Tag: Strasbourg jurisprudence
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Veronika Fikfak: ECHR Reform: A Danger of Contagion in Relation to Article 3
On Wednesday 10 December, which is also Human Rights Day, Ministers of Justice of the Council of Europe will meet in Strasbourg to discuss how the European Convention of Human Rights (ECHR) should be reformed. A group of states will lead the drafting efforts, with a new interpretative declaration expected to be ready by May…
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Craig Purshouse: Abortion and the Bill of Rights: A reply to Kirsty Hughes
The US Supreme Court’s decision in Dobbs v Jackson Women’s Health Organization should have given pause to supporters of vague rights charters that expand the power of judges to decide contentious moral and political questions. This goes even more so for those who want to secure the ability of women to obtain safe and legal abortions. Rather…
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Iain Jamieson: Effect of the Bill of Rights upon the meaning of Convention Rights under the Scotland Act
The relationship between the Scotland Act 1998 (“the SA”), Convention rights and the Human Rights Act 1998 (“the HRA”) is well known. Convention rights are embedded in the Scottish constitution. The Scottish Parliament cannot legislate, and Scottish Ministers cannot act, in any way which is incompatible with those rights (SA ss. 29(2)(d), 53,54,57(2)). The SA…
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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:…