The astonishingly low standard of Human Rights Act bashing

Last week, I came across — and briefly joined in — an astonishing exchange on Twitter concerning repeal of the Human Rights Act 1998. It was prompted by a report that former Attorney-General Dominic Grieve anticipates that, in his Conservative Party conference speech this week, David Cameron will announce plans to dilute the UK's commitment to … Continue reading The astonishingly low standard of Human Rights Act bashing

The Canadian human-rights model: a brief response to Richard Edwards

In one of several recent blog posts about the possibility of UK withdrawal from the ECHR, Richard Edwards — responding to earlier posts by Gavin Phillipson and me — considers the Canadian Charter of Rights and Freedoms, section 33 of which, in effect, allows struck-down rights-incompatible statutes to be reinstated by the legislature, “notwithstanding” the … Continue reading The Canadian human-rights model: a brief response to Richard Edwards

ECHR withdrawal and a British Bill of Rights: some resources

There have been a number of recent blog posts in recent days considering different aspects of the possibility of UK withdrawal from the European Convention on Human Rights — a hare that was set running by media reports that the Conservative Party might be contemplating something along these lines. Here is a list of the ones I … Continue reading ECHR withdrawal and a British Bill of Rights: some resources

Human rights reform and the role of the Strasbourg Court

I wrote last week about the dismissal of Dominic Grieve as Attorney-General and subsequent indications as to the likely direction of Conservative Party policy in relation to human rights. As noted in the latter post, the plan—such as it is at present—appears to countenance the possibility of the UK’s departure from the European Convention on … Continue reading Human rights reform and the role of the Strasbourg Court

A hardening of Conservative human rights policy: what are the options?

I noted earlier this week that the dismissal of Dominic Grieve as Attorney-General was likely to foreshadow a significant hardening of the Conservative Party’s stance in relation to the European Convention on Human Rights. Today, the BBC is reporting—following Grieve’s removal, the departure of arch-Europhile Kenneth Clark and William Hague’s move from the Foreign Office—that: … Continue reading A hardening of Conservative human rights policy: what are the options?

Why Dominic Grieve’s departure from the Government might hasten the UK’s withdrawal from the ECHR

Dominic Grieve, who has served as Attorney-General since the 2010 general election, and who was a strong supporter of the UK’s ongoing membership of the European Convention on Human Rights, has left the Government. He is replaced by Jeremy Wright, previously Minister for Prisons and Rehabilitation in the Ministry of Justice. Calling the significance of … Continue reading Why Dominic Grieve’s departure from the Government might hasten the UK’s withdrawal from the ECHR

Labour’s plans for the Human Rights Act

In a recent article in The Telegraph, the Shadow Justice Secretary Sadiq Khan sketches the human-rights policy with which it seems Labour will go into the 2015 election campaign. The article is supportive both of the UK's membership of the European Convention on Human Rights and of the Human Rights Act 1998. Within the current political climate, … Continue reading Labour’s plans for the Human Rights Act

The Immigration Act 2014: A sequel to the prisoner-voting saga?  

Section 19 of the Immigration Act 2014 raises some important constitutional questions about the respective roles of courts and legislators in relation to human-rights matters. When it enters into force, section 19 of the 2014 Act will insert a suite of new provisions into the Nationality, Immigration and Asylum Act 2002 concerning the way in which courts and tribunals deal with … Continue reading The Immigration Act 2014: A sequel to the prisoner-voting saga?  

The “vigour” of common law rights and values: A v BBC [2014] UKSC 25

Earlier this week, I wrote in my review of recent developments that it is possible to identify a stream of jurisprudence that has emerged from the UK Supreme Court over the last year which places particular and renewed emphasis on the common law as a source of fundamental constitutional values and rights. I cited Osborn … Continue reading The “vigour” of common law rights and values: A v BBC [2014] UKSC 25

Whole life tariffs: Court of Appeal differs from, but does not defy, Strasbourg

The Court of Appeal has just given judgment in Attorney-General's Reference No 69 of 2013 [2014] EWCA Crim 188. It has held that the whole-life-tariff regime laid down in UK primary legislation is compatible with Article 3 of the European Convention on Human Rights. In doing so, the Court of Appeal differs from the view set … Continue reading Whole life tariffs: Court of Appeal differs from, but does not defy, Strasbourg