Jane Rooney: The Extraterritorial Application of the Human Rights Act: Overseas Military Operations and Beyond – UK Constitutional Law Association

Posted November 22nd, 2022 in armed forces, bills, constitutional law, human rights, news by sally

‘With the reinstatement of Dominic Raab as Secretary of State for Justice, the Bill of Rights Bill, currently before Parliament, is once again a possibility only weeks after Liz Truss halted its progression on account that it was a ‘complete mess’. This post examines the Bill’s provisions on overseas military operations, how they compare with the UK judiciary’s approach, the Overseas Operations (Service Personnel and Veterans) Act 2021, and the European Court of Human Rights (ECtHR) jurisprudence. Also highlighted are other extraterritoriality issues outside overseas military operations that the UK will have to consider.’

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UK Constitutional Law Association, 22nd November 2022

Source: ukconstitutionallaw.org

Christian Magaard: Reconciling the Proactive Principle of Legality with Parliamentary Sovereignty – UK Constitutional Law Association

Posted November 18th, 2022 in bills, constitutional law, human rights, news, parliament by tracey

‘Rising like an arguably rather dark phoenix from the ashes, the Bill of Rights Bill now appears back on the legislative agenda. Yet again, the repeal of the Human Rights Act 1998 (HRA) seems somewhat inevitable, unless cabinet will once again implode in turmoil. In this light, the potential of the common law to provide a system of rights protection of similar vigour to that of the HRA has rightly gained much attention. The previous debate has largely focused on the content and development of common law rights and the structural potentials of the common law constitution. In contrast, this post will shed some light on what Mark Elliott described as the rigour of rights protection. The repeal of s. 3 HRA is surely one of the major cuts of judicial competences that the Bill of Rights Bill aims to undertake. Reinforcing a suggestion made by Eirik Bjorge and Michael Foran, it will hence be argued that the judiciary may well fill this protection gap by applying the proactive principle of legality (PoL). The use of this principle, however, can only be justified by acknowledging a new doctrinal foundation that reconciles it with parliamentary sovereignty.’

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UK Constitutional Law Association, 17th November 2022

Source: ukconstitutionallaw.org

Shona Wilson Stark: Section 4 of the Human Rights Act 1998: Still Standing, or Standing Still? – UK Constitutional Law Association

Posted November 18th, 2022 in bills, constitutional law, human rights, news by tracey

‘In previous work, I have criticised the courts’ apparent confusion and/or uneasiness with the making of declarations of incompatibility under section 4 of the Human Rights Act 1998 (“HRA”). I have argued that the courts have paid insufficient mind to the fact that the regime under sections 3-4 of the HRA is different to the regime under HRA sections 6-9. The related questions of who has standing to bring a section 4 claim and what “incompatibility” means are unresolved. In this post, I recap my argument and attempt to ignite a discussion about the proper purpose of section 4, prior to any future human rights reform.’

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UK Constitutional Law Association, 16th November 2022

Source: ukconstitutionallaw.org

Frederick Cowell: The Three Eras of Opposition to the Human Rights Act – UK Constitutional Law Association

‘Before it entered the statute books, before it even had been brought to Parliament, the Human Rights Act (HRA) was subject to opposition which was to only strengthen over time. The nature of that opposition has varied since the publication of White Paper Rights Brought Home in October 1997, but it has served as a vehicle, and site of contestation, for many constitutional debates and disagreements over the past quarter century. Opposition to the HRA is also a reflection of broader social change in British society in the twenty-first century and this understanding is key to any analysis of contemporary proposals for reform.’

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UK Constitutional Law Association, 14th November 2022

Source: ukconstitutionallaw.org

Merris Amos: The place of human rights in the Constitution of the United Kingdom – UK Constitutional Law Association

Posted November 11th, 2022 in constitutional law, human rights, news by tracey

‘Recently I have had the great pleasure of convening the SLS Annual Seminar – The Human Rights Act After 22 Years. Rather than formal papers, and yet another edited collection, it was agreed that following the event we would try to capture the contributions in a series of blog posts for the UKCLA Blog. Having learned so much during the seminar, I am now getting things started with this short post.’

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UK Constitutional Law Association, 9th November 2022

Source: ukconstitutionallaw.org

UK’s treatment of asylum seekers must comply with international law, UN says – The Independent

‘The UK should make sure its “treatment of asylum seekers complies with international laws”, members of the United Nations Human Rights Council said.’

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The Independent, 10th November 2022

Source: www.independent.co.uk

Government planning definition of “gypsies and travellers” unlawfully discriminatory, Court of Appeal rules – Local Government Lawyer

‘A decision on a planning application made by settled Travellers by North West Leicestershire District Council and the Secretary of State for Levelling Up, Housing & Communities has been quashed by the Court of Appeal.’

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Local Government Lawyer, 9th November 2022

Source: www.localgovernmentlawyer.co.uk

UK rolling back efforts to tackle modern slavery, charity says – The Guardian

‘The UK has been accused of “rolling back” moves to tackle modern slavery before a UN review of its human rights record on Thursday.’

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The Guardian, 8th November 2022

Source: www.theguardian.com

Just Stop Oil: High Court grants injunction to prevent M25 protests Published 23 hours ago – BBC News

‘A High Court injunction has been granted to prevent Just Stop Oil protesters disrupting the M25.’

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BBC News, 6th November 2022

Source: www.bbc.co.uk

The latest injunction against HS2 protestors bans nearly everyone anywhere on 170 mile route – UK Human Rights Blog

‘High Speed Two (HS2) Limited and the Secretary of State for Transport v Four Categories of Persons Unknown and Ross Monaghan and 58 other Named Defendants [2022] EWHC 2360 (KB). This case involved the application, and grant, of an interim injunction in the “unknown” as well as “known” protester context by Knowles J in the Birmingham District Registry.’

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UK Human Rights Blog, 7th November 2022

Source: ukhumanrightsblog.com

The small boats storm and the unlawful seizure of mobile phones – UK Human Rights Blog

‘The storm raging around small boats arriving on the south coast has been brewing for some time. In early summer the focus was a policy to send arrivals to Rwanda. Intervention by the European Court of Human Rights effectively suspended flights while a domestic ruling on the policy’s legality is awaited. Meanwhile, in Dover a migrant processing centre has been firebombed, another is dangerously overcrowded, and the new Home Secretary raises tensions by speaking of an “invasion”.’

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UK Human Rights Blog, 4th November 2022

Source: ukhumanrightsblog.com

How Immigration Detention Violates People’s Human Rights – Each Other

‘People held in immigration detention have human rights – just like the rest of us. Under international law and the Human Rights Act 1998 (HRA), people have a right to liberty, a family life, an adequate standard of living and other aspects.’

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Each Other, 4th November 2022

Source: eachother.org.uk

The Number of People Held in Prison Waiting To be Transferred to Immigration Centres has Tripled – Each Other

Posted November 2nd, 2022 in detention, human rights, immigration, legal advice, legal aid, news, prisons, statistics by sally

‘While the number of people held in Immigration Removal Centres (IRC) fell as a result of the pandemic, the number of people detained in prisons for immigration reasons increased. A freedom of information response obtained by the charity Bail for Immigration Detainees (BID) has revealed a concerning rise in the numbers of people held in prisons under immigration powers, awaiting transfers to an IRC.’

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Each Other, 2nd November 2022

Source: eachother.org.uk

Claimants say Government sewage overflow plan contrary to ancient common law rights in pre-action letter – Local Government Lawyer

‘A surfer and an oyster supplier have joined with the Good Law Project to threaten a judicial review of a Government plan they argue will allow the discharge of untreated sewage into water bodies to continue for decades, breaching their “ancient” common law rights under the Public Trust Doctrine (PTD).’

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Local Government Lawyer, 31st October 2022

Source: www.localgovernmentlawyer.co.uk

Is Rishi Sunak Prepared to Break International Refugee Law? – Each Other

Posted November 1st, 2022 in asylum, human rights, news, refugees, treaties by sally

‘During his summer leadership bid against Liz Truss, prime minister Rishi Sunak said he wanted to give Parliament powers to cap the number of refugees Britain accepts each year. His proposal was part of a ten-point plan on immigration, which also included tightening the definition of who can qualify for asylum and doing “whatever it takes” to pursue the government’s plan to offshore asylum seekers to Rwanda.’

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Each Other, 31st October 2022

Source: eachother.org.uk

UK police use of live facial recognition unlawful and unethical, report finds – The Guardian

Posted October 28th, 2022 in facial mapping, human rights, news, police, privacy, race discrimination by tracey

‘Police should be banned from using live facial recognition technology in all public spaces because they are breaking ethical standards and human rights laws, a study has concluded.’

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The Guardian, 27th October 2022

Source: www.theguardian.com

Information commissioner warns firms over ‘emotional analysis’ technologies – The Guardian

‘The information commissioner has warned companies to steer clear of “emotional analysis” technologies or face fines, because of the “pseudoscientific” nature of the field.’

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The Guardian, 25th October 2022

Source: www.theguardian.com

What Could Prime Minister Rishi Sunak Mean for Human Rights? – Each Other

‘Rishi Sunak has become prime minister, replacing Liz Truss as leader of the party after rival Penny Mordaunt dropped out of the race. It comes less than two months after he lost the leadership race to Truss, who resigned following the shortest-ever tenure as prime minister. Sunak, who previously served as chancellor under prime minister Boris Johnson, is the third British prime minister to serve since September this year.’

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Each Other, 25th October 2022

Source: eachother.org.uk

Government legacy bill risks breaches of human rights law, committee finds – The Independent

‘Proposed Government legislation to deal with the legacy of Northern Ireland’s Troubles risks widespread breaches of human rights law, a Westminster committee has found.’

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The Independent, 26th October 2022

Source: www.independent.co.uk

Human Rights Act reform – House of Commons

Posted October 20th, 2022 in bills, human rights, news, repeals by sally

‘During Boris Johnson’s premiership the Government published a Bill of Rights Bill which would repeal the Human Rights Act 1998 and replace it with a new framework to implement the European Convention on Human Rights. The Bill has not yet had its second reading and its fate is now unclear.’

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House of Commons, 19th October 2022

Source: commonslibrary.parliament.uk