Law Pod UK 215: Lord Sumption on the Strasbourg Court
Feb 24, 2025
In this engaging discussion, Lord Sumption, a former Supreme Court justice and author of 'The Challenges of Democracy,' shares his critical views on the European Court of Human Rights (ECHR). He argues that the ECHR often strays from democratic principles and discusses the controversial Living Instrument Doctrine. The conversation touches on the court's recent climate ruling and the tensions between judicial authority and democratic processes. Additionally, Lord Sumption examines the balance between political accountability and judicial independence, particularly in matters like immigration law.
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Living Instrument Creates New Rights
- The Strasbourg Court has emancipated itself from the Convention's text and invents rights by extrapolation.
- Lord Sumption warns this living instrument approach departs from normal treaty interpretation.
Article 6 Has Expanded Into Outcomes
- Article 6 evolved from a right of access to courts into rules about outcomes and remedies.
- Lord Sumption says it's absurd to treat losing at trial as a denial of access to justice.
Climate Ruling Overrules Democracy
- The KlimaSeniorin climate decision exemplifies mission creep and overruling of democratic choices.
- Lord Sumption argues that decision is anti‑democratic and imposes international standards domestically.
