Archive for the ‘Human Rights Act’ Category

January 27, 2012 1

What rights, enforced where? Some answers from the Attorney General

By David Lawson in Human Rights Act

    Author: David Lawson is a barrister at Hardwicke and Public Law specialist. Two easy answers are offered by those who object to a rights based approach to legal decision making – repeal the Human Rights Act and remove the right of individual petition to the European Court of Human Rights.  Neither of those [...]

October 28, 2011 2

European Court vs the UK: the consequences of ignoring judgments

By Leon Glenister in Human Rights Act, Right to vote

It is no secret that there has been a frosty relationship of late between the European Court of Human Rights (‘ECtHR’) and the British government. Dominic Grieve this week announced his intention to go to the ECtHR to fight their decision on prisoner voting. The question arising is: what happens where the European Court disagrees [...]

June 9, 2011 Off

Article on Big Society’s effect on the Human Rights Act published in The Guardian

By Law Think in Human Rights Act

In case you didn’t catch it, yesterday The Guardian published an article by Law Think’s Leon Glenister entitled ‘Care homes crisis points to dangers in the big society’. It focusses on the enforcement of Convention rights only against ‘public authorities’, and the implications the big society will have on this. It can be accessed here.

April 14, 2011 2

Who is the master? Courts or Parliament?

By Leon Glenister in Human Rights Act

Parliamentary sovereignty, the principle Parliament can make or unmake any law it chooses, is a bedrock principle in the British constitutional system. But what if Parliament chooses to pass a law dissolving marriages between blacks and whites? Or a law that confiscated the property of all red haired women? Can the court overrule such unjustifiable, [...]

February 25, 2011 4

The Big Society’s blow to the Human Rights Act

By Leon Glenister in Human Rights Act

“The state will have to justify why it should ever operate a monopoly” – the words of David Cameron outlining his intentions for the Big Society. Contracting out public services is central to government policy. But this creates a quiet but potentially very destructive threat to the Human Rights Act. Under the Act, only a [...]

February 16, 2011 5

Celebrated Decisions of the European Court of Human Rights

By Yaaser Vanderman in Freedom of expression, Human Rights Act, Right to vote

Last week we witnessed Politicians, plebeians and the press form an unlikely union in roundly condemning the European Court of Human Rights, and in no uncertain terms. It was the prospect of ‘surrendering’ the vote to prisoners that had everyone so flummoxed. This led to the remarkable statement of Jack Straw in the House of [...]

February 15, 2011 Off

Going it alone- is a British Bill of Rights really the answer?

By Law Think in Human Rights Act

Guest blog: Stephen Dimelow is currently a DPhil candidate in the Law Faculty of the University of Oxford. His research is primarily concerned with British constitutional law. Prisoners’ voting rights has now been transformed into a broader question which at its heat challenges the European human rights project. In this post I will consider the [...]

February 7, 2011 3

The media, misconceptions, and the Human Rights Act

By Leon Glenister in Human Rights Act

A casual browse of the comments section on any tabloid newspaper will show that that much of the British population have more than a mild disdain for the Human Rights Act. However these comments come off the back of articles that completely misrepresent that Act, and it is disappointing to think the major culprits behind [...]

January 26, 2011 2

The suitable role of socio-economic rights

By Leon Glenister in Human Rights Act, Miscellaneous

Alice Donald has written an interesting article in the Guardian on socio-economic rights. To summarise the piece, if I may, she argues that socio-economic rights provide a framework to protect the interests of those who are worst affected by government cutbacks, such as the 200,000 children who are predicted to fall into poverty. To the [...]

January 19, 2011 2

The Hall and Preddy case and the increasingly horizontal nature of rights

By Leon Glenister in Equality, Human Rights Act

The discussion since yesterday on the decision for Martyn Hall and Steven Preddy’s discrimination claim has focussed on discrimination and the hotel owner’s right to religion. It surprises me that no-one has commented as yet on the effects of this type of law which enforces certain standards on individuals and businesses in how they operate. [...]