Tag: dialogue
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Eoin Carolan: Suspended Declarations of Invalidity in Ireland?: The Story So Far
Last week saw the much-anticipated return before the Supreme Court of Ireland of the proceedings in NHV v. Minister for Justice and Equality. At the hearing on Thursday, the Court provided important clarification about a recent innovation in Irish remedial practice: its earlier endorsement of (something like) a suspended declaration of invalidity. Background At the…
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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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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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Natasha Simonsen:Government cannot use a ‘statutory back door’ to implement major changes to legal aid services, Divisional Court says
In a judgment released yesterday a Divisional Court unanimously struck down the government’s attempt to introduce a residence test for eligibility for legal aid, finding it incompatible with the objective of the Legal Aid, Sentencing and Punishment of Offenders Act (‘LASPO’). The ratio of the judgment was that the residence test had been introduced via…
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Comment on India: Chintan Chandrachud: Dance Bars, Dialogue, and the Indian Supreme Court
An interesting constitutional narrative, involving the government of the Indian state of Maharashtra and India’s Supreme Court, is developing. In 2005, the state legislature enacted primary legislation imposing a ban on dance performances in bars, except in certain establishments such as hotels rated three-stars and above. The rationale provided for the ban was that many…
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David Mead: Talking about dialogue
There was much talk in the early days of the Human Rights Act 1998– and indeed more recently too – by commentators such as Francesca Klug, Richard Clayton QC, Tom Hickman and Aileen Kavanagh of whether the structure in section 3 and section 4 would facilitate what has become known as ‘dialogue’. This summer’s issue…