Tag: European Convention on Human Rights
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![Crash Krylova: Trans People in Prison: For Women Scotland v Scottish Ministers [2026] CSOH 59](https://ukconstitutionallaw.org/wp-content/uploads/2025/05/crash_wigley.jpg)
Crash Krylova: Trans People in Prison: For Women Scotland v Scottish Ministers [2026] CSOH 59
Introduction On 19 June 2026, the Outer House of the Court of Session handed down judgment in the case of For Women Scotland v Scottish Ministers [2026] CSOH 59 (“For Women Scotland 3”). This piece is intended as a critique of that judgment, exploring the relevance of the Equality Act 2010 and the Schedule 22(1)…
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Richard Martin: Counting Cumulative Impact: More Public Order Law Additions
Following the horrific antisemitic attack at a Manchester synagogue in October, the government has announced plans to amend sections 12 and 14 of the Public Order Act 1986. The proposed changes would explicitly allow police to consider the cumulative impact of frequent protests when imposing conditions on public processions and assemblies. This announcement carries a…
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Michael Foran: For Women Scotland: Is legal recognition of biological sex a violation of human rights?
In For Women Scotland v The Scottish Ministers the UK Supreme Court rejected the contention that possession of a Gender Recognition Certificate changes an individual’s sex for the purposes of the Equality Act 2010, maintaining equality of status for all those protected under the characteristic of gender reassignment and ensuring that biological women are protected…
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Crash Wigley: For Women Scotland: A Case of Significant Silences
For Women Scotland v Scottish Ministers [2025] UKSC 16 is a judgment that has triggered great public discussion about the position of trans people in Great Britain (for an interesting discussion of the legal position in Northern Ireland, see Deb et al, “Limits to the UK Supreme Court’s Reach: Northern Ireland, the Windsor Framework and…
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Stevie Martin: The Decriminalisation and Regulation of Assisted Suicide in England and Wales: Acknowledging and Addressing the Slippery Slope Argument
The introduction of Kim Leadbeater’s Private Member’s Bill which will, if enacted, legalise assisted suicide for ‘Terminally Ill Adults’ in England and Wales has, unsurprisingly, drawn significant commentary from many quarters, including some legal academics and practitioners. This is despite the fact that, as yet, Leadbeater’s Bill has not been published. Debates on assisted dying…
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![Elizabeth Adams: The Judicial Approach to the Judicial Discretion under s.4 HRA in Secretary of State for Business and Trade v Mercer [2024] UKSC 12](https://ukconstitutionallaw.org/wp-content/uploads/2019/01/elizabeth-adams-e1548439339676.png)
Elizabeth Adams: The Judicial Approach to the Judicial Discretion under s.4 HRA in Secretary of State for Business and Trade v Mercer [2024] UKSC 12
In Secretary of State for Business and Trade v Mercer [2024] UKSC 12 (Mercer), the Supreme Court was confronted with whether and how to exercise its powers under sections 3 and 4 of the HRA 1998. This blog post will focus on assessing how the Supreme Court approached the judicial discretion to grant a declaration…
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Lewis Graham: A Constitutional Clash Averted: Nealon and Hallam v United Kingdom and the Presumption of Innocence
On 11 June 2024, the Grand Chamber of the European Court of Human Rights handed down its judgment in Nealon and Hallam v United Kingdom. The case is important for two reasons: firstly, because it provides a long-awaited clarification of the law relating to the presumption of innocence under Article 6 of the Convention; secondly,…
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Andrew Le Sueur: Human Rights Litigation in Jersey: A Constitutional Turn?
Following pressure from the in-coming Blair government, in the late 1990s the three Crown Dependencies enacted legislation modelled closely on the UK Human Rights Act 1998 – in Jersey, the Human Rights (Jersey) Law 2000. The States Assembly passed the 2000 Law with little controversy, 49 States members voting pour and only one contre. It…
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Sanjit Nagi: A Future Constitutional Battleground? Expropriation, Compensation, and the Right to Peaceful Enjoyment of Property under the European Convention on Human Rights
As it becomes clear the Labour Party is on course to win the next general election, greater attention is being paid to their intended programme for government. Despite the current leadership disowning policies from the 2017 and 2019 manifesto, the Labour Party remains committed to expropriation in a limited number of areas: renationalising the railways, publicly…