On 25 January 2012 Justice Edwin Cameron, Justice of the Constitutional Court of South Africa, delivered an emotive and thoughtful talk entitled “What you can do with rights”. The Law Commission’s annual Lord Scarman Lecture covered apartheid, AIDS denialism, LGBT rights and delved into the essence of moral humanity. It was a lecture delivered with skill and fluency, [...]
Archive for the ‘Features’ Category
What you can do with rights – Justice Edwin Cameron
Posted in Features, International, Lectures, tagged constitutional court of south africa, Justice Cameron, Law Commission, South Africa, systemic violence on February 7, 2012 | Leave a Comment »
Aarhus and environmental judicial review: cracking legal costs per Jackson LJ
Posted in Costs and Procedure, Environment, European, Features, In the news, International on February 2, 2012 | Leave a Comment »
In October 2011, I posted on an important consultation, Cost Protection for Litigants in Environmental Judicial Review Claims, in which the Ministry of Justice wheeled out its proposals to get it out of the various scrapes caused by the expense of environmental challenges. The Aarhus Convention requires that environmental challenges not be “prohibitively expensive”, and both the European [...]
Strasbourg is not the Vatican…yet.
Posted in Article 1 | ECHR jurisdiction, Features, In the news, tagged Bill of Rights, European Court of Human Rights, human rights, Prisoners on December 6, 2011 | 5 Comments »
Behind the Times paywall Anthony Lester today declares that “Sniping at Strasbourg will only hinder reform”. In his guest column, he says that Court is suffering unfair criticism from “sections of the British media” and “politicians who accuse it of over-reaching its power”. That may well be the case, but the most searing and authoritative [...]
Ministry of Justice on Aarhus and environmental judicial review: its get out of jail card?
Posted in Costs and Procedure, Environment, European, Features, In the news, International on October 22, 2011 | Comments Off
Cost Protection for Litigants in Environmental Judicial Review Claims In this consultation announced this week, the Ministry of Justice is trying to get itself out of the multiple Aarhus problems facing UK justice. Infraction proceedings are threatened in the EU Court, and adverse conclusions were reached by Aarhus Compliance Committee; all much posted about on this blog, for which see [...]
Human rights – Strasbourg or Luxembourg?
Posted in European, Features, In the news on September 9, 2011 | 2 Comments »
When a Convention right arises in circumstances which also engage EU law, which court is the final arbiter of their meaning and application? This is not as arcane a question as it appears, since in the UK many cases engage points of EU law, so Convention rights, which are part of the “general principles” of [...]
There’s no place like home… if you have one
Posted in Features, Immigration/Extradition, In the news, International, tagged statelessness on August 25, 2011 | Comments Off
There are somewhere in the region on 12 million people worldwide who have no nationality. Being stateless can create enormous problems, from being unable to rely on diplomatic assistance to having no home country with an automatic right to return to. The risk to stateless of people of having their human rights breached to is great. [...]
The Environmental Tribunal: the view from Auckland
Posted in Costs and Procedure, Environment, Features, In the news, International on July 8, 2011 | 1 Comment »
Access to environmental justice is as topical as ever. Delegates at the recent conference of the United Kingdom Environmental Law Association (UKELA), held in late June at UEA in Norwich (yards from the Climatic Research Unit much in the news) argued that the current regime in this country is unsatisfactory – because of the cost, but [...]
Nature: give it a right or put a price on it?
Posted in Environment, Features, In the news on June 14, 2011 | 1 Comment »
A recent guest post from Begonia Filgueira celebrated the move by the Bolivian Parliament to accord rights in law to Nature. It rightly commanded considerable attention but not all readers were ecstatic. So when last week DEFRA came out with a rather different approach to valuing nature in its Natural Environment White Paper – the first in 20 years – it was [...]
Does “bringing rights home” mean bringing problems home too?
Posted in 1COR, Art. 2 | Right to life, BLOG POSTS, Case comments, Case law, Case summaries, Features, Inquests and Inquiries, International, Margin of Appreciation, Police, Politics / Public Order, Terrorism on June 13, 2011 | Comments Off
McCaughey & Anor, Re Application for Judicial Review [2011] UKSC 20 (18 May 2011)- Read judgment The Supreme Court has followed the European Court of Human Rights in ruling that an inquest into the death of two people killed before the introduction of the Human Rights Act is still bound by the rules laid down [...]
Oil spills and tar sands: ecocide questions
Posted in Criminal, Environment, Features, In the news, International on June 7, 2011 | 1 Comment »
Our guest post from Frances Aldson last week drew many and varied comments from our readers on this blog and elsewhere, including those at each end of a spectrum ranging from the enthusiastic to the choleric. This follow-up post is designed for those who have no strong views but who want to muse on the implications [...]
Why can’t objectors appeal a planning consent or environmental permit?
Posted in Environment, Features, In the news on June 6, 2011 | 2 Comments »
The ticklish question of how to come up with a cheap but effective form of environmental judicial review still has not been answered. One way talked about at a recent seminar on environmental tribunals (see John Jolliffe’s post of today) is to use the environmental part of the new tribunal system, and have judicial reviews heard [...]
Pearls and badgers – location, location, location
Posted in Case comments, Environment, European, Features on April 14, 2011 | Comments Off
Here we are, back with the access to environmental information question…From rape, bees and lettuces , a coda, involving a diversion via a new road scheme planned for Aberdeen taking in pearls and badgers, crossing the River Dee Special Area of Conservation. An opponent of the project brought a claim against the UK government before [...]
Aarhus breaches all round?
Posted in Environment, European, Features, In the news on April 13, 2011 | 1 Comment »
On 6 April 2011, the European Commission announced that it has decided to refer the UK Government to the Court of Justice of the European Communities under Article 258 TFEU, for failing to provide affordable access to justice in environmental cases. This blog has previously charted some of the twists and turns in the process [...]
Do burglars have human rights?
Posted in Art. 10 | Freedom of Expression, Art. 2 | Right to life, Art. 3 | Torture / Inhumane Treatment, Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Criminal, Features, In the news, Politics / Public Order on April 4, 2011 | 4 Comments »
The proposition that burglars have rights incites debate, and sometimes anger, which is often directed towards the Human Rights Act 1998 and the European Convention of Human Rights. However, on closer examination, the idea of “burglars’ rights” is not a new phenomenon in English law, and nor has it been imposed upon us by Strasbourg. [...]
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Recommended- The Fat Tax - Daniel Barnett - Dale & Co. February 9, 2012
- Case Law: Axel Springer v Germany, Grand Chamber finds violation of Article 10 – Sara Mansoori February 9, 2012
- Supreme Court decision on Rabone v Pennine Care NHS Trust - Hempsons February 9, 2012
- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012Student fails in human rights challenge to Enhanced Criminal Records Certificate with warning incurred when he was 11 for theft of 2 bicycles
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- Wigs off, jeans on at the Judicial College | Joshua Rozenberg | Law | guardian.co.uk February 8, 2012
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- Case law
- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012Student fails in human rights challenge to Enhanced Criminal Records Certificate with warning incurred when he was 11 for theft of 2 bicycles
- Othman v Secretary of State for the Home Department [2012] UKSIAC B1 (6 February 2012) February 8, 2012Terrorist suspect Abu Qatada granted bail on strict conditions. However, Secretary of State must show evidence of progress in his deportation in next 3 months then deprivation of liberty will no longer be justifiable.
- AT v Secretary of State for the Home Department [2012] EWCA Civ 42 (07 February 2012) February 7, 2012Control order of member of Libyan Islamic Fighting Group ruled unlawful as wasn't given enough information about case against him as mandated in A v UK
- Moussaoui, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 126 (Admin) (03 February 2012) February 6, 2012Detention of Mentally ill foreign criminal pending deportation was unlawful as regular reviews not carried out. Given damages of £1
- Coogan v News Group Newspapers Ltd & Anor [2012] EWCA Civ 48 February 1, 2012Investigator Glen Mulcaire loses self-incrimination appeal against order that he should reveal phone hacking clients.
- D and S, R (on the application of) v Manchester City Council [2012] EWHC 17 (Admin) (12 January 2012) January 31, 2012Chalenge by 2 elderly disabled people to £17m adult social care cuts by Manchester City Council fails. Consultation and regard to equality duties adequate.
- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012
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UKHRB on Twitter
- RT @SkyNewsBreak: David Cameron has spoken to King Abdullah of Jordan to try to extradite radical cleric Abu Qatada 21 minutes ago
- RT @daniel_barnett: Here's what I REALLY think about the Stott case - http://t.co/gCIHyevb. @AdamWagner1 also has excellent piece at htt ... 57 minutes ago
- Congrats to @1crownofficerow's Martin Forde QC, to fill Judicial Appointments Commission vacancy left by Lord Sumption http://t.co/wu7yVWAx 2 hours ago
- RT @INFORRM: Case Law: Axel Springer v Germany, Grand Chamber finds violation of Article 10 - Sara Mansoori http://t.co/r5pBIQU3 2 hours ago
- ... would have found that but for case law! Mr Justice Parker inviting Court of Appeal / Supreme Court to bite the bullet here 2 hours ago
- ... also gives permission to appeal. Wld have found scheme "provides no mechanism for review.. disproportionate.. not compatible with A8.".. 2 hours ago
- ... police warning were for theft of 2 bicycles when 11, student now 20. High Court judge "reluctantly" finds no breach of article 8... 2 hours ago
- Recent posts
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- Please stow your rights in the overhead compartment February 9, 2012 Rosalind English
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- Libya employee can sue for dismissal in UK February 8, 2012 Rosalind English
- Times contempt challenge thrown out in Strasbourg February 8, 2012 Adam Wagner
- Indefinite detention: not very British February 8, 2012 freemovement
- UK Supreme Court is tweeting, but where are the other courts? February 7, 2012 Adam Wagner
- Axel Springer and Von Hannover: Grand Chamber victory for media – Inforrm February 7, 2012 1 Crown Office Row
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Please stow your rights in the overhead compartment
Posted in Case comments, Case law, Damages, Discrimination, European, Features, In the news, International, tagged air travel, compensation, passengers rights on February 9, 2012 | 1 Comment »
Stott v Thomas Cook Operators and British Airways Plc [2012] EWCA Civ 66 – read judgment If you need reminding of what it feels like when the candy-floss of human rights is abruptly snatched away, take a flight. Full body scanners and other security checks are nothing to the array of potential outrages awaiting passengers [...]
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