Tag: European Convention of Human Rights
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Christopher McCrudden: Why the European Union must insist that the UK remains committed to the European Convention on Human Rights
In the next few days and weeks, the EU and the UK must decide whether they both really want a future relations agreement. Both sides have agreed to step up their face-to-face meetings. To achieve an agreement, it looks like compromises will be required. It was ever thus — that is the nature of international…
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Alex Schymyck: Vulnerable Detainees in Prison Illustrate the Need for Consistency as a Ground of Review
In R (MR (Pakistan)) v Secretary of State for Justice & Others, the High Court rejected a claim that the inequality in procedural protections available to vulnerable immigration detainees, which depend significantly on the venue of detention, is irrational. The nature of the decision, which fails to properly evaluate the reasons advanced for the difference,…
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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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![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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Alison Young: Benkharbouche and the Future of Disapplication
Last week, Lord Sumption delivered the majority decision of the Supreme Court on Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: Secretary of State for Foreign and Commonwealth Affairs and Libya v Janah. The case would have been heard in December of last year, but for the small matter of Miller, which caused…
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Alex Peplow: Withdrawal from the ECHR after Miller – A Matter of Prerogative?
Does the decision of the Supreme Court in the case of R (on the application of Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 affect the way in which the UK could withdraw from the European Convention on Human Rights? It is submitted that it clearly follows from the Miller…
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Ruvi Ziegler: The ‘Brexit’ Referendum: We Need to Talk about the (General Election) Franchise
In its 27 May 2015 Queen’s speech, the Conservative government announced that ‘early legislation will be introduced to provide for an in/out referendum’. The following day, it introduced the European Union Referendum Bill, which passed its third reading in the House of Commons on 7 September 2015 (by 316 votes to 53). The second reading…
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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…
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HRA Watch: Reform, Repeal, Replace? Elizabeth Stokes: Prisoners’ Rights in Context: What Future under a British Bill of Rights?
Editors’ note: The blog is inviting constitutional lawyers to comment on the UK Government’s proposal to repeal and replace the Human Rights Act. We continue with a post by Elizabeth Stokes, Senior Lecturer at the School of Business & Law, University of East London. You can read the other contributions in this series here. Posts on the…
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Paul Bernal: Privacy, Surveillance and Brexit….
An Englishman’s home is his castle, so the old saying goes, and it might be thought that the implication is that the English place a special importance on privacy. The reverse, however, seems to be the case, when the law is considered – for much of the law that provides protection for our privacy, particularly…