Tag: Human Rights Commission
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Mark Elliott: The draft Brighton Declaration, the Human Rights Act, and the Bill of Rights debate
As Noreen O’Meara has already posted, a draft of the Brighton Declaration concerning reform of the European Court of Human Rights (ECtHR) has leaked into the public domain. Of course, that draft may well turn out to be substantially different from the final text, which will reflect whatever consensus (if any) is reached at the…
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Christine Bell: Bills of Rights and Devolution: From the Universal to the Particular.
‘To produce one Bill of rights may be regarded as a misfortune. To produce eight, looks like carelessness’. This blog picks up on Nicholas Barber’s blog of September 11, 2011. There he sketched the complicated options for taking a human rights case with respect to the Human Rights Act, the European Convention on Human Rights…
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Helen Fenwick: The Conservative anti-ECHR stance and a British Bill of Rights: rhetoric and reality.
Conservative policy on the Human Rights Act: the role of the Bill of Rights’ Commission and the aim of handing back autonomy to the UK in human rights matters Deep dissatisfaction with the Human Rights Act (HRA) and a determination to repeal it was reflected in Conservative pronouncements in the run-up to the 2010 General…
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Tom Hickman: The Bill of Rights Commission and the How Question
Has anybody else noticed that the Bill of Rights Commission’s consultation is missing a question? In its consultation, which closes on 11 November 2011, the Commission first asks whether we need a Bill of Rights. No problem there. But its second question is, if so, “what do you think a Bill of Rights should contain?”…
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Nick Barber: The Commission on the Human Rights Act and the European Court of Human Rights.
The Commission tasked with suggesting reforms to the structure of rights protection in the United Kingdom has sent a letter to the Government outlining its interim advice for reforming the European Court of Human Rights. Drawing attention to the long delays experienced by litigants, and the heavy workload of the Court, the Commission suggests, amongst other things: – …
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THES: The Bill of Rights Commission
Readers might be interested to know that Colin Harvey and Colm O’Cinneide have published a short opinion piece in the Times Higher Education Supplement on the recently established Bill of Rights Commission. It is available at: http://www.timeshighereducation.co.uk/story.asp?sectioncode=26&storycode=416649&c=1
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Roger Masterman: How ‘British’ would a ‘British’ Bill of Rights be?
The perception that the protections afforded by domestic courts under the Human Rights Act 1998 (HRA) should replicate the rights enforced by the European Court of Human Rights at Strasbourg has been a leitmotif of judicial reasoning in rights cases since the implementation of the HRA. The HRA is an Act of the United Kingdom…
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Graham Gee: Rights, Independence of Mind and Conservatives
In a recent post, Liora Lazarus voices serious concerns about the composition of the UK Bill of Rights Commission. That the Commission (convened under the auspices of the MoJ) lacks diversity is indeed a cause for concern, and Dr Lazarus rightly draws our attention to it. But some of Dr Lazarus’s other claims seem less…
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Nick Barber: A Good Word For the Bill of Rights Commission
Liora’s powerful critique of the composition of the Bill of Rights Commission has drawn a number of comments. All of them are supportive; indeed, the only hint of dissent is that she may not have gone far enough. I have some sympathy with the positions she expresses, but I wonder if she is, and those…
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Liora Lazarus: The Composition of the UK Bill of Rights Commission
Mark Elliott has provided an excellent analysis of the terms of reference and options open to the recently established UK Bill of Rights Commission. This post will focus primarily on the composition of the panel. Conor Gearty has already blogged on this issue pointing to the fact that all of the members of the Commission…