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12 Denning L.J. 1 (1997)

handle is hein.journals/denlj12 and id is 1 raw text is: BRINGING HOME THE EUROPEAN CONVENTION ON HUMAN RIGHTS The Rt.Hon. The Lord Woolf* Early in its administration, the Government confirmed that Section 1 of the European Convention on Human Rights (Articles 2 to 12 and 14 to 18 and Protocol No 1 (Articles 1 to 3)) would be incorporated into domestic legislation. The Human Rights Bill, which will incorporate the Convention, is currently progressing through Parliament. This Bill will ensure that our courts apply the Convention rights in a way which reflects case law of the European Court of Human Rights at Strasbourg, enabling individuals to have access to rights here that at present they have to seek through the lengthy and expensive process of going to Strasbourg. The Convention rights will be available against public bodies only, and not against private bodies or individuals. The Human Rights Bill will bring the Convention home. Experience in other parts of the Commonwealth suggests that incorporation of the Convention will change dramatically the landscape of the legal scene in Britain. It is true that, over the last ten years or so, some of the principles the Convention encapsulates have been entering our !aw by a process of osmosis. Many of the concepts enshrined in the Convention have therefore been given effect. Although we were not previously aware of it, all along these principles have been part of the common law! They were, so to speak, not foreign intruders but English princesses sleeping peacefully, waiting for the kiss of a judicial prince to bring them in turn to life when deciding a case. However, the gradual process that has been taking place bears no relation to the impact which will result from making the Convention part of the law of this country. Incorporation will produce change on a scale which is perhaps without precedent. It will require the judiciary to adjust to a new situation. Even our becoming members of the European Community provides no true precedent. Lord Denning, my predecessor as Master of the Rolls and whose distinguished name this journal bears, described in a prophetic judgment the incoming tide * The Master of the Rolls.

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