As noted in an earlier post, repealing the Human Rights Act 1998—and perhaps withdrawing the UK from the European Convention on Human Rights—is now firmly on the political agenda (at least as far as the Conservatives are concerned). What, then, might lie ahead? Four scenarios are worth considering, reflecting two key variables—namely, whether the HRA … Continue reading Repealing the Human Rights Act: what might lie ahead?
The knives have been out for the Human Rights Act – and perhaps the UK's involvement in the European Convention on Human Rights itself – at the Conservative Party conference today. Here is an excerpt from the speech made by Chris Grayling, the Justice Secretary: European Human Rights laws were written by Conservatives in the … Continue reading Theresa May and Chris Grayling on human rights
http://www.youtube.com/watch?feature=player_embedded&v=AUAprajF4UM Here is an excellent Cambridge Law in Focus video by my colleague Nicola Padfield on the recent judgment of the Grand Chamber of the European Court of Human Rights in Vinter v UK. The Court held that the imposition of "whole life tariffs", under which a prisoner serving a life sentence can be denied … Continue reading Cambridge Law in Focus video: Vinter v UK – whole life tariffs
Senior Ministers are queuing up today to congratulate not only Andy Murray on his Wimbledon victory, but also the Home Secretary, Theresa May, on yesterday’s deportation of Abu Qatada, or “Public Enemy Number One” as the BBC’s Dominic Casciani has dubbed him. We know now that as well as feeling “physically sick” at the prospect … Continue reading Abu Qatada is gone—but the debate is far from over
The Belmarsh Prison case — which arose from the UK's treatment of foreign terror suspects following the 9/11 attacks in the USA — illustrates a series of fundamental points about how the UK constitution works, and provides an excellent starting-point for anyone who is interested in public law.
The Government has made no secret of its determination to make it harder for foreign criminals to resist deportation on the ground that it would infringe their right to private and family life under Article 8 ECHR. It is no surprise, therefore, that this is one of the issues to be tackled in the Immigration … Continue reading The Queen’s Speech, the Immigration Bill and Article 8 ECHR
The latest issue of the European Human Rights Law Review – just published this week – includes an article I have written critiquing the report of the Commission on a Bill of Rights. The following is the abstract of the article, which gives a sense of the line I take in the piece: In its recently-published Report, the Commission on … Continue reading European Human Rights Law Review article on the Bill of Rights Commission
I gave a talk earlier today to the Cambridge Sixth Form Law Conference on "Why the British constitution is weird (and interesting)". The slides that accompanied the talk can be found here. I am posting these mainly for the benefit of those who attended the talk (as they probably do not make much sense on their … Continue reading Cambridge Sixth Form Law Conference slides
The phoney war between the UK political establishment (or at least significant sections of it) and the European Court of Human Rights in Strasbourg has been going on for at least as long as the Human Rights Act 1998 has been in force. But, at least until very recently, that “war” could fairly be characterised as … Continue reading Westminster v Strasbourg: taking the gloves off?
Earlier this week, I published a post about the views recently attributed by the Mail on Sunday to the Home Secretary, Theresa May. (May, according to the Mail, thinks that the UK should pull out of the ECHR – although today’s Independent suggests that there is likely to be a good deal of posturing behind … Continue reading Theresa May and the ECHR: some thoughtful responses – and some further thoughts