Saturday, 25 June 2022

Reaction to the proposed Bill of Rights

This post offers links to comments about the government's proposed Bill of Rights. My own look at the Bill consist of three posts commencing at Law and Lawyers: Human Rights protection in the UK ~ the proposed Bill of Rights - No. 1 (obiterj.blogspot.com).

Under the Bill of Rights, the UK will remain a signatory to the European Convention on Human Rights and the convention will continue to bind the UK in international law. The European Court of Human Rights operates under the aegis of the Council of Europe  (and not the European Union). Judgments of the European Court of Human Rights in cases to which the UK is a party will continue to bind the UK.

The problem is that the proposed Bill of Rights will weaken the ability of UK courts and tribunals to both enforce and develop rights. It will become harder for individuals to enforce convention rights within the UK's legal system and this is likely to result in an increasing number of cases going to the European Court of Human Rights. Furthermore, the existing human rights framework is embedded into the Northern Ireland peace settlement of 1998. Reaction from Northern Ireland and other parts of the UK is awaited. The likelihood is that, in line with their previously stated stance, the Scottish government will oppose the Bill - The Human Rights Act and the British Bill of Rights - Human rights - gov.scot (www.gov.scot). The same reaction can be expected from Wales - Human rights act reform: a modern bill of rights | GOV.WALES

The Joint Committee on Human Rights produced a report in April 2022 - Human Rights Act Reform (parliament.uk) - pdf, 93 pages.



*** Commentaries ***

Links to further commentary will be added as and when they become available.

Professor Mark Elliott of Cambridge University - Public Law for Everyone blog - 

https://publiclawforeveryone.com/2022/06/23/1000-words-the-bill-of-rights/

British Institute of Human Rights

https://www.bihr.org.uk/News/bor-22june2022

https://www.bihr.org.uk/rights-removal-bill-need-to-know

Justice


Amnesty International UK


Sacha Deshmukh (Chief Executive Amnesty International) - "Ignore the name of this new legislation. It is a rights removal bill, and it will leave us all the poorer" - A British bill of rights? This draconian plan is a rights removal bill | Sacha Deshmukh | The Guardian

Law Society


Bingham Centre for the Rule of Law


Law and Policy blog


UK Constitutional Law Association

A number of posts about the Bill can be expected to appear on this website. An interesting, and somewhat different, angle is raised in this post by Tetyana Krupiy (Lecturer, Newcastle University) - Tetyana Krupiy: The Modern Bill of Rights creates barriers to challenging algorithmic decisions – UK Constitutional Law Association


Constitutional Law Matter - blog from University of Cambridge


Equality and Human Rights Commission


Media







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