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 [...]
Archive for the ‘Features’ Category
Oil spills and tar sands: ecocide questions
Posted in Criminal, Environment, Features, In the news, International on June 7, 2011 | 1 Comment »
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 |
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. [...]
Reform of Strasbourg Court: a modest proposal – Aidan O’Neill QC
Posted in European, Features, In the news on March 28, 2011 | 3 Comments »
The coalition Government has appointed an independent Commission to investigate the case for a UK Bill of Rights. This Commission has also been tasked with providing advice to the Government on the possible reform of the European Court of Human Rights – as part of on the ongoing Interlaken process – ahead of and following [...]
Benefits tourism in the EU – Analysis
Posted in Case comments, Employment, European, Features, In the news on March 25, 2011 |
The case of Patmainiece v Secretary of State for Work and Pensions was reported in an earlier post. Here we discuss the underlying rationale for the decision and ask whether the finding that the nationality requirement amounted to mere indirect discrimination was a correct “fit” with EU principles of free movement. Article 18 (now article [...]
Beware the poor lawyer: the legal aid reform responses
Posted in Art. 6 | Right to Fair Trial, Features, In the news, tagged legal aid on February 18, 2011 | 4 Comments »
The consultation on the Government’s proposed reforms of legal aid closed on Monday 14th February. The reforms amount to a substantial reduction in the scope of and eligibility for legal aid. When opposition to reform of access to forests can force a Government U-turn, can opposition to reform of access to justice do the same? [...]
It’s time we packed our bags at Strasbourg, says report
Posted in Art. 10 | Freedom of Expression, European, Features, In the news, Margin of Appreciation, tagged Policy Exchange report on February 9, 2011 | 4 Comments »
Bringing Rights Back Home is the latest policy document to address the tension between judges and politicians over public policy with human rights implications. Within hours of publication of the report, a hard-hitting academic paper put together by the political scientist Michael Pinto-Duschinsky, criticism started pouring in, and there will be no doubt more huffing and puffing [...]
There should be more QC on our TV
Posted in Art. 6 | Right to Fair Trial, Features, Judges and Juries, Technology, tagged Supreme Court on December 1, 2010 | 4 Comments »
When the UK supreme court opened for business just over a year ago one of its most exciting innovations was that, for the first time in the UK, hearings would be filmed and recordings made available to broadcasters. The change followed 20 years of campaigning and preparation, and was heralded as a turning point in [...]
Failure to deport Philip Lawrence killer was not about human rights
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, Features, Immigration/Extradition, Poor reporting, tagged Chindamo, Philip Lawrence on November 29, 2010 |
It has been widely reported that Learco Chindamo, who was convicted of killing headmaster Philip Lawrence in 1995, has been rearrested only months after being released from jail. The story has reopened a debate over the Human Rights Act, on the basis that it prevented Chindamo from being deported to his native Italy. But did [...]
Pressure grows for reform of access to environmental justice
Posted in Art. 6 | Right to Fair Trial, Environment, Features, In the news, tagged Aarhus on September 15, 2010 |
Hard on the heels of the UN-ECE Aarhus Compliance Committee (see my previous post), Lord Justice Sullivan’s Working Party on Access to Environmental Justice has similarly condemned the current system under which judicial review claimants face an onerous costs burden when they advance claims which do not ultimately succeed. The Working Party reported initially in [...]
Rooney, Coulson and Hague scandals reveal the need for more, not less, press protection
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, Defamation / Libel, Features, Freedom of Information, In the news, Politics / Public Order, tagged Andy Coulson, Wayne Rooney, William Hague on September 6, 2010 | 3 Comments »
What does Wayne Rooney’s alleged philandering have to do with human rights? In itself, not very much. But a recent spate of exposés in and of the press has exposed more than a footballer’s indiscretions. The starting point from a human rights perspective is the fragile relationship between two articles of the European Convention on [...]
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Recommended- Assange v The Swedish Prosecution Authority [2012] UKSC 22 (30 May 2012) May 30, 2012Supreme Court rules by 5-2 majority that Julian Assange must be extradited to Sweden. Definition of "judicial authority" is a wide one.
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- Case law
- Assange v The Swedish Prosecution Authority [2012] UKSC 22 (30 May 2012) May 30, 2012Supreme Court rules by 5-2 majority that Julian Assange must be extradited to Sweden. Definition of "judicial authority" is a wide one.
- SCOPPOLA v. ITALY (No. 3) - 126/05 [2012] ECHR 868 (22 May 2012) May 23, 2012ECtHR Grand Chamber: automatic and indiscriminate disenfranchisement of prisoners unlawful but up to individual states how to implement changes were such a ban exist
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- MM and AO (A Child), R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 668 (18 May 2012) May 18, 2012Secretary of State acted lawfully in not ordering independent inquiry into 2009 protest at Immigration Detention Centre. Challenge by children separated from parents during protest and claiming pschiatric damage as result.
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- Assange v The Swedish Prosecution Authority [2012] UKSC 22 (30 May 2012) May 30, 2012
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UKHRB on Twitter
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Adam Wagner on Twitter
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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 |
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 [...]
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