In this post, Mark Elliott, Stephen Tierney and Alison L Young consider the implications of the EU (Withdrawal) Bill for human rights protection — and how the Bill might be amended if the protections afforded by the Charter of Fundamental Rights are to be maintained after Brexit
The Unison case is an important victory for workers who wish to enforce their rights in Employment Tribunals. But the Supreme Court’s judgment also implicates some key principles of UK constitutional law — and raises a question about how far courts can go in upholding such principles.
The Conservative Party — which, barring an electoral surprise that would make the election of Donald Trump look pedestrian, will form the next UK administration — has published its manifesto. What does it reveal about the constitutional aspects of the party’s programme for government?
In Secretary of State for Work & Pensions v Carmichael, the Government argued that the First-tier Tribunal could not intervene when housing benefit was reduced under ECHR-incompatible regulations. The Upper Tribunal disagreed. In doing so, it was on strong constitutional ground.
Theresa May’s case for withdrawal from the ECHR: Politically astute, legally dubious, constitutionally naïve
Theresa May argues that the UK should remain in the EU but withdraw from the ECHR. Her thinking may be politically comprehensible, but does it stack up in legal or constitutional terms?
The UK Supreme Court as a constitutional ‘longstop’: Michael Gove’s evidence to the House of Lords Constitution Committee
The Lord Chancellor and Justice Secretary, Michael Gove, gave evidence to the House of Lords Constitution Committee earlier today. In this brief post, I pick up on just one of […]
I briefly wrote yesterday about John Finnis’ recent lecture on judicial power. Although Finnis examines his topic through a lens that takes in far more than simply questions about human-rights […]
RightsInfo, which is setting a very high bar indeed in terms of the visual explanation of human-rights-related issues, has just launched an excellent two-minute animation on human-rights basics. If you […]
This post is the last in a series of six updates for the 2015-16 academic year. The posts in this series are co-written by Mark Elliott and Robert Thomas, the authors of Public Law, published […]
The new Justice Secretary and Lord Chancellor, Michael Gove, gave evidence for the first time today to the House of Commons Justice Committee. We learned a little, but not a […]
I wrote in April about the launch of RightsInfo, a new initiative from Adam Wagner, the founding editor of the UK Human Rights Blog. Following a crowdsourcing project (to which […]
I have made a short video for the Cambridge Faculty of Law’s Law in Focus series concerning the proposal to repeal the Human Rights Act 1998 and enact a British […]
Could the Devolved Nations Block Repeal of the Human Rights Act and the Enactment of a New Bill of Rights?
In my last post on the proposed repeal of the Human Rights Act 1998 and the enactment of a British Bill of Rights, I considered the extent to which the House […]
Replacing the Human Rights Act: The House of Lords, the Parliament Acts and the Salisbury Convention
It is clear that repealing the Human Rights Act and enacting a British Bill of Rights will be far from straightforward. One potential complicating factor is the House of Lords, […]
It seems that the Conservative Party is on its way to forming an expectation-defying single-party government — which makes its plans for human-rights reform suddenly more relevant than they seemed […]
I gave a Current Legal Problems lecture in March concerning the relationship between common-law constitutional rights and the system of rights protection that obtains under the Human Rights Act 1998 […]