When the Human Rights Act 1998 (HRA) was introduced 25 years ago, it was accompanied by a White Paper that proclaimed the Act would ‘bring rights home’ by enabling the enforcement in UK courts of a suite of rights — set out in the European Convention on Human Rights (ECHR) — that were at least … Continue reading The UK’s (new) Bill of Rights
Today's Sunday Telegraph features an extraordinary interview with the UK Government's Justice Secretary, Dominic Raab. The report raises three issues of significant constitutional concern: that the Government may be contemplating further changes to judicial review in the light of recent judgments to which it takes exception; that the Government is considering undermining through domestic law … Continue reading Undermining the rule of law? A comment on the Justice Secretary’s Sunday Telegraph interview
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?
The new Lord Chancellor and Justice Secretary, Elizabeth Truss, gave evidence to the House of Commons Justice Committee earlier this week. She was questioned on a range of matters, including the Government’s long-awaited proposals for replacing the Human Rights Act 1998 with a British Bill of Rights. Truss’s answers to the Committee’s questions on this … Continue reading The new Justice Secretary, Elizabeth Truss, on a British Bill of Rights
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?
To say that the extent to which Article 6(1) of the European Convention on Human Rights applies to administrative decision-making is a vexed issue would be something of an understatement. That it is such a problematic area is thanks in large part to the somewhat chaotic case law of the Strasbourg Court in this area. … Continue reading Ali v United Kingdom: Article 6(1) ECHR and administrative decision-making
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 protection, some of his fire is trained upon the European Convention on Human Rights and what it requires, or has been understood to require, courts … Continue reading Philippe Sands’ Elson Lecture: Britain, Europe and Human Rights
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 by Oxford University Press. Further information about Public Law can be found here. Our focus in these updates is on six key areas in which the constitution is undergoing, or … Continue reading Public Law Update #6: A British Bill of Rights?
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 great deal, about the Government’s current thinking in relation to the replacement of the Human Rights Act 1998 with a British Bill of Rights. However, … Continue reading Michael Gove, the Justice Committee and the Human Rights Act
The notion that concerns (rooted in Euroscepticism) about sovereignty can be addressed by means of legislation asserting the sovereignty of the UK Parliament appear to be gaining increasing traction. In a debate in the House of Commons 3 February 2016, the Prime Minister, David Cameron, said that although the sovereignty of Parliament was already assured, it … Continue reading Why a Sovereignty Act makes no legal sense