Tag: human rights law reform
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Alan Greene: Bringing facts to a vibes fight: Kayfabe and debates on the UK and the ECHR
It is now 25 years since the Human Rights Act 1998 (HRA) entered into force and far from this endurance cementing its legitimacy, the judicial protection of human rights in the UK finds itself in the perennial political spotlight. The European Court of Human Rights (ECtHR) is also never far from the headlines, not least…
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Lewis Graham: Going beyond, and going against, the Strasbourg Court
Section 2 of the Human Rights Act (HRA) requires that domestic courts “take into account” relevant Strasbourg case law when dealing with substantive claims under that Act. The classic authority on the application of this provision remains – for now – that of Lord Bingham: courts should “keep pace with the Strasbourg jurisprudence as it evolves over time:…