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Human Rights Act 1998

Michael Foran: Interpretation after the Human Rights Act? The Principle of Legality and the Rule of Law

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Last week Liz Truss’s cabinet decided to shelve the proposed British Bill of Rights. Quite a lot has […]

UKCLA September 12, 2022 Constitutional Law, Human Rights Act 1998, Judiciary, United Kingdom

Stuart Wallace: Human Rights Claims and Overseas Military Operations: Will Clause 14 of the Bill of Rights Bill Really Limit Victims’ Access to British Courts?

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Clause 14 of the Bill of Rights Bill, currently progressing through the UK parliament, introduces a total ban […]

UKCLA September 6, 2022 European Convention on Human Rights, Human rights, United Kingdom

Richard Clayton QC: The Government’s New Proposals for the Human Rights Act Part 3: An Assessment

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This post completes my analysis of the Government’s Proposals for reform of the Human Rights Act 1998, following […]

UKCLA January 14, 2022 Constitutional reform, Human Rights Act 1998, UK government, United Kingdom

Richard Clayton QC: The Government’s New Proposals for the Human Rights Act Part 2: An Assessment

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The Government explains its Proposals in its Human Rights Act Reform: A Modern Bill Of Rights: A consultation […]

UKCLA January 13, 2022 Human Rights Act 1998, UK government, United Kingdom

Richard Clayton: The Government’s New Proposals for the Human Rights Act; Part One – The Proposals in Outline

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The Conservative Party has opposed the HRA root and branch ever since its enactment.  Manifesto commitments to overhaul […]

UKCLA January 4, 2022 Constitutional change, Human rights, Human Rights Act 1998, United Kingdom

Andrew Geddis and Sarah Jocelyn: Is the NZ Supreme Court Aligning the NZBORA with the HRA?

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The New Zealand Bill of Rights Act 1990 (NZBORA) and the United Kingdom’s Human Rights Act 1998 (HRA) […]

UKCLA December 1, 2021 Human Rights Act 1998, Judiciary, New Zealand, United Kingdom

Michael Foran: Parliamentary Sovereignty and the Politics of Law-making

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Parliamentary sovereignty has traditionally been understood to mean that Parliament is free to enact legislation on any area […]

UKCLA October 18, 2021 Devolution, Human Rights Act 1998, Parliamentary sovereignty, Scotland, UK Parliament, United Kingdom

Mark Elliott and Nicholas Kilford: Devolution in the Supreme Court: Legislative Supremacy, Parliament’s ‘Unqualified’ Power, and ‘Modifying’ the Scotland Act

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In the Continuity Bill Reference, the Supreme Court advanced a striking analysis of the implications for devolution of […]

UKCLA October 15, 2021 Devolution, Judicial review, Parliamentary sovereignty, Scotland, UK Parliament, United Kingdom

Tim Sayer: Preserving Judicial Oversight: An Appeal to Self-Interest

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Boris Johnson’s government takes the view that ours is a time of judicial overreach, necessitating redress in terms […]

UKCLA April 21, 2021 Administrative law, Constitutional reform, Human Rights Act 1998, Judicial review, UK government, United Kingdom

Florence Powell and Stephanie Needleman: How radical an instrument is Section 3 of the Human Rights Act 1998?

The operation of the Human Rights Act 1998 (the “HRA”) is currently being reviewed by the Government’s Independent […]

UKCLA March 24, 2021 Civil Liberties, Human rights, Judicial review, Judiciary, United Kingdom

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