Tag: Bill of Rights
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Saba Shakil: Bridging the gap between remedial reform and judicial practice: A study of challenges to delegated legislation
The resurrected Bill of Rights Bill (BoRB) shows that the government is continuing to grasp at the wrong end of the remedies stick – and it will continue to do so until it pays attention to the evidence. In its 2019 Manifesto, the government made a lofty commitment to restructuring the fundamental relationship between the three…
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Jane Rooney: The Extraterritorial Application of the Human Rights Act: Overseas Military Operations and Beyond
*Editors’ note: this post is part of a series on ‘The Human Rights Act After 22 Years’, following the SLS Annual Seminar held in November 2022. You can read the first post in the series here.* With the reinstatement of Dominic Raab as Secretary of State for Justice, the Bill of Rights Bill, currently before Parliament, is once again a possibility only…
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Shona Wilson Stark: Section 4 of the Human Rights Act 1998: Still Standing, or Standing Still?
*Editors’ note: this post is part of a series on ‘The Human Rights Act After 22 Years’, following the SLS Annual Seminar held in November 2022. You can read the first post in the series here.* In previous work, I have criticised the courts’ apparent confusion and/or uneasiness with the making of declarations of incompatibility under section 4 of…
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Richard Clayton QC: The Government’s New Proposals for the Human Rights Act Part 3: An Assessment
This post completes my analysis of the Government’s Proposals for reform of the Human Rights Act 1998, following Part 1 (outlining the proposals) and Part 2 (analysing the interaction with the common law, the UK Supreme Court, and the intention to sharpen the focus on fundamental rights). This post considers three final themes of the…
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Richard Clayton QC: The Government’s New Proposals for the Human Rights Act Part 2: An Assessment
The Government explains its Proposals in its Human Rights Act Reform: A Modern Bill Of Rights: A consultation to reform the Human Rights Act 1998 (CP 588), which represent a radical departure from the HRA. The specific Proposals are developed in the context of broader themes: respecting our common law traditions and strengthening the role…
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Anne Smith and Monica McWilliams: Now Is the Time to Re-open the Debate about Progressing the Northern Ireland Bill of Rights
Following the results of the Brexit referendum in the UK and the Conservative’s plans both to replace the Human Rights Act with a British Bill of Rights and to withdraw from the European Convention on Human Rights, this is an opportunity to re-open the debate on how best to address the current political stalemate on…
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Conor Gearty: The Human Rights Act Should Not Be Repealed
There is no reason to repeal the Human Rights Act and the government’s manifesto commitment to do so should be dropped. The objections to it are misconceived, the arguments against it being based either on inaccurate understandings of what it says or error-strewn assertions about the nature of its impact. The political motive for attacking…
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Mark Elliott and Stephen Tierney: The House of Lords Constitution Committee Report on ‘The Union and Devolution’
The House of Lords Constitution Committee today publishes its report on ‘The Union and devolution’. This post draws attention to some of its main findings. The Constitution Committee’s report on ‘The Union and devolution’, published today, declares the Union to be “under threat”, and recommends that the United Kingdom Government “needs fundamentally to reassess how…
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Pavlos Eleftheriadis: The EU Protects Liberty, but a British Bill of Rights Would Endanger It
Cross-posted from The Conversation. As David Cameron tiptoes towards a referendum which will decide the UK’s future role in Europe, any innovation that could placate eurosceptic sections of the electorate might prove useful. That is maybe why an article by a fellow academic has gained political currency by pushing forward again the argument that Britain…
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HRA Watch: Reform, Repeal, Replace? Sarah Lambrecht: Criticism of the European Court of Human Rights: A UK Phenomenon?
Editors’ note: The blog invited constitutional lawyers to comment on the UK Government’s proposal to repeal and replace the Human Rights Act. We end this series with a post by Sarah Lambrecht, law clerk at the Belgian Constitutional Court and a PhD Fellow at the University of Antwerp. You can read the other contributions in…