Tag Archives: European Court of Human RIghts
Carol Harlow: Surveillance and the Superstate
For a society as devoted to secrets and privacy as the British are traditionally supposed to be, however, the law possesses surprisingly few protections for the communications of its citizens. True, phone hacking has become a criminal offence under the … Continue reading
Filed under European Union, Human rights
Mark Elliott: The Brighton Declaration: where now for the Human Rights Act and the Bill of Rights debate?
The Brighton Declaration, which emerged from last week’s High Level Conference on the Future of the European Court of Human Rights, has already attracted a substantial amount of comment—including by Noreen O’Meara on this Blog and Ed Bates on the … Continue reading
Filed under Constitutional reform, England, Human rights
Noreen O’Meara: Brighton rocked! Next steps for reforming the European Court of Human Rights
A blaze of controversy erupted over the disputed timing of Abu Qatada’s referral request to the Grand Chamber of the European Court of Human Rights this week. Whilst raising a juicy legal question for proceduralists (examined incisively here and here) … Continue reading
Filed under Constitutional reform, Human rights
Helen Fenwick: An appeasement approach in the European Court of Human Rights?
This piece asks whether, in the light of UK proposals for the reform of the ECtHR, and in the wake of the outcry in the UK over the Qatada decision (Othman v UK), the Court is taking an approach that … Continue reading
Filed under Constitutional reform, Human rights
David Mead: The Right To Protest Contained By Strasbourg: An Analysis of Austin v. UK & The Constitutional Pluralist Issues it Throws Up
The last few days have proved to be eventful for anyone interested in free speech and protest. First, Cambridge PhD student Owen Holland was rusticated for seven terms for reading out a poem that disrupted a speech being given by … Continue reading
Filed under Human rights
Christopher McCrudden: Comparing the European Court of Human Rights and the United States Supreme Court
An historic first formal meeting of the United States Supreme Court and the European Court of Human Rights took place on Thursday, March 1 in Washington DC, with participation from judges and administrators from both courts. Although most of the … Continue reading
Filed under Comparative law, Human rights
Mark Elliott: The draft Brighton Declaration, the Human Rights Act, and the Bill of Rights debate
As Noreen O’Meara has already posted, a draft of the Brighton Declaration concerning reform of the European Court of Human Rights (ECtHR) has leaked into the public domain. Of course, that draft may well turn out to be substantially different … Continue reading
Filed under Constitutional reform, Human rights
Noreen O’Meara: Reforming the European Court of Human Rights: The Draft Brighton Declaration
Efforts to reform the European Court of Human Rights are defining the UK’s chairmanship of the Council of Europe, a six-month term which comes “once in a generation”. With the docket and adjudicatory problems affecting the Strasbourg court well-known, the … Continue reading
Filed under Human rights, International law
Armin von Bogdandy, Matthias Kottmann, Carlino Antpöhler, Johanna Dickschen, Simon Hentrei and Maja Smrkolj: A Rescue Package for EU Fundamental Rights – Illustrated with Reference to the Example of Media Freedom
Fundamental rights protection, once a side show, has become important for the EU, as proved by the newfound treaty recognition of the EU fundamental rights charter (CFREU), and the upcoming accession to the European Convention on Human Rights (ECHR). At … Continue reading
Filed under Comparative law, European Union, Human rights
Alison L. Young: Whose Convention Rights are they anyway?
It is probably an under-statement to say that the Human Rights Act 1998 is not Teresa May’s favourite statute. The decision to grant bail to Abu Qatada, following on from the decision of the European Court of Human Rights that … Continue reading
Filed under Human rights, Judiciary
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