Tag: ECHR
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Adam Tomkins: On ABJ: Proscribed Organisations, Proportionality, and Freedom of Speech
In R v ABJ [2026] UKSC 8 a unanimous Supreme Court ruled that the offence of expressing support for a proscribed organisation, as defined in the Terrorism Act 2000, is not a disproportionate interference with the right to freedom of expression under the European Convention on Human Rights. The Court’s verdict was no surprise: the…
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Tom Mullen and Charlie Peevers: A Legal Black Hole in UK Waters? The Case of the MV Bella 1
The Facts On 7 January, United States military forces, supported by British forces, intercepted the oil tanker originally known as the Bella 1, then renamed the Marinera, in the Atlantic Ocean south of Iceland. The ship was sailed towards the UK, arrived in the Moray Firth on 13 January and anchored there in UK territorial…
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Richard Brant and Lauren Butler: Reform UK’s Plans for “Getting Tough on Illegal Immigration”: From Legal Reset to Sunset
On 26 August 2025 Nigel Farage (Leader of Reform UK) and Zia Yusuf (now Head of Policy at Reform UK) unveiled their plan titled, ‘Operation Restoring Justice’. Key points from the plan were also reiterated at the Next Step Conference on 05 September 2025. Reform UK address the topic of immigration in their plan, adding…
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Philip Murray: Looking down the slippery slope: Can assisted suicide be restricted to the terminally ill?
Kim Leadbeater has recently introduced a Private Member’s Bill in the House of Commons which seeks to legalise assisted suicide for the terminally ill. Despite its second reading being scheduled for 29 November, the text of the Bill is, somewhat remarkably given its significance, still to be published. Yet the outline of Leadbeater’s proposals has…
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Eliza Bechtold: Recent Efforts to Regulate Expression by Conservatives in the UK and the US Highlight a Shift Toward Illiberalism
Conservative politicians in the UK and the US are making headlines for regulatory efforts targeting core free speech principles under the guise of protecting members of the public from harm. Four days prior to the coronation of King Charles III – a coincidence according to the UK government – the controversial Public Order Act 2023 (POA 2023), introduced by former…
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Conall Mallory: Beyond Fantasy Island: The British solution to the extraterritorial conundrum
Addressing the extraterritorial application of the ECHR has emerged as one of the priorities in the UK Government’s pursuit of ‘updating’ human rights law. In recent months, the outline of an ostensible solution to the challenge posed by extraterritorial obligations has taken shape. In December, Justice Secretary Dominic Raab stated the issue was one the Government…
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Lewis Graham: Going beyond, and going against, the Strasbourg Court
Section 2 of the Human Rights Act (HRA) requires that domestic courts “take into account” relevant Strasbourg case law when dealing with substantive claims under that Act. The classic authority on the application of this provision remains – for now – that of Lord Bingham: courts should “keep pace with the Strasbourg jurisprudence as it evolves over time:…
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Daniella Lock: The Shamima Begum Case: Difficulties with ‘democratic accountability’ as a justification for judicial deference in the national security context
No doubt much will be written on the Supreme Court’s Shamima Begum ruling handed down on 26 February. The ruling has a number of notable features. In particular, a high level of deference was afforded to the executive which seems to contrast with the Supreme Court’s approach in high profile constitutional cases of recent years…
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James Bevan: Anti-HRA Rhetoric and the Conservative Party 2019 Manifesto: Are the Proposals for a British Bill of Rights and Repeal of the Human Rights Act “Dead in the Water”?
The ECHR was incorporated into UK domestic law through the Human Rights Act 1998 (HRA), which came into effect in October 2000 and has been hailed as a “constitutional statute” enjoying limited protection from implied repeal which this status brings (see Thoburn v Sunderland City Council). It has been further referred to as a “higher…
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Richard Ekins: Human Rights and the Morality of Law
This is part of a series of posts in which Richard Ekins reflects upon Lord Sumption’s Reith Lectures. You can find the first post here. In his third Reith lecture, broadcast yesterday and entitled “Human Rights and Wrongs”, Jonathan Sumption examines international human rights law, “the main battleground between law and politics”. His strategy is…