Constitutional Law: The Big Picture III — Human Rights

The first two pieces in this set of blogposts introduced the series of accompanying lectures and considered the role of judicial review. The overarching purpose of the series is to explore the nature of the United Kingdom’s constitution by asking whether it is better understood as ultimately malleable and flexible — such that a sovereign… Continue reading Constitutional Law: The Big Picture III — Human Rights

Video: Oxford and Cambridge Independent Human Rights Act Review event

The Faculty of Law at Cambridge, jointly with the University of Oxford’s Law Faculty, hosted a ‘virtual roadshow’ on 2 June 2021 as part of the Independent Human Rights Act Review. The event brought together members of the IHRAR Panel, academics from the two universities and members of the public. The aim of the event… Continue reading Video: Oxford and Cambridge Independent Human Rights Act Review event

Oxford/Cambridge Independent Human Rights Act Review Event

As many readers of this blog will know, the Independent Human Rights Act Review (IHRAR) was launched in December 2020 to examine the framework of the Human Rights Act 1998 (HRA), how it is operating in practice and whether any change is required. The Review is being conducted by a Panel of eight members, chaired… Continue reading Oxford/Cambridge Independent Human Rights Act Review Event

The UK constitution under pressure: A lost age of civility?

Recently, I have been reflecting on the question: ‘Does the UK constitution still work?’ Of course, the question is value-laden. For one thing, it implicitly assumes that, whether or not it works now, the UK constitution at least once worked adequately — an assumption that is not universally shared. And buried within the question is… Continue reading The UK constitution under pressure: A lost age of civility?

Human Rights Post-Brexit: The Need for Legislation?

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 Conservative Party Manifesto and the Constitution

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 Justice Secretary, Elizabeth Truss, on a British Bill of Rights

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

The 2016 Queen’s Speech and the Constitution

This year’s Queen’s Speech touches on two possible constitutional reform measures. (I pass over the Wales Bill, which was published in draft in October 2015.) The first concerns the replacement of the Human Rights Act 1998 with a “British Bill of Rights”, while second concerns the sovereignty of Parliament and the "primacy" of the House… Continue reading The 2016 Queen’s Speech and the Constitution

Ali v United Kingdom: Article 6(1) ECHR and administrative decision-making

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