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The Brexit withdrawal agreement may violate the European Convention on Human Rights

Departure from Europe throws up yet another fundamental constitutional question

By George Peretz  

The European Court of Human Rights. Photo: Rainer Jensen/DPA/PA Images

Article 3 of the First Protocol to the European Convention on Human Rights (ECHR) proclaims that “The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.” In other words, it proclaims the most fundamental aspect of any representative democracy—the right to vote for those who make your laws.

In 1994, Denise Matthews—a UK national…

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