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Title: Analysing the Prisoner Voting Saga and the British Challenge to Strasbourg
Authors: Bates, Ed P.
First Published: 23-Jul-2014
Publisher: Oxford University Press
Citation: Human Rights Law Review, 2014, 14 (3), pp. 503-540 (37)
Abstract: This article examines the development of the prisoner voting saga concerning the UK and Strasbourg, setting it in the context of the strained relationship existing between the former and the latter in recent years. It examines and offers a critique of the relevant Strasbourg jurisprudence, commencing with the Grand Chamber judgment in Hirst v United Kingdom No 2. It discusses the ‘brinkmanship’ that ensued between Strasbourg and the UK as regards the enforcement of that judgment, and how Strasbourg responded via a further Grand Chamber judgment (Scoppola v Italy No 3). The reaction to that judgment is contextualised by a detailed examination of why the relationship between the UK and Strasbourg has been a difficult one recently, at least from the former’s perspective. These issues are then reflected upon in a final section.
DOI Link: 10.1093/hrlr/ngu024
ISSN: 1461-7781
eISSN: 1744-1021
Version: Post-print
Status: Peer-reviewed
Type: Journal Article
Rights: Copyright © The Author [2014]. Published by Oxford University Press. All rights reserved. For Permissions, please email: This is a pre-copyedited, author-produced PDF of an article accepted for publication in Human Rights Law Review following peer review. The version of record Human Rights Law Review (2014) 14 (3): 503-540. is available online at:
Description: The file associated with this record is under a 24-month embargo from publication in accordance with the publisher's self-archiving policy, available at The full text may be available in the publisher links provided above.
Appears in Collections:Published Articles, School of Law

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HRLR Bates Prisoner voting April 2014.docPost-review (final submitted)358.5 kBMicrosoft WordView/Open
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