Tag Archives: Human Rights Act Reform
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
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
Colin Harvey: Engaging With Human Rights in a Disunited Kingdom
The world is saturated with the normative discourse of rights. Rights-talk is to be found almost everywhere; in sugary political speeches, in legal texts, and in the pleas of those experiencing abuse and those advocating on their behalf. Complex societies … Continue reading
Filed under Constitutional reform, Human rights
Colin Harvey: Where now for the Northern Ireland Bill of Rights Process?
The Northern Ireland Human Rights Commission (NIHRC) submitted its advice on a Bill of Rights on 10th December 2008 (I should declare that I served as a human rights commissioner during this time). The Northern Ireland Office (NIO) issued a … Continue reading
Filed under Human rights, Northern Ireland
THES: The Bill of Rights Commission
Readers might be interested to know that Colin Harvey and Colm O’Cinneide have published a short opinion piece in the Times Higher Education Supplement on the recently established Bill of Rights Commission. It is available at: http://www.timeshighereducation.co.uk/story.asp?sectioncode=26&storycode=416649&c=1
Filed under Human rights
Roger Masterman: How ‘British’ would a ‘British’ Bill of Rights be?
The perception that the protections afforded by domestic courts under the Human Rights Act 1998 (HRA) should replicate the rights enforced by the European Court of Human Rights at Strasbourg has been a leitmotif of judicial reasoning in rights cases … Continue reading
Filed under Constitutional reform, Human rights, UK Parliament
Colm O’Cinneide: In Defence of the Strasbourg Court
The European Court of Human Rights and the influence that its judgments exert over UK law have recently come under sustained attack. The Court’s critics include Lord Hoffmann, the think-tanks Policy Exchange and Civitas, an assortment of Tory and Labour … Continue reading
Filed under Human rights, Judiciary
Christopher McCrudden: Duties beyond borders: the external effects of our constitutional debates.
How far, if at all, should we take into account the effects of our internal constitutional debates on those outside the boundaries of the state? I’ve been thinking about this after taking part in two particularly interesting conferences in the … Continue reading
Filed under Constitutional reform, Human rights, Judiciary, UK Parliament
Graham Gee: Rights, Independence of Mind and Conservatives
In a recent post, Liora Lazarus voices serious concerns about the composition of the UK Bill of Rights Commission. That the Commission (convened under the auspices of the MoJ) lacks diversity is indeed a cause for concern, and Dr Lazarus … Continue reading
Filed under Constitutional reform, Human rights
Nick Barber: A Good Word For the Bill of Rights Commission
Liora’s powerful critique of the composition of the Bill of Rights Commission has drawn a number of comments. All of them are supportive; indeed, the only hint of dissent is that she may not have gone far enough. I have … Continue reading
Filed under Constitutional reform, Human rights