Article 8 of the European Convention on Human Rights guarantees the right to family and private life. It has become a political flashpoint because it frequently centres in headline-grabbing immigration decisions. In reality, its role is to enable … [Read more...] about Changing Article 8 of the ECHR: What is Really Possible?
The Human Rights Act 1998 (HRA) is a unique piece of constitutional law because of the way it interacts with other legislation. It can be used to evaluate whether other legislation is compatible with human rights law. In the first place, courts will … [Read more...] about UK Human Rights Violations and the Role of Parliament
Last month, Prime Minister Rishi Sunak told The Sun’s Harry Cole that Britain would leave the European Convention on Human Rights (ECHR) if it would help to prevent the arrival of small boats of asylum seekers. Sunak said, “I believe that border … [Read more...] about Leaving the ECHR: A Realistic and Viable Proposal?
Introduction In late 2023, the UK Supreme Court (UKSC) handed down their judgment in the case of R (SAA) v Secretary of State for the Home Department. In a unanimous judgment, the UKSC held that the Home Secretary’s policy that certain people … [Read more...] about The Rwanda bill: A constitutional tipping point?
Human rights lawyers across the UK rejoiced recently as Dominic Raab’s Bill of Rights Bill appeared to be consigned to the dustbin of history. At the same time, recent analysis from Alice Donald and Joelle Grogan revealed the UK’s … [Read more...] about Death by a Thousand Cuts: The Human Rights Act
On 22 June 2022 Dominic Raab published the Conservative Party’s long discussed Bill of Rights Bill which seeks to appeal and amend the Human Rights Act 1998 (HRA). Such a move goes beyond the 2019 manifesto commitment to ‘update’ … [Read more...] about Why the proposed ‘Modern’ Bill of Rights is contradictory constitutionalism
On Friday 22 April, The Constitution Society held a conference that looked at the power of the executive within the UK political system. Speakers at the conference considered the nature the government’s power and its relationship with the … [Read more...] about Conference: Executive power and the UK constitution
This is the second of a two-part set of blogs which consider the government’s Human Rights Act (HRA) consultation, which closes on 8 March 2022. The first blog, available here, examined how the government’s consultation differs from the original … [Read more...] about The government’s Human Rights Act consultation: omissions and opportunities
On 14 December 2021, after a year of work engaging with experts from across the political spectrum, the Independent Human Rights Act Review (IHRAR) published its thorough and carefully evidenced report. On the same day, the government published its … [Read more...] about The government’s Human Rights Act consultation: divergence, context and evidence
