Conservative leader Kemi Badenoch is launching a major legal review that could see the UK withdraw from the European Convention on Human Rights (ECHR) and other international and domestic agreements that she claims restrict government decision-making—particularly on immigration and deportation.
The review will be led by Lord Wolfson of Tredegar, a Conservative peer and former justice minister. The commission is expected to report its findings by autumn, ahead of the Conservative Party’s annual conference.
This marks a significant shift in the party’s approach to legal reform, amid growing internal pressure and voter migration to Reform UK.
Key Agreements Under Review
The review will examine the UK’s continued membership in:
- The European Convention on Human Rights (ECHR)
- The 1951 Refugee Convention
It will also explore whether current domestic legislation—including the Human Rights Act, the Equality Act, and the Climate Change Act—limits the ability of elected governments to act in the public interest.
Rising Tensions Over Immigration and Deportation
The ECHR, signed by 46 countries and a cornerstone of European human rights law since 1950, has been a legal barrier in several UK deportation cases. It was recently cited in a high-profile case where a Palestinian family was granted the right to stay in the UK via a humanitarian scheme originally designed for Ukrainians.
Ministers argue that legal constraints under the ECHR—particularly Article 8, the right to a family life—undermine Parliament’s control over immigration.
In a White Paper on illegal immigration published last month, the government stated its intention to pass new legislation to ensure that “Parliament is able to control our borders and decide who can remain in the UK.”
Badenoch’s Shift in Stance
During the 2024 Conservative leadership race, Badenoch acknowledged that leaving the ECHR was not a “silver bullet” to solve immigration issues. However, she has since adopted a firmer position, saying in February that the UK would “probably have to leave” the treaty if it continued to block government action in the national interest.
Her leadership rival, Robert Jenrick, now Shadow Justice Secretary, warned that the Conservative Party would “die” unless it cut ties with the ECHR—highlighting how deeply the issue divides senior figures.
Lawfare, Gridlock, and Party Survival
Senior Conservatives have raised alarms about a growing culture of “lawfare”—using legal challenges to block policy decisions. They argue this contributes to government stasis and erodes voter confidence.
The Wolfson review will assess whether the current legal landscape allows sufficient flexibility for elected governments to act swiftly and decisively.
A former Conservative cabinet minister told reporters:
“It is a make-or-break summer. We’re a resilient brand, but we have to stay alive—and that’s far from certain right now.”
Political Context: Crashing Polls and Reform UK Pressure
The review comes just over a month after a devastating local election performance, where the Conservatives saw support plummet. Opinion polls now place the party in the mid to low teens, with Reform UK posing a serious threat to its base.
The Conservatives secured only 24% of the vote in last year’s general election, their worst performance in history, raising existential concerns about the party’s future.
Badenoch is expected to outline the full details of the commission in a major policy speech on Friday.
