Mr Raab’s planned “mechanism” is aimed at giving the UK Government the power to introduce ad hoc legislation to “correct” court judgments that ministers believe are “incorrect”. However, there is a fear this could endanger the separation of the judiciary from the executive, which is one of the hallmarks of democracy. Speaking to the Daily Telegraph Mr Raab said: “We want the Supreme Court to have the last word on interpreting the laws of the land, not the Strasbourg court.
“We also want to protect and preserve the prerogatives of Parliament from being whittled away by judicial legislation, abroad or indeed at home.”
The Government’s Justice Secretary suggested he would overhaul the Human Rights Act to stop the EU from interfering in British judicial procedures.
He said he was devising ways to curtail the ECJ’s influence in the UK.
Mr Raab added: “If you read the negotiating history to the European Convention, it was never supposed to have an extraterritorial effect.
“I think that’s wrong, that any court is effectively through judicial legislation, creating new law rather than just applying it.
“So I think we will want to have a look at that.”
Mr Raab suggested the Government could introduce legislation to “correct” EU court judgments that affect legal rulings within the UK.
In an interview with the Daily Telegraph, he stated that these plans would mean the police and health service could not be “dictated to” by judges in Strasbourg.
He also warned that foreign criminals’ use of the Act’s “right to family life” remained a “serious issue” that he intended to address.
The former Foreign Secretary added that there are “somewhere between 100 and 200 cases a year whereby foreign national offenders are frustrating deportation orders.”
Mr Raab first announced he would attempt an “overhaul” of the Human Rights Act at the Conservatives’ annual conference.
He has also warned that judicial reviews within the UK were being used to “harpoon” major infrastructure projects.