Tag: Conservative Party Constitutional Reform Policies
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Helen Fenwick: The Conservative stance in the 2015 election on the UK’s relationship with the Strasbourg Court and its jurisprudence – bluff, exit strategy or compromise on both sides? (Part II)
This is the second in a two-part contribution. Part I is available here. Moves towards repairing relations with the Conservative government by the Strasbourg Court? I have argued elsewhere (on this blog) that the Court has recently adopted an ‘appeasement’ approach towards the UK government. Various judgments could be categorised as reflecting a dialogic approach…
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Helen Fenwick: The Conservative stance in the 2015 election on the UK’s relationship with the Strasbourg Court and its jurisprudence – bluff, exit strategy or compromise on both sides? (Part I)
This is the first in a two-part contribution. Part II is available here. Introduction – manifesto watching The Conservative party is going into the 2015 General Election with a pledge to distance Britain from the Strasbourg Court (see here), which it’s expected will presumably appear in its manifesto. To that end it intends to repeal…
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Alison Young: HRA Howlers: The Conservative Party and Reform of the Human Rights Act 1998
It seems that a day cannot go by without another mention by the Conservative party of their desire to repeal the Human Rights Act 1998, withdraw from the European Convention of Human Rights, or find a way in which the decisions of the European Court of Human Rights can be ‘advisory’ as opposed to ‘legally…
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David Harris, Michael O’Boyle, Ed Bates and Carla Buckley: UK withdrawal from the Convention? A broader view.
In the following blog the authors of the third edition of a leading text on the Law of the ECHR (Harris, O’Boyle and Warbrick, The Law of the European Convention on Human Rights, David Harris, Michael O’Boyle, Ed Bates and Carla Buckley, OUP, 2014) look back to the circumstances surrounding the publication of the first…
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Mark Elliott: Human rights reform and the role of the Strasbourg Court
I wrote last week about the dismissal of Dominic Grieve as Attorney-General and subsequent indications as to the likely direction of Conservative Party policy in relation to human rights. As noted in the latter post, the plan—such as it is at present—appears to countenance the possibility of the UK’s departure from the European Convention on…
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Roger Masterman: A Tale of Competing Supremacies
In a recent interview in The Spectator, Lord Chancellor and Secretary of State for Justice, Chris Grayling MP, was given another opportunity to recite the now characteristic Tory Siren call relating to the European Convention on Human Rights and the Strasbourg court. In the piece, Grayling bemoans the “utterly unacceptable” and “almost unlimited” ability of…
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Helen Fenwick: Article 8 ECHR, the ‘Feminist Article’, Women and a Conservative Bill of Rights
There has been a lot of commentary on the Report of the Bill of Rights’ Commission, and the ‘damp squib’ analysis of the Report (see Mark Elliott) as a whole is one most commentators appear to assent to (see eg Joshua Rozenberg for the Guardian here). My view in general is that the squib could…