Tag Archives: Human Rights Act
Roger Masterman: ‘I like Parliament, and I like courts. Which is best? There is only one way to find out … FIGHT!’
The debate over which institution of government possesses ultimate constitutional authority for determining questions of human rights is – of course – a hugely important question to be confronted by any constitutional system seeking to devise mechanisms promoting the protection … Continue reading
Filed under Human rights, Judiciary, UK Parliament
Hayley J. Hooper: ‘A Case without Precedent’: City of London v Samede and Others [2012] EWHC 34 (QB)
THE OCCUPY WALL STREET protest movement began on September 17, 2011 in the New York Financial District. Around the world, including in London, a number of similar protest groups using the ‘Occupy’ name sprang up in sympathy. Among the movement’s … Continue reading
Filed under 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
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
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
Christine Bell: Bills of Rights and Devolution: From the Universal to the Particular.
‘To produce one Bill of rights may be regarded as a misfortune. To produce eight, looks like carelessness’. This blog picks up on Nicholas Barber’s blog of September 11, 2011. There he sketched the complicated options for taking a human … Continue reading
Filed under Constitutional reform, Devolution, Human rights, Northern Ireland, Scotland, UK Parliament, Wales
Christopher McCrudden: Slavery and the constitutional role of judges
How far should judges “update” our legal concepts, or should they root their interpretation in the historical understanding of the concept, leaving updating to the legislature? In the United States, disputes between “strict constructionists” who seek to base the meaning … Continue reading
Filed under Human rights, International law, UK Parliament
Helen Fenwick: The Conservative anti-ECHR stance and a British Bill of Rights: rhetoric and reality.
Conservative policy on the Human Rights Act: the role of the Bill of Rights’ Commission and the aim of handing back autonomy to the UK in human rights matters Deep dissatisfaction with the Human Rights Act (HRA) and a determination … Continue reading
Filed under Human rights, Judiciary
Grégoire Webber: Australia: Parliamentary review of Victoria’s Charter of Human Rights and Responsibilities
On 19 April 2011, the Scrutiny of Acts and Regulations Committee of the Parliament of Victoria was tasked with reviewing the first four years of the Charter of Human Rights and Responsibilities Act 2006. The joint committee of the Legislative … Continue reading
Filed under Comparative law, Human rights
Gavin Phillipson: Constitutional Principles and the Human Rights Act: Moving Beyond One-Way Street Approaches
I’ve been thinking recently about the relationship of the Human Rights Act with the existing principles of the UK constitution – themselves not always easy to pin down or agree upon of course. I realise that I’d unconsciously taken the … Continue reading
Filed under Human rights, Judicial review, Judiciary
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