Tag: Human Rights Act
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Roger Masterman: Reasserting/Reappraising Dualism
Dualism is considered a staple characteristic of the UK’s constitutional order. Recognised as a necessary derivative of the concept of parliamentary sovereignty, the notion of dualism is ‘based on the proposition that international law and domestic law operate in independent spheres’ and that interaction between those spheres is formally contingent – in the forum of…
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Vernon Bogdanor: Reply to McHarg and Young
Aileen McHarg and Alison Young believe that the new British constitution, which I wrote about in my book of that name published in 2009 is less securely based than I suggested. The pillars of that new constitution were, I argued, the Human Rights Act, the devolution settlement, the referendum, and the new arrangements for the…
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Daniella Lock, Fiona de Londras and Pablo Grez Hidalgo: Parliamentary Engagement with Human Rights during COVID-19 and the Independent Human Rights Act Review
As the deadline for submissions to Independent Human Rights Act Review (IHRAR) passes this week, the appropriate division of constitutional labour in respect of human rights protection continues to attract debate. The terms of reference for the IHRAR suggest a focus on the role of the courts in protecting rights under the Human Rights Act 1998 (HRA).…
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Joe Tomlinson, Lewis Graham, and Alexandra Sinclair: Does judicial review of delegated legislation under the Human Rights Act 1998 unduly interfere with executive law-making?
The relationship between delegated legislation and the Human Rights Act 1998 (HRA) is seemingly becoming a more contentious constitutional issue. Professor Richard Ekins published, as part of the Policy Exchange’s Judicial Power Project, an agenda for constitutional reform under the title of Protecting the Constitution. Amongst an extensive set of reform suggestions, Ekins proposes that…
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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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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 from the European Convention on Human Rights, this is an opportunity to re-open the debate on how best to address the current political stalemate on…
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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 it being based either on inaccurate understandings of what it says or error-strewn assertions about the nature of its impact. The political motive for attacking…
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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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HRA Watch: Reform, Repeal, Replace? Colin Harvey: Revisiting a Bill of Rights for Northern Ireland
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 Colin Harvey, Professor of Human Rights Law at Queen’s University Belfast. You can read the other contributions in this series here. Posts on the topic are welcome. Much of…