R (Hicks) v Commissioner of Police for the Metropolis [2017] UKSC 9: Dissent as a bridge between legal orders?

In R (Hicks) v Commissioner of Police for the Metropolis [2017] UKSC 9, the UK Supreme Court adopted the interpretation of Article 5 ECHR found in the dissenting opinions of the European Court of Human Rights decision Ostendorf v Germany (2013) 34 BHRC 738, rather than the established one offered by the majority in that case. In this paper I seek to explore what this decision reveals about the utility of dissenting judgments, and separate opinions more generally, in building a transnational legal order that seeks to balance national preferences with its own autonomous values.