UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Anne Smith and Colin Harvey: Where Next for a Bill of Rights for Northern Ireland?

On the 10 December 2018 we launched the findings of our research project funded by Joseph Rowntree Charitable Trust (JRCT) about the next steps for a Northern Ireland Bill of … Continue reading

February 6, 2019 · Leave a comment

Lewis Graham: Hallam v Secretary of State: Under What Circumstances Can the Supreme Court Depart from Strasbourg Authority?

The Supreme Court recently handed down its decision in R (Hallam) v Secretary of State for Justice [2019] UKSC 2. It is an important and complex judgment, featuring seven separate … Continue reading

February 4, 2019 · Leave a comment

Emmanouil Bougiakiotis: E.S. v Austria: Blasphemy Laws and the Double Standards of the European Court of Human Rights

This case concerns the criminal conviction of an Austrian national because of a number of comments she made about Muhammad during some seminars she held under the title “Basic Information … Continue reading

November 22, 2018 · Leave a comment

Liora Lazarus: Do Human Rights Impede Effective Counterterrorism?

Theresa May and Keir Starmer disagree about whether human rights impede effective counterterrorism.  Both bring experience at the coalface of this field, May as former Home Secretary, and Starmer as … Continue reading

June 15, 2017 · 1 Comment

Anne Smith and Monica McWilliams: Now Is the Time to Re-open the Debate about Progressing the Northern Ireland Bill of Rights

Following the results of the Brexit referendum  in the UK and the Conservative’s plans both to replace the Human Rights Act with a British Bill of Rights and to withdraw … Continue reading

January 13, 2017 · 1 Comment

Christina Lienen: When Strasbourg Won’t Have It – Push for or Limitation of Common Law Constitutional Rights?

On 8 November 2016 the Grand Chamber of the European Court of Human Rights (‘ECtHR’) in Magyar Helsinki Bizottság v Hungary decided that Art 10 did indeed confer a right … Continue reading

January 10, 2017 · 1 Comment

Richard Clayton QC: New Directions for Article 10: Strasbourg Reverses the Supreme Court in Kennedy

The Supreme Court decision in Kennedy v Charity Commission was striking from many points of view.  Mr Kennedy was a journalist frustrated by the way the Commission handled his allegations … Continue reading

December 13, 2016 · 3 Comments

Thomas Raine: The Value of Article 14 ECHR: The Supreme Court and the ‘Bedroom Tax’

Since it was introduced under the Housing Benefit (Amendment) Regulations 2012, the removal of the spare room subsidy, or ‘bedroom tax’ as it is known, has been one of the … Continue reading

November 28, 2016 · 2 Comments

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 … Continue reading

September 17, 2016 · 16 Comments

Graeme Cowie: Prisoners to Devolved Fortune? The Right to Vote and the Scotland Act 2016

The Hirst (No 2) v United Kingdom judgment has proven to be one of the most contentious of decisions of the European Court of Human Rights. Its subject matter, prisoner … Continue reading

May 18, 2016 · Leave a comment

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