Hilal Abdul-Razzaq Ali Al‐Jedda v Secretary of State for the Home Department March 29 – read judgment The Court of Appeal has allowed the suspected terrorist Al‐Jedda’s appeal against the Home Secretary’s decision to deprive him of his British nationality. The appellant, an Iraqi refugee, was granted British nationality in 2000. Four years later however [...]
Archive for the ‘Politics / Public Order’ Category
Suspected terrorist regains British citizenship
Posted in Case summaries, In the news, Politics / Public Order, Terrorism, tagged citizenship, nationality, Terrorism on March 29, 2012 | 1 Comment »
When their Lordships open their mouths extra-judicially …
Posted in In the news, Judges and Juries, Lectures, Politics / Public Order on March 23, 2012 |
Do Lord Phillips, Baroness Hale and other members of the judiciary have the right to say what they think? At first glance that seems like a ridiculous question. Firstly, it is their job to express their views on the legal disputes coming before them on an almost daily basis. Secondly, to look at it from [...]
Should gay marriage be legalised?
Posted in Art. 12 | Right to Marry / Found Family, Art. 8 | Right to Privacy/Family, Discrimination, In the news, Margin of Appreciation, Politics / Public Order, tagged Gay marriage on March 15, 2012 | 1 Comment »
The Government has begun its consultation on whether the ban on marriage between people of the same sex should be removed. As suggested by the consultation’s title - Equal civil marriage consultation - the Government is only proposing to remove the ban on civil gay marriage. The consultation document makes clear that it is “limited to consideration of civil marriage [...]
Future of human rights court must not be decided by shadowy late night deals – Angela Patrick
Posted in Bill of Rights, European, Features, In the news, Politics / Public Order, tagged European Court of Human Rights, human rights on March 13, 2012 | 1 Comment »
This post, by Angela Patrick, Director of Human Rights Policy at JUSTICE, is the fourth in a series of posts analysing the UK’s draft “Brighton Declaration” on European Court of Human Rights reform. It’s a busy week for the debate on human rights reform. Today at 2:15pm, the Joint Committee on Human Rights will question [...]
What happened to open justice? Further analysis on torture evidence secrecy decision
Posted in Art. 3 | Torture / Inhumane Treatment, Case comments, Case law, Politics / Public Order, tagged human rights, immigration appeals on March 9, 2012 | 5 Comments »
In W (Algeria) (FC) and BB (Algeria) (FC) and others v Secretary of State for the Home Department [2012] UKSC 8 – read judgment The Supreme Court has made a difficult decision. It is sometimes said that hard cases make bad law: this ruling may prove to be a good example of that cliché. The court was not [...]
Law, politics, and the draft Brighton Declaration – Dr Mark Elliott
Posted in Bill of Rights, European, Features, In the news, International, Politics / Public Order, tagged Brighton Declaration, European Court of Human Rights, human rights on March 9, 2012 | 2 Comments »
This is the third in a series of posts analysing the UK’s draft “Brighton Declaration” on European Court of Human Rights reform. Although not a “supreme law bill of rights”, the Human Rights Act 1998 is a significant constraint upon the political-legislative process. In this post, I argue that the extent of that constraint would [...]
Who should have the final word on human rights? – Dr Ed Bates
Posted in European, In the news, International, Politics / Public Order, tagged European Court of Human Rights reform on March 6, 2012 | 3 Comments »
This is the first in a series of posts analysing the UK’s draft “Brighton Declaration” on European Court of Human Rights reform. Much of the criticism directed toward the European Court of Human Rights over the last year or so, in this country at least, has been that it is too ready to overrule decisions [...]
Poor not singled out by rise in university fees, rules court
Posted in Case comments, Education, In the news, Politics / Public Order, Protocol 2 Art. 1 | Right to education, Spending cuts on February 22, 2012 | 1 Comment »
Hurley and Moore v Secretary of State for Business, Innovation and Skills [2012] EWHC 201- read judgment This judgment, the latest in an expanding list of decisions on challenges to the Coalition government’s spending cuts, is an interesting example of judicial restraint and deference to the government on issues of macro-policy, at a time when [...]
Attorney General nuances the PM’s dig at European Court
Posted in Bill of Rights, In the news, Lectures, Margin of Appreciation, Politics / Public Order, tagged European Court of, human rights on January 31, 2012 | 2 Comments »
The Prime Minister’s speech at the Council of Europe (see our coverage here) has attracted significant press attention over the past week – ranging from flag-waving, sabre-rattling support to criticism from Sir Nicholas Bratza (the British President of the Court). Hot on the heels of Cameron’s address on Wednesday, the Attorney-General Dominic Grieve gave a [...]
More secret trials? No thanks
Posted in Art. 6 | Right to Fair Trial, Costs and Procedure, Freedom of Information, In the news, Inquests and Inquiries, Judges and Juries, Police, Politics / Public Order, Terrorism, tagged civil proceedings, consultation responses, Justice and Security Green Paper, terrorism legislation on January 31, 2012 | 3 Comments »
A child learns early that if you don’t have anything nice to say, don’t say it. Thankfully that principle does not apply to Government consultations and this is aptly demonstrated by a group of responses to the consultation into whether “closed material” (secret evidence) procedures should be extended to civil trials. Of the responses that [...]
Is Strasbourg obsessively interventionist? A view from the Court – Paul Harvey
Posted in European, In the news, Judges and Juries, Politics / Public Order, Poor reporting on January 24, 2012 | 1 Comment »
Andrew Tickell in his recent post (Is the European Court of Human Rights obsessively interventionist?) makes a number of important points about the European Court of Human Rights’ approach to admissibility, in particular the application of the manifestly ill-founded criterion. Perhaps understandably, the majority of legal scholars have preferred to focus on the more substantive [...]
Mr Cameron goes to Strasbourg
Posted in European, In the news, Politics / Public Order on January 24, 2012 | 13 Comments »
Updated | In the 1939 film Mr. Smith Goes to Washington, James Stewart plays a local Boy Rangers leader who becomes a US Senator and, against all odds, triumphs agains the corrupt bureaucrats in Washington. Tomorrow, according to The Sun, “battling” Prime Minister David Cameron will be travelling to Strasbourg in, it would seem, similar [...]
Occupy London to be evicted – full judgment
Posted in Art. 11 | Freedom of Association, Housing, In the news, Politics / Public Order, tagged protest camp, tent city on January 18, 2012 | 2 Comments »
The City of London has succeeded in its court High Court battle against the Occupy London movement which is currently occupying an area close to St Paul’s Cathedral. As things stand, subject to any appeals, the movement has been evicted. The Judiciary website will be publishing the full judgment tomorrow morning, but for those seeking [...]
Gibson rendition and torture inquiry has been scrapped
Posted in Art. 3 | Torture / Inhumane Treatment, In the news, Inquests and Inquiries, Politics / Public Order, Technology, tagged Ken Clarke, police investigations on January 18, 2012 | 2 Comments »
1 Crown Office Row’s Philippa Whipple QC was leading counsel to the Gibson Inquiry. She is not the writer of this post The Justice Secretary has told Parliament that the Gibson Inquiry tasked with considering whether Britain was “implicated in the improper treatment of detainees, held by other countries, that may have occurred in the [...]
Welcome!
Browse by legal topic
Recommended- Latest human rights developments in the UK: 21/5/2012 – 27/5/2012 - Law Think May 27, 2012
- UK Blawg Review #10 – Part 1 - May 27, 2012
- Can the UK suspend free movement? - Free Movement Blog May 27, 2012
- Prisoners’ votes: Ballot and chain | The Economist May 25, 2012THE vexed issue of voting rights for prisoners combines two of the Conservative Party’s main preoccupations: penal policy and the European Court of Human Rights (ECHR)...
- We must defy Strasbourg on prisoner votes - David Davis and Jack Straw, Telegraph May 24, 2012
- Sunlight is the best disinfectant: open justice and company law proceedings May 24, 2012
- Names and CVs of Candidate Judges for Eight Countries May 24, 2012
- UK to resist giving prisoners the vote despite European court ruling | Law | The Guardian May 23, 2012
- Case law
- 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
- Dishonesty in entry clearance applications May 21, 2012An Upper Tribunal (UT) decision confirms that, where an application for entry clearance is “marred by dishonesty” – whether in the applicant’s knowledge or not and even where the applicant is presently eligible for entry – it is not a disproportionate response for the Home Secretary to refuse the application, even in light of Article 8
- 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.
- British Sky Broadcasting Ltd & Ors, R (on the application of) v Chelmsford Crown Court [2012] EWHC 1295 (Admin) (17 May 2012) May 17, 2012Sky, BBC, ITN etc. succeed in JR of decision by court to order production of 100+ hours of video footage to Essex Police of Dale Farm protesters: "... there were no reasonable grounds for believing that the footage of over 100 hours included material likely to be of substantial value to the investigation"
- Humphreys v Revenue and Customs [2012] UKSC 18 (16 May 2012) May 16, 2012Supreme Court: paying child tax credit to "main" care giver not discriminatory under art.14 ECHR to father caring for child 3 days per week. The specific test for justifying discrimination in the context of state benefits is that with questions of social and economic strategy the Court will generally respect the legislature’s policy choice unless i […]
- Hounga v Allen & Anor [2012] EWCA Civ 609 (15 May 2012) May 16, 2012Court of Appeal: Person knowingly working illegally cannot bring racial discrimination claim against "employers"
- SCOPPOLA v. ITALY (No. 3) - 126/05 [2012] ECHR 868 (22 May 2012) May 23, 2012
-
UKHRB on Twitter
- Weekend catchup from Wessen Jazrawi- prisoner voting, Bratza's replacement and peaceful protest- human rights roundup ukhumanrightsblog.com/2012/05/27/pri… 3 hours ago
- #Prisonervotes is generating some strong and contrasting opinions- see Aitken v David and Straw: guardian.co.uk/commentisfree/… telegraph.co.uk/news/uknews/la… 2 days ago
- Fresh on the blog by Reuven Ziegler: the case for letting prisoners vote ukhumanrightsblog.com/2012/05/24/the… 2 days ago
- New from @rosalindenglish- police denied TV footage of Dale Farm evictions ukhumanrightsblog.com/2012/05/24/pol… 3 days ago
- Prisoner votes ruling continuing to have political repercussions guardian.co.uk/law/2012/may/2… #prisonervotes 3 days ago
- SC: for Art 6 compliance, cts can, in exceptional circumstances, extend period for filing and serving notice of appeal #extradition 3 days ago
Adam Wagner on Twitter
- RT @MsLods: UK: Barrister who called opposing lawyers "slimebags" on twitter struck off. telegraph.co.uk/news/uknews/la… (ping @journlaw) 24 minutes ago
- Is David Mitchell being serious or not? Human rights … or just an excuse for Strasbourg to tell Britain what to do? gu.com/p/37pfb/tw 2 hours ago
- Prisoner voting, Bratza's replacement and peaceful protest > this week's UK #humanrights roundup just posted wp.me/pJiO3-3Fb 2 hours ago
- It's here! @charonqc tells it as it is > UK Blawg Review #10 – Part 1 j.mp/JG8V4Y 6 hours ago
- Oh! Extraordinary goings on at Charles Taylor's war crimes trial... > More on the Removal of Judge Sow j.mp/LnNQH1 2 days ago
- RT @koldo_casla: One of the best pieces I´ve ever read on the case for letting prisoners vote - Reuven Ziegler wp.me/pJiO3-3F7 via ... 2 days ago
- Recent posts
- Prisoner voting, Bratza’s replacement and peaceful protest – The Human Rights Roundup May 27, 2012 Wessen Jazrawi
- The case for letting prisoners vote – Reuven Ziegler May 24, 2012 1 Crown Office Row
- Police denied TV footage of Dale Farm evictions May 24, 2012 Rosalind English
- Time extended for appeals under Extradition Act May 23, 2012 Rosalind English
- Why no public appointment hearings for UK’s new European Court of Human Rights judge? May 23, 2012 Adam Wagner
- Don’t rely on human rights in a dismissal claim May 22, 2012 Martin Downs
- European Court of Human Rights retreats but doesn’t surrender on prisoner votes May 22, 2012 Adam Wagner
- Pssst… no secret hearings in naturalisation cases May 22, 2012 Isabel McArdle
Disclaimer
Kettling: Can a public interest motive justify a deprivation of liberty or not? – Robert Wastell
Posted in Art. 10 | Freedom of Expression, Art. 11 | Freedom of Association, Art. 5 | Right to Liberty, Case comments, Case summaries, Police, Politics / Public Order on April 2, 2012 | 1 Comment »
Austin & Others v. The United Kingdom, [2012] ECHR 459, 15th March 2012 – read judgment The Grand Chamber of the ECtHR recently tackled the question of whether the police tactic of “kettling” (verb, UK, of the police – to contain demonstrators in a confined area) amounted to a deprivation of the liberty of four [...]
Read Full Post »