Tag: human rights

European Human Rights Law Review article on the Bill of Rights Commission

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

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Cambridge Sixth Form Law Conference slides

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

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Westminster v Strasbourg: taking the gloves off?

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

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Theresa May and the ECHR: some thoughtful responses – and some further thoughts

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

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Repealing the Human Rights Act, withdrawing from the ECHR: be careful what you wish for

The Government’s human rights attack dogs have been on the offensive this weekend. The Lord Chancellor and Justice Seceretary, Chris Grayling, told the Sunday Telegraph: I cannot conceive of a situation where we could put forward a serious reform without scrapping Labour’s Human Rights Act and starting again. We cannot go on with a situation where

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Human Rights Act 1998 (Repeal and Substitution) Bill: going nowhere, but a sign of things to come?

The Human Rights Act 1998 (Repeal and Substitution) Bill – a Private Member’s Bill promoted by Charlie Elphicke MP – has been published. Its purpose (as its name suggests) is to replace the HRA with a UK Bill of Rights – and Responsibilities. On a first read-through (and I’m not certain it deserves a second

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Is the margin of appreciation something that domestic courts should be applying?

I am working on some online updates for my Administrative Law book at present. In the course of doing so, I came across R (S) v Secretary of State for Justice [2012] EWHC 1810 (Admin) – in which Sales J has some interesting (but debatable) things to say about the margin of appreciation doctrine.