|Striding Edge, Helvellyn|
There is much in Lord Judge's comments to take issue with but his views will undoubtedly lend succour to those in the present coalition government who harbour an intense dislike of the European Court of Human Rights. After all, it acts as a brake on the massive power that the doctrine of Parliamentary Supremacy (or Sovereignty) confers, in practice, on the executive branch of government. The latest views of the Secretary of State for Justice and Lord Chancellor are covered by an article in The Guardian 30th December - Grayling says European Court of Human Rights has lost legitimacy. Some serving judges have also been critical of the European Court of Human Rights. The recent views of Lord Sumption and Lord Justice Laws were considered here and here (respectively).
There is some counterbalance in the views of Lady Hale and Lord Mance - considered here and see here (pdf). Lord Mance points out that Parliamentary Sovereignty is unconstrained by any written constitution or document containing fundamental rights. He highlights some of the changes to law brought about since the Human Rights Act 1998: