Article 8 ECHR, Family Reunification and the UK's Supreme Court: Family Matters?

Courts must balance immigration control with the protection of family life in human rights cases, as demonstrated by 11 UK Supreme Court decisions analyzed in this book. While the European Court of Human Rights jurisprudence has evolved, it often gives little weight to claims by citizens and residents to be joined by family when immigration status is an issue. The book explores the way in which these problems were reflected in the changing language, argumentation, and structure of judgments, and suggests a more generous reading of Article 8 would be legally coherent but requires wider societal support to be realized.

Format: Hardback
Length: 272 pages
Publication date: 09 February 2023
Publisher: Bloomsbury Publishing PLC

This book delves into the intricate interplay between protecting family life and immigration control in the realm of human rights cases. Through a comprehensive analysis of 11 UK Supreme Court decisions on immigration and family life, primarily focusing on Article 8 of the European Convention on Human Rights (ECHR), the right to respect for family life, the book seeks to unravel the complexities and challenges faced by courts in this domain.

The analysis is contextualized within a national framework that encompasses the Human Rights Act 1998 and ongoing debates surrounding immigration. It sheds light on how the jurisprudence of the European Court of Human Rights (ECHR) has evolved in recent years, particularly in cases involving children. However, the book highlights that, even in the absence of children, the ECHR often affords limited weight to claims by citizens and residents seeking to be joined by their family when immigration status is at stake. This reflects governments' resistance to encroachment on their control over borders.

The Supreme Court decisions underscore the complexities and challenges inherent in articulating and sustaining a nuanced position in domestic law regarding the intersection of family life and immigration control. The book explores how these issues manifested in the changing language, reasoning, and structure of judgments, revealing judges as strategic actors who draw upon personal and institutional values to navigate the evolving political landscape.

A more generous interpretation of Article 8 would be legally coherent but requires broader societal support to become a reality. The book concludes with a discussion of how, with such support, the jurisprudence could give greater weight to the needs of families. It serves as a vital resource for anyone interested in families and immigration, as well as in the complexities and potential of human rights adjudication.

Dimension: 234 x 156 (mm)
ISBN-13: 9781509902576