perspective as it affects both parts of this island, have arrived at broadly similar conclusions as to how the common law system, which is different from the civil law system, can be fully harmonised with the European Convention of Human Rights. That is why we have done this the way we have.

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