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 — 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
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
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
The Lord Chancellor and Justice Secretary, Michael Gove, gave evidence to the House of Lords Constitution Committee earlier today. In this brief post, I pick up on just one of the issues raised by his evidence, namely the notion that the UK Supreme Court might be made, by a British Bill of Rights, into what … Continue reading The UK Supreme Court as a constitutional ‘longstop’: Michael Gove’s evidence to the House of Lords Constitution Committee
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
RightsInfo, which is setting a very high bar indeed in terms of the visual explanation of human-rights-related issues, has just launched an excellent two-minute animation on human-rights basics. If you want to know what human rights are and are looking for an accessible way in, it's a great starting-point. Of course, the points made in the … Continue reading RightsInfo: What are 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?