Tag: Human Rights Act

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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Some interesting LSE working papers: prisoner voting and the EU Act 2011

A couple of the latest papers in the LSE Law Department’s Working Papers Series caught my eye. In the first, Peter Ramsay argues (contrary to the ECtHR’s decision in Hirst v UK (No 2)) that the UK’s ban on prisoner voting is necessary and proportionate in a democratic society – and should not therefore be regarded

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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.