Law and Rights
Update: Addendum - Monday 18th May
The week since the General Election (previous post) has seen a massive amount of comment about the government's intentions to "scrap" the Human Rights Act 1998. None of the detailed plans have yet emerged from within government and so we really only have the Conservative Party manifesto (see this post) to inform us as well as their announcement last October (discussed at length here).
Most of the comment during the week has favoured retention of the present system of human rights protection for all the peoples of the United Kingdom. It has mostly been reasoned and responsible comment from many respected legal commentators.
So far, I have seen little in support of the government's position though here is a televised debate in October 2014 between Dominic Raab MP (now a member of the Ministry of Justice Ministerial team) and Shami Chakrabarti of Liberty. According to Mr Raab's blog, he has been allocated the human rights agenda and is looking forward to 'getting stuck in.'
Also, a lot of comment has been about the particular concerns within Scotland and Northern Ireland
Here is a collection of some of the comment. The pros and cons of this will be debated for some time to come.
Legal commentators:
Lord Bingham (former Lord Chief Justice and Senior Law Lord) on Human Rights - Lord Bingham's Six points about human rights law
Northern Ireland Human Rights Commission - About Human Rights
Jack of Kent blog 15th May - Seven hurdles for repeal of the Human Rights Act - here is a post containing numerous links to other material
Spinninghugo 15th May - Four bad arguments (and one good one) for the Human Rights Act - the case for the Convention is not as easy and obvious as its supporters sometimes believe ....
UK Constitutional Law Association 15th May - HRA Watch: Reform, Repeal, Replace? Tobias Lock: Legal implications of human rights reform in the UK
Rightsinfo 15th May - The election result means big changes are coming for human rights
Philippe Sands QC - The Guardian - British Bill of Rights could end the UK
Journal Online 14th May - New Deal: Same fundamentals - Human Rights debate is not just about Europe
Professor Christine Bell 13th May - Human Rights Act repeal and devolution: Quick points and further resources on Scotland and Northern Ireland
Keir Starmer - 13th May - The arguments against the Human Rights Act are coming. They will all be false.
Scottish Constitutional Futures Forum 13th May - The 2015 General Election at Holyrood - a word on Sewel
Dr Mark Elliot 12th May - Public Law for Everyone - Could the devolved nations block repeal of the Human Rights Act and the enactment of a new Bill of Rights
Jack of Kent 11th May - Round up: 5 posts on the constitutional problems with Human Rights Act repeal
Lallands Peat Worrier blog - 10th May 2015 - Scotland and Human Rights Act abolition
Law and Lawyers Posts:
Human Rights - Battle lines are forming
Our fundamental rights on the brink
Media:
The Guardian 14th May - British Bill of Rights could end the UK
The Independent 13th May - Government plan to scrap the Human Rights Act is just a confidence trick
Irish Times 14th May - Government concern about UK plan to scrap Human Rights Act
Older material:
Counsel Magazine January 2015 - Keir Starmer QC - The case for the Human Rights Act
Head of Legal blog 9th October 2014 - Martin Howe QC - Tories will pull out of the ECHR unless Strasbourg okays our plan
Human Rights - The Conservative Party proposals - 6th October 2014
Commission on a Bill of Rights Report and, UK Human Rights blog - What lies beneath the Commission on a Bill of Rights Report
UK Constitutional Law blog - December 2012 - The Commission on a Bill of Rights Report
Addendum Monday 18th May:
Law Society Gazette - Joshua Rozenberg - Cabinet Post like no other
British Institute of Human Rights - Human Rights Act and Bill of Rights
Infform Blog - Hugh Tomlinson QC - Will the tort of misuse of private information disappear if the human rights act is repealed - and see Vidal-Hall v Google Inc [2015] EWCA Civ 311
- Wrong, Mr Gove !
This morning, the Secretary of State for Justice and Lord Chancellor gave evidence to the House of Commons Justice Committee. He would not offer a guarantee that the government would keep the UK in the European Convention on Human Rights. ...
- Human Rights ~ Parliament
IThe present government has committed itself to reform of human rights law. In particular, it seeks to repeal the Human Rights Act 1998 and introduce a British Bill of Rights. This week, two debates in Parliament were of considerable interest. ...
- Our Fundamental Rights On The Brink ~ Some Thoughts On Sunday Morning
The very essence of the European Convention on Human Rights (ECHR) is respect for human dignity. The ECHR is an instrument for the protection of individual human beings. The Convention sets out certain principles which ought to apply in civilised...
- The Conservative Party Manifesto And Human Rights
The Conservative Party manifesto states that the terms of British EU membership will be renegotiated and an in/out referendum held. The Human Rights Act will be "scrapped" and replaced by a British Bill of Rights. As for legal aid, the document...
- Protecting Human Rights ! Don't Make Me Laugh ....!
It is a huge pity that we must take the Conservative Party's document "Protecting human rights in the UK" seriously .......... but, we must! A considerable number of notable bloggers and commentators have already offered their analyses of it...
Law and Rights
Human Rights ~ some weekend reading
The week since the General Election (previous post) has seen a massive amount of comment about the government's intentions to "scrap" the Human Rights Act 1998. None of the detailed plans have yet emerged from within government and so we really only have the Conservative Party manifesto (see this post) to inform us as well as their announcement last October (discussed at length here).
Most of the comment during the week has favoured retention of the present system of human rights protection for all the peoples of the United Kingdom. It has mostly been reasoned and responsible comment from many respected legal commentators.
So far, I have seen little in support of the government's position though here is a televised debate in October 2014 between Dominic Raab MP (now a member of the Ministry of Justice Ministerial team) and Shami Chakrabarti of Liberty. According to Mr Raab's blog, he has been allocated the human rights agenda and is looking forward to 'getting stuck in.'
Also, a lot of comment has been about the particular concerns within Scotland and Northern Ireland
Here is a collection of some of the comment. The pros and cons of this will be debated for some time to come.
Legal commentators:
Lord Bingham (former Lord Chief Justice and Senior Law Lord) on Human Rights - Lord Bingham's Six points about human rights law
Northern Ireland Human Rights Commission - About Human Rights
Jack of Kent blog 15th May - Seven hurdles for repeal of the Human Rights Act - here is a post containing numerous links to other material
Spinninghugo 15th May - Four bad arguments (and one good one) for the Human Rights Act - the case for the Convention is not as easy and obvious as its supporters sometimes believe ....
UK Constitutional Law Association 15th May - HRA Watch: Reform, Repeal, Replace? Tobias Lock: Legal implications of human rights reform in the UK
Rightsinfo 15th May - The election result means big changes are coming for human rights
Philippe Sands QC - The Guardian - British Bill of Rights could end the UK
Journal Online 14th May - New Deal: Same fundamentals - Human Rights debate is not just about Europe
Professor Christine Bell 13th May - Human Rights Act repeal and devolution: Quick points and further resources on Scotland and Northern Ireland
Keir Starmer - 13th May - The arguments against the Human Rights Act are coming. They will all be false.
Scottish Constitutional Futures Forum 13th May - The 2015 General Election at Holyrood - a word on Sewel
Dr Mark Elliot 12th May - Public Law for Everyone - Could the devolved nations block repeal of the Human Rights Act and the enactment of a new Bill of Rights
Jack of Kent 11th May - Round up: 5 posts on the constitutional problems with Human Rights Act repeal
Lallands Peat Worrier blog - 10th May 2015 - Scotland and Human Rights Act abolition
Law and Lawyers Posts:
Human Rights - Battle lines are forming
Our fundamental rights on the brink
Media:
The Guardian 14th May - British Bill of Rights could end the UK
The Independent 13th May - Government plan to scrap the Human Rights Act is just a confidence trick
Irish Times 14th May - Government concern about UK plan to scrap Human Rights Act
Older material:
Counsel Magazine January 2015 - Keir Starmer QC - The case for the Human Rights Act
Head of Legal blog 9th October 2014 - Martin Howe QC - Tories will pull out of the ECHR unless Strasbourg okays our plan
Human Rights - The Conservative Party proposals - 6th October 2014
Commission on a Bill of Rights Report and, UK Human Rights blog - What lies beneath the Commission on a Bill of Rights Report
UK Constitutional Law blog - December 2012 - The Commission on a Bill of Rights Report
Addendum Monday 18th May:
Law Society Gazette - Joshua Rozenberg - Cabinet Post like no other
British Institute of Human Rights - Human Rights Act and Bill of Rights
Infform Blog - Hugh Tomlinson QC - Will the tort of misuse of private information disappear if the human rights act is repealed - and see Vidal-Hall v Google Inc [2015] EWCA Civ 311
- Wrong, Mr Gove !
This morning, the Secretary of State for Justice and Lord Chancellor gave evidence to the House of Commons Justice Committee. He would not offer a guarantee that the government would keep the UK in the European Convention on Human Rights. ...
- Human Rights ~ Parliament
IThe present government has committed itself to reform of human rights law. In particular, it seeks to repeal the Human Rights Act 1998 and introduce a British Bill of Rights. This week, two debates in Parliament were of considerable interest. ...
- Our Fundamental Rights On The Brink ~ Some Thoughts On Sunday Morning
The very essence of the European Convention on Human Rights (ECHR) is respect for human dignity. The ECHR is an instrument for the protection of individual human beings. The Convention sets out certain principles which ought to apply in civilised...
- The Conservative Party Manifesto And Human Rights
The Conservative Party manifesto states that the terms of British EU membership will be renegotiated and an in/out referendum held. The Human Rights Act will be "scrapped" and replaced by a British Bill of Rights. As for legal aid, the document...
- Protecting Human Rights ! Don't Make Me Laugh ....!
It is a huge pity that we must take the Conservative Party's document "Protecting human rights in the UK" seriously .......... but, we must! A considerable number of notable bloggers and commentators have already offered their analyses of it...