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25 September 2015 by David Scott
Less than 48 hours before First Minister Nicola Sturgeon’s speech in Glasgow (see our coverage here), another rousing defence of the Convention was launched in Scotland. Former Attorney General Dominic Grieve addressed the Faculty of Advocates in Edinburgh on the 21st September, posing the question “Is the European Convention Working?”, and in reply giving an outstanding analysis of the reasons why the UK must remain within the Convention (full transcript available here).
by David Scott
In the interest of brevity, this post shall skim over the more “standard” defences of the Convention – highlighting the various historical “success stories”, the more serious situations in other states in comparison to the UK, the effective existing dialogue between domestic courts and Strasbourg, problems of EU membership and devolution agreements (of which we have previously discussed here) – and instead focus on the more interesting arguments he makes: namely, the important interactions between the international reputation of the UK and the authority of the Court.
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16 November 2012 by Adam Wagner
You may have heard that the Special Immigration Appeals Commission (SIAC) decided on Tuesday that Abu Qatada, an alleged terrorist who has been detained for the best part of the last seven years awaiting deportation to his native Jordan, cannot be deported. There would be a real risk, ruled SIAC, that he would face a flagrant denial of justice in his ensuing trial.
Jim Duffy has already commented on the case here, but I thought it would be useful to look at some of the commentary which followed the decision. A bit like the latest Israel-Gaza escalation, controversial human rights decisions now elicit an almost instant (and slightly sad) our-camp-versus-theirs reaction. Following a decision each ‘side’ trundles into action, rolling out the clichés without thinking very hard about the principles. The Prime Minister himself somewhat petulantly said he was “fed up” and “We have moved heaven and earth to try to comply with every single dot and comma of every single convention to get him out of this country.”
It is easy to moan about inaccurate coverage (I often do). But in this case, I do think the strong, almost visceral, reaction to the decision is justified. Leaving aside the slightly mad tabloid anti-Europe or effectively anti-justice coverage, it is understandable that people are uneasy and upset about this decision to keep a suspected terrorist within our borders, and then release him. But that doesn’t mean the decision is wrong.
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26 September 2011 by Rosalind English
Updated |NS v Secretary of State for the Home Department (Principles of Community law) [2011] EUECJ C-493/10 (22 September 2011) – read opinion
The Common European Asylum System was designed to establish a fair and effective distribution of the burden on the asylum systems of the EU Member States. Regulation No 343/2003 was passed in order to introduce a clear and workable method for determining which single Member State is responsible for determining any given asylum application lodged within the European Union. The measure was also intended to prevent forum shopping by asylum seekers.
Where a third-country national has applied for asylum in a Member State which is not primarily responsible for examining that application under the Regulation, it provides for mechanisms for the transfer of the asylum seeker to the Member State which is primarily responsible.
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28 May 2024 by anuragdeb
Let us turn to NIHRC and JR295’s applications for judicial review [2024] NIKB 35, in which the High Court disapplied sections of the Illegal Migration Act 2023 (IMA) – the Government’s flagship statute to tackle illegal migration – in Northern Ireland. It is important to understand why, despite some alarming reactions to the judgment, it was both foreseen and avoidable – and why the alarm should be sounded in the Houses of Parliament instead.
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28 March 2011 by Guest Contributor
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 the UK’s coming Chairmanship of the Council of Europe.
One does not have to be human rights sceptic to accept that there is an unequivocal case for further reform of the Strasbourg Court because, unless something is done, the current system for human rights protection at a European level is in danger of imminent collapse.
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16 December 2013 by Celia Rooney
Welcome back to the UK Human Rights Roundup, your regular festive trifle of human rights news and views. The full list of links can be found here. You can find previous roundups here. Links compiled by Adam Wagner, post by Celia Rooney.
This week, the Church of Scientology registered a win of sorts in the Supreme Court, while London’s biggest university said no to occupational student protests just as others were contemplating the possibility of gender-segregated talks Meanwhile, the Home Secretary puts forward her answer to modern day slavery, while the Joint Committee on Human Rights puts pressure on Chris Grayling regarding the proposed legal aid reforms.
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24 September 2018 by Conor Monighan
Conor Monighan reviews the Administrative Law Bar Association (ALBA) Summer Conference 2018
Brexit update – Chair: Mr Justice Lewis; Speakers: Professor Alison Young (Sir David Williams Professor of Public Law, University of Cambridge) and Richard Gordon QC
Professor Alison Young
Is it inevitable that domestic law will alter drastically after Brexit? According to Professor Young, it is entirely possible that little change will occur.
First, the CJEU will continue to have an influence on domestic law. This is because section 6(2) of the EU (Withdrawal) Act 2018 states courts/ tribunals ‘may have regard’ to CJEU decisions (including those made after exit day) if they think it appropriate.
Second, the fundamental rights enshrined in the Charter of Fundamental Rights will probably not disappear. Although Section 5(4) of the Act states that the Charter will no longer be part of domestic law, paragraph 106 of the Explanatory Notes says “those underlying rights and principles will also be converted into UK law”. Arguably, this means lawyers will still be able to use case law in which these general principles were referred to. However, a limitation to reliance on fundamental principles is set out by s.3(1) of the Schedule to the Act. This states no court/ tribunal may disapply law because it is incompatible with any of the general principles of EU law.
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3 January 2013 by Adam Wagner
Welcome to the fourth and final instalment in the epic UK Human Rights Blog review of 2012. In this post, I will review for your reading pleasure the very recent past: October to December. If you need to catch up:
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9 September 2010 by Guest Contributor
The Queen on the application of Arvdas Klimas v. Prosecutors General Office of Lithuania [2010] EWHC 2076 – Read judgment
We welcome this guest post by Michal Jorek
Will a court execute an extradition request if the prison conditions and treatment of prisoners in the requesting State are such that detention there would constitute torture, inhuman or degrading treatment or punishment?
This question was recently considered by the High Court in The Queen on the application of Arvdas Klimas v. Prosecutors General Office of Lithuania. Although the Court was clear in its pronouncement, it is arguable that aspects of its reasoning are at the very least questionable.
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2 March 2010 by Adam Wagner
The proposals for a UK Bill of Rights will be an important issue in the coming election, and we aim to keep you updated on developments. The Equality and Human Rights Commission has published a research report on a potential UK Bill of Rights. All three of the major UK political parties have pledged to institute a bill of rights in some form. The Report summarises the position:
The Labour Government is consulting the public on a UK Bill of Rights and Responsibilities, while maintaining its commitment to the HRA, including both the rights enshrined in it and the mechanisms used to implement those rights. The Conservative Party has pledged to repeal the HRA and replace it with a ‘modern British Bill of Rights’. Repealing the HRA would mean that the European Convention on Human Rights (ECHR) would no longer be incorporated into domestic law; the party has not indicated whether, or how, a future Bill of Rights might incorporate the ECHR using a different mechanism. The Liberal Democrats are committed to a written constitution with, at its heart, a Bill of Rights which would strengthen and entrench the rights guaranteed in the HRA.
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27 January 2014 by Celia Rooney
Welcome back to the UK Human Rights Roundup, your regular bountiful burst of human rights news and views. The full list of links can be found here. You can find previous roundups here. Links compiled by Adam Wagner, post by Celia Rooney.
This week, the pragmatic, political and constitutional ramifications of the Supreme Court’s decision in the HS2 case are up for debate. Meanwhile, the European Court considers whether the Charter of Rights applies in private disputes, while the domestic courts take on the tricky issue of the justiciability of US drones strikes in Pakistan. And the Court of Appeal rules on TfL’s bus advert ban.
An unashamed plug: A few tickets still left for this Thursday’s event featuring Adam Wagner amongst others – Human Rights Behind the Headlines.
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5 October 2014 by Guest Contributor
The announcement this week of a new Conservative Party plan to repeal the Human Rights Act, ‘Protecting Human Rights in the UK’, has brought to a boil a cauldron of incredulity (pictured) about the Government’s attitude towards the law. The response from human rights lawyers and advocacy groups has been swift. Liberty describes the Conservative Party plan as ‘legally illiterate’. The several ways in which that is true have already been the subject of detailed exposition. Indeed, Liberty’s response is even more accurate than it might first appear. If the Conservative Party plan is legally illiterate then it is best read as a political tactic to assure its supporters that it is the party of anti-European sentiment.
Nevertheless, if the move helps to bring about a Conservative Party government after the general election next May, then there is a great likelihood that steps will be taken to weaken the legal protection of human rights in Britain. The political pressure to do so will be even greater if the government must rely on support from Eurosceptic Members of Parliament for its majority in the House of Commons. Thus, political tactic or not, a Conservative Party-led government will likely take action against human rights law after the General Election.
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21 April 2011 by Adam Wagner
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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6 October 2010 by Adam Wagner
Two prominent public law barristers spoke last night on the future of the Human Rights Act at the annual seminar organised by the Constitutional and Administrative Bar Association.
The seminar had a special significance as the HRA has just celebrated its 10th birthday. Both speakers looked to the future of the act in light of the coming budget cuts and economic austerity policies.
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30 December 2013 by Celia Rooney
Welcome back to the UK Human Rights Roundup, your regular fluttering confetti of human rights news and views. The full list of links can be found here. You can find previous roundups here. Links compiled by Adam Wagner, post by Celia Rooney.
This week, amidst the festive cheer, controversy over European human rights rages on, in relation to both the Charter and the Convention. In other news, the posthumous pardon of Alan Turing sparks debate over the use and abuse of the royal prerogative.
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Less than 48 hours before First Minister Nicola Sturgeon’s speech in Glasgow (see our coverage here), another rousing defence of the Convention was launched in Scotland. Former Attorney General Dominic Grieve addressed the Faculty of Advocates in Edinburgh on the 21st September, posing the question “Is the European Convention Working?”, and in reply giving an outstanding analysis of the reasons why the UK must remain within the Convention (full transcript available here).
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