Tag: Independent Human Rights Act Review
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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…
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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?
Clause 14 of the Bill of Rights Bill, currently progressing through the UK parliament, introduces a total ban on individuals bringing a human rights claim, or relying on a Convention right, in relation to overseas military operations. As I have argued elsewhere, this is a retrograde development in the law. Thankfully, the clause may never…
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Stefan Theil: Missing the Forest for the Trees – Deficits in Doctrinal Methods and How Data Can Help
Introduction Law and legal scholarship have a problem: a problem with digesting and analysing the sheer volume of decisions reached every year by domestic and international judicial bodies. From January to March 2021 alone, Her Majesty’s Courts & Tribunals Service (HMCTS) recorded 72,000 receipts and disposed of as many cases, with an outstanding caseload of…
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Richard Clayton QC: The Government’s New Proposals for the Human Rights Act Part 3: An Assessment
This post completes my analysis of the Government’s Proposals for reform of the Human Rights Act 1998, following Part 1 (outlining the proposals) and Part 2 (analysing the interaction with the common law, the UK Supreme Court, and the intention to sharpen the focus on fundamental rights). This post considers three final themes of the…
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Richard Clayton: The Government’s New Proposals for the Human Rights Act; Part One – The Proposals in Outline
The Conservative Party has opposed the HRA root and branch ever since its enactment. Manifesto commitments to overhaul the HRA were made in 2010, 2015, 2017, and 2019. In 2015 Prime Minister, David Cameron, said he was open to the “nuclear option” of withdrawing from the European Convention on Human Rights (the ECHR) to ensure…
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Andrew Geddis and Sarah Jocelyn: Is the NZ Supreme Court Aligning the NZBORA with the HRA?
The New Zealand Bill of Rights Act 1990 (NZBORA) and the United Kingdom’s Human Rights Act 1998 (HRA) share common constitutional DNA. Both are “parliamentary bills of rights” that eschew a judicial power to invalidate rights-infringing legislation. However, the two rights instruments historically have diverged in a couple of important ways regarding the form of…
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Tim Sayer: Preserving Judicial Oversight: An Appeal to Self-Interest
Boris Johnson’s government takes the view that ours is a time of judicial overreach, necessitating redress in terms of the balance of judicial and executive power. This seems to have been driven by a number of high-profile cases, certain vocal thinktanks which appear to have the ear of government, and a wider constitutional prospectus of…
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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 Human Rights Act Review (the “Review”). One of the Review’s key themes is “the impact of the HRA on the relationship between the judiciary, the executive and the legislature”. In respect of this theme, the Terms of…
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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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Lee Marsons: The Independent Human Rights Act Review (IHRAR) – a welcome change of tone but with concerns ahead
As some readers may know, I have been involved in various modest ways with responding to the ongoing Independent Review of Administrative Law (IRAL). As part of an ESRC project with Maurice Sunkin and Theodore Konstadinides (University of Essex), I assisted The Law Society of England and Wales to produce its response to the panel,…