Tag: European Court of Human RIghts
-
Kirsty Hughes: The Implications of the Court of Appeal’s Judgment on ‘Family Life’ for the Government’s Immigration Proposals
On 27 November 2025 the Court of Appeal handed down its judgment in IA v SHHD [2025] EWCA Civ 1516 clarifying the correct test to be used when determining whether there is ‘family life’ in immigration cases. The Court of Appeal followed the consistent line of case law from the European Court of Human Rights…
-
Veronika Fikfak: ECHR Reform: A Danger of Contagion in Relation to Article 3
On Wednesday 10 December, which is also Human Rights Day, Ministers of Justice of the Council of Europe will meet in Strasbourg to discuss how the European Convention of Human Rights (ECHR) should be reformed. A group of states will lead the drafting efforts, with a new interpretative declaration expected to be ready by May…
-
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…
-
Sanjit Nagi: A Road to Nowhere: Reforming the European Convention on Human Rights
Over the last few weeks criticism of the European Convention on Human Rights (ECHR/the Convention) and suggestions that the United Kingdom (U.K) should attempt to reform the supranational instrument, and by extension the Human Rights Act 1998 (HRA 1998), have dramatically intensified. Interestingly, calls for reform have not just come from the conservative side of…
-
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,…
-
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…
-
Alice Donald: Earning Deference from Strasbourg: Has the UK Got the Message?
This blog addresses a paradox: why is it that the European Court of Human Rights (ECtHR or ‘the Court’) continues to be the target of vituperative rhetoric from UK ministers and others, when the number of judgments against the UK has steadily fallen and the UK (as a successful respondent state) has been a beneficiary…
-
Roger Masterman: The Convention Rights in the Human Rights Act and under a Bill of Rights: Domestic, European or Both?
*Editors’ note: This post is part of a series on ‘The Human Rights Act After 22 Years’, following the SLS Annual Seminar held in November 2022. You can read the first post in the series here. The extent of the interpretative space which exists to accommodate ‘the domestic’ within the meaning of the Convention rights under the Human Rights Act…
-
Hélène Tyrrell and Conall Mallory: Interpretive Space: The Human Rights Act 1998 v the British Bill of Rights Bill
*Editors’ note: This post is part of a series on ‘The Human Rights Act After 22 Years’, following the SLS Annual Seminar held in November 2022. You can read the first post in the series here. Repeal and replacement of the Human Rights Act 1998 (HRA) has been on and off the political agenda for years. The latest initiative is the Bill…