Search Results for: bill of rights


A Ferrari with its doors locked shut

12 January 2011 by

C-115/09 Bund für Umwelt und Naturschutz Deutschland, Landesverband Nordrhein-Westfalen eVvBezirksregierung Arnsberg Trianel Kohlekraftwerk Lünen (intervening) – read judgment

The German system of judicial review involves a “careful and detailed” scrutiny of administrative decisions. However, admissibility criteria are such that few are able to access this system, particularly groups bringing actions alleging environmental harm.

At the centre of this case is the highly topical matter,  relevant to one of the discussion threads on this site, of the trend towards a new system of environmental justice, heralded by Aarhus and the accompanying EU Directives, where national courts to are required to recognise claims brought by pressure groups alleging infringement of environmental provisions, even where there is no individual legal interest involved. The  Trianel case puts into sharp focus the debate as to whether the environment should be protected not as an expression of an individual’s interest, but as a general public interest, enforceable in the courts.
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Hyped up fuss

21 April 2011 by

This has been an interesting week for the continuing “debate” over the future of the European Court of Human Rights. Stay tuned for an explanation of the quotation marks.

First, Dominic Raab MP has released a pamphlet with the think-tank CIVITAS entitled Strasbourg in the Dock. Raab, a former lawyer, has been a vocal opponent of the European Court of Human Right as well as the Human Rights Act. The pamphlet can be read here and the press release and summary can be found here. He finds some of the European judges are “woefully lacking in experience” and, as a consequence, “are undermining the credibility and value of the Court“.

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Student fee protests and human rights protections

9 December 2010 by

Today MPs will vote on whether to increase the maximum amount universities can charge to £9,000. Contrary to many commentators’ predictions, the student protests against the increase on 10 November have not been an isolated occurrence, but the beginning of a settled campaign. But would the students be able to rely on human rights arguments to resist eviction?

The campaign has been quite literally settled in many cases, as students at (amongst other universities) UCL, SOAS, Oxford, Sheffield, Manchester Met and Newcastle have staged occupations and sit-ins. Some have moved out, but others have occupied lecture theatres since around 24 November and don’t seem to be moving anywhere any time soon. That is, unless the police or university authorities force them out.

The right to protest is covered by Article 11 of the European Convention on Human Rights, which provides that:

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Environmental compliance body urges major changes to law

8 December 2010 by

This time two years ago two obscure environmental groups,  Clientearth and the Marine Conservation Society , took a step that may make more difference to the enforcement of environmental rights in this country than all the recent high-profile “green” NGO campaigns put together.

They submitted a complaint – euphemistically called a “communication” – to the enforcement body of the Aarhus Convention, a treaty which lays down baseline rules for proper environmental justice in the EU, alerting it to various shortcomings in the legal system of England and Wales (inelegantly but conveniently referred to in the report as E & W).
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Beanstalks, bad press and the death of juries? – The Human Rights Roundup

21 June 2011 by

Welcome back to the human rights roundup, a regular bulletin of all the law we haven’t quite managed to feature in full blog posts. The full list of links, updated each day, can be found here.

by Graeme Hall

In the news:

Continuing with their assessment of the UK’s law and legal system, the Law and Lawyers’ blog has produced the latest in its series, No. 4:  Juries. This comes at an opportune moment given the recent jailing of a juror for contempt of court after using Facebook to contact an acquitted defendant. This case has seen a possible dichotomy of opinion arise: passionate supporters of trial by jury, such as barrister Felicity Gerry and Tory politician David Davis; or that of Joshua Rozenberg who poses the thorny question; “Whom would you prefer to be judged by – a highly trained, publicly accountable circuit judge? Or 12 people like [jailed juror] Joanne Fraill?”.

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Human rights for kids

1 January 2014 by

to-kill-a-mockingbird-first-edition1UKHRB editor Adam Wagner asked Twitter for suggestions of human rights kids for books… and Twitter responded! Here are some of those responses, compiled by Thomas Horton.

‘Whether Maycomb knows it or not, we’re paying the highest tribute we can pay a man. We trust him to do right. It’s that simple.’ (Harper Lee, Nelle ‘To Kill a Mockingbird’, Ch. 24)

Whether Harper Lee’s ‘To Kill a Mockingbird’ (as recommended by @Kirsty_Brimelow) will impact a child so much that they want to become a human rights lawyer is not a given. Yet there are plenty of classic novels and human rights-centered literature aimed at a younger audience which give children the opportunity to learn human rights principles. The legal twittersphere responded in their droves to suggestions of such literature, and below are just a selection of what is available:

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Reforms, flooding, and deckchairs – The Human Rights Roundup

2 April 2012 by

Welcome back to the UK Human Rights Roundup, your weekly bulletin of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.

In the news

This week we have further developments in freedom of information (both in terms of the right to free speech and the right to receive information under Article 10 of the Convention) and on the reform of courts, both at home and in Strasbourg. Also making news this week: the new Terrorist Prevention and Investigation Measures and flooding in Vladivostock.

Freedom of speech and freedom of information

This week, judgment was given in the case of Cairns v. Modi, in which Chris Cairns, former New Zealand cricketer, successfully won £90,000 in damages from Modi, the former Chairman of the Indian Premier League, who published a defamatory statement about Cairns on Twitter. Inforrm’s blog provides a case summary with a bit more detail, for those interested. Rosalind English commented on this case, and on libel cases in the context of instantaneous Internet publishing more generally, for the UK Human Rights blog on Wednesday, in which she likens the current judicial attitude to rearranging deckchairs on the Titanic.
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Blow to Parliament Square protest camp

28 March 2011 by

The Mayor of London v. Brian Haw & others [2011] EWHC 585 (QB) – read judgment.

The High Court has ruled that it would not be a breach of Articles 10 (freedom of expression) and 11 (freedom of assembly and association) to grant a possession order in respect of Parliament Square Gardens (“PSG”) and an injunction compelling protesters to dismantle and remove all tents and other structures erected on PSG. The potential effect of this might be to remove Brian Haw, the peace campaigner who has been protesting almost non-stop outside Parliament for the best part of a decade.

This is the latest in a long-running series of cases exploring the extent of the freedom to protest. We have analysed the previous court decisions about the Parliament Square protesters here and here. The issue of restrictions on freedom of assembly and freedom of expression has been a hot topic in recent months more generally, having also come up recently in the contexts of the student protests last year, political asylum seekers and hate speech.

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Aarhus Abortion Abu Qatada Abuse Access to justice administrative court adoption ALBA Allison Bailey Al Qaeda animal rights anonymity Appeals Article 1 Protocol 1 Article 2 article 3 Article 4 article 5 Article 6 Article 7 Article 8 Article 9 article 10 Article 11 article 13 Article 14 Artificial Intelligence Asbestos assisted suicide asylum Australia autism benefits Bill of Rights biotechnology blogging Bloody Sunday brexit Bribery Catholicism Chagos Islanders charities Children children's rights China christianity citizenship civil liberties campaigners climate change clinical negligence Coercion common law confidentiality consent conservation constitution contempt of court Control orders Copyright coronavirus Coroners costs court of appeal Court of Protection covid crime Cybersecurity Damages Dartmoor data protection death penalty defamation deportation deprivation of liberty Detention diplomatic immunity disability disclosure Discrimination disease divorce DNA domestic violence duty of candour duty of care ECHR ECtHR Education election Employment Employment Law Employment Tribunal enforcement Environment Equality Act Ethiopia EU EU Charter of Fundamental Rights EU costs EU law European Court of Justice evidence extradition extraordinary rendition Family Fertility FGM Finance football foreign criminals foreign office France freedom of assembly Freedom of Expression freedom of information freedom of speech Gay marriage Gaza gender genetics Germany gmc Google Grenfell Health healthcare high court HIV home office Housing HRLA human rights Human Rights Act human rights news Huntington's Disease immigration India Indonesia injunction Inquests international law internet Inuit Iran Iraq Ireland Islam Israel Italy IVF Jalla v Shell Japan Japanese Knotweed Judaism judicial review jury trial JUSTICE Justice and Security Bill Land Reform Law Pod UK legal aid legality Leveson Inquiry LGBTQ Rights liability Libel Liberty Libya Lithuania local authorities marriage Maya Forstater mental capacity Mental Health military Ministry of Justice modern slavery monitoring murder music Muslim nationality national security NHS Northern Ireland nuclear challenges nuisance Obituary ouster clauses parental rights parliamentary expenses scandal Parole patents Pensions Personal Injury Piracy Plagiarism planning Poland Police Politics pollution press Prisoners Prisons privacy Private Property Professional Discipline Property proportionality Protection of Freedoms Bill Protest Public/Private public access public authorities public inquiries public law Regulatory Proceedings rehabilitation Reith Lectures Religion RightsInfo Right to assembly right to die right to family life Right to Privacy Right to Roam right to swim riots Roma Romania Round Up Royals Russia Saudi Arabia Scotland secrecy secret justice sexual offence sexual orientation Sikhism Smoking social media Social Work South Africa Spain special advocates Sports Standing statelessness Statutory Interpretation stop and search Strasbourg Supreme Court Supreme Court of Canada surrogacy surveillance Syria Tax technology Terrorism tort Torture travel treaty TTIP Turkey UK Ukraine UK Supreme Court unduly harsh united nations unlawful detention USA US Supreme Court vicarious liability Wales War Crimes Wars Welfare Western Sahara Whistleblowing Wikileaks Wild Camping wind farms WomenInLaw YearInReview Zimbabwe
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