Category: European Convention on Human Rights
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Bernard Keenan and Ewan Smith: Proscription, Proportion and Palestine Action – Part 2
Introduction Part 1 of this post explained the central problem in the Ammori litigation. We summarized why the Divisional Court ([2026] EWHC 292 (Admin) thought the Home Secretary’s decision to proscribe Palestine Action was unlawful, and why the Court of Appeal ([2026] EWCA Civ 721)) reversed that decision. We also highlighted how each court approached…
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Chris Rowe: Requalifying Article 8: The Immigration and Asylum Bill
The Immigration and Asylum Bill is the government’s third attempt to directly change how judges interpret and apply Article 8. Below I assess the likely impact of the proposed changes in the context of the previous reform efforts in 2012 and in particular 2014. I argue that (a) as previously the Bill does not require the courts to decide Article…
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![Crash Krylova: Trans People in Prison: For Women Scotland v Scottish Ministers [2026] CSOH 59](https://ukconstitutionallaw.org/wp-content/uploads/2025/05/crash_wigley.jpg)
Crash Krylova: Trans People in Prison: For Women Scotland v Scottish Ministers [2026] CSOH 59
Introduction On 19 June 2026, the Outer House of the Court of Session handed down judgment in the case of For Women Scotland v Scottish Ministers [2026] CSOH 59 (“For Women Scotland 3”). This piece is intended as a critique of that judgment, exploring the relevance of the Equality Act 2010 and the Schedule 22(1)…
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Chris Rowe: Human rights as ceiling: the government’s asylum reform proposals
When the government announces a ‘crackdown’ or some new tough policy on immigration or asylum, it is important to recognise that what this means (at most) is that migrants will be treated in accordance with the new policy unless their Convention rights require that they are treated otherwise; at most, since often when the policy…
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Kirsty Hughes: The Implications of the Court of Appeal’s Judgment on ‘Family Life’ for the Government’s Immigration Proposals
On 27 November 2025 the Court of Appeal handed down its judgment in IA v SHHD [2025] EWCA Civ 1516 clarifying the correct test to be used when determining whether there is ‘family life’ in immigration cases. The Court of Appeal followed the consistent line of case law from the European Court of Human Rights…
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Alexander Baxter: Common Law Post-ECHR: What Lord Briggs’ Anniversary Lecture Tells Us
Introduction At the 25th Anniversary Conference of the Human Rights Act, Lord Briggs of Westbourne delivered a lecture that quietly advanced a vision of what a post-HRA constitutional framework might look like. Delivered at a moment when political discussion of withdrawal from the European Convention on Human Rights has gained real momentum, the speech did…
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Veronika Fikfak: ECHR Reform: A Danger of Contagion in Relation to Article 3
On Wednesday 10 December, which is also Human Rights Day, Ministers of Justice of the Council of Europe will meet in Strasbourg to discuss how the European Convention of Human Rights (ECHR) should be reformed. A group of states will lead the drafting efforts, with a new interpretative declaration expected to be ready by May…
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Alan Greene: Bringing facts to a vibes fight: Kayfabe and debates on the UK and the ECHR
It is now 25 years since the Human Rights Act 1998 (HRA) entered into force and far from this endurance cementing its legitimacy, the judicial protection of human rights in the UK finds itself in the perennial political spotlight. The European Court of Human Rights (ECtHR) is also never far from the headlines, not least…