Tag: declarations of incompatibility
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Byron Karemba: Brexit, the Reference Jurisdiction of the UKSC and the New Separation of Powers
When the UKSC was created, there was great emphasis by the architects of the Court that it would largely assume the same constitutional position and functions as the Appellate Committee of the House of Lords. For example, in the course of shepherding the Constitutional Reform Act through Parliament, Lord Falconer insisted that: As to whether…
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![Shona Wilson Stark: In Re Northern Ireland Human Rights Commission’s Application for Judicial Review [2018] UKSC 27: A Declaration in All but Name?](https://ukconstitutionallaw.org/wp-content/uploads/2018/06/shona-wilson-stark.jpg)
Shona Wilson Stark: In Re Northern Ireland Human Rights Commission’s Application for Judicial Review [2018] UKSC 27: A Declaration in All but Name?
All eyes were on the UK Supreme Court (UKSC) last week as it gave judgment in In Re Northern Ireland Human Rights Commission’s Application for Judicial Review [2018] UKSC 27, the case challenging the European Convention on Human Rights (ECHR) compatibility of Northern Ireland’s abortion legislation. Such a case is always bound to be headline-grabbing…
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Andrew Geddis: “Declarations of Inconsistency” under the New Zealand Bill of Rights Act 1990
As in the United Kingdom, the question of whether prisoners should be permitted to vote has generated considerable constitutional interest for New Zealand. Largely that is due to the efforts of a long term prisoner and “jailhouse lawyer”, Arthur Taylor, who has mounted something of a one-man campaign against 2010 legislation that stripped the right to vote…
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Luke McDonagh: What Future for the Rule of Law and Human Rights in the New Populist Environment?
Introductions When I teach UK constitutional law to my students we often discuss the relationship between UK parliamentary sovereignty and the rule of law, and the tensions that inevitably occur in a liberal democratic society between the ruling executive/legislature and the judiciary. One thing that is readily apparent is that these tensions – which have…
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Alison Young: Towards an Expository Justice Approach to Human Rights Adudication?
The recent Supreme Court Case of R (Johnson) v Secretary of State for the Home Department, [2016] UKSC 56, appears at first glance to be a straightforward human rights claim. Lady Hale, giving the agreed judgment of the court, concluded that Johnson’s Convention rights had been breached. Because of the specific nature of the challenge brought by…
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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…