Tag: Human Rights

Brexit: supreme logic required

Much has been written about the Government’s appeal to the Supreme Court in the Brexit case. Political commentators tell us that the appeal is very likely to fail. Many lawyers think otherwise.

It’s lawyers v politicians in the battle for human rights

The Conservative Party has published plans to change Britain’s human rights law. They have been criticised by many lawyers. But, whilst the politicians may have got the law wrong, many lawyers seem to have got the politics wrong. It is an unattractive position for an intelligent society to find itself in and leads to meaningless arguments between those who should know better.

Victim statements: are they having the wrong impact?

In an episode of The West Wing from 2002, the (fictional) US President. Jed Bartlet, prepares for a presidential debate by considering how he should answer a question designed to challenge his opposition to capital punishment: “If your youngest daughter, Zoe, was raped and murdered, would you not want to see the man responsible put to death?”

Testing times for the Director of Public Prosecutions

The Director of Public Prosecutions (DPP), Alison Saunders, says that juries apply a “much higher test” than prosecutors do when deciding whether to pursue a case. If that is true, it seems bizarre. More likely, it betrays a lack of logic on the part of the DPP.

Journalists in a tiz at Supreme Court’s win-win decision

I’m not sure quite how to say this. So I’ll say it twice:

Yesterday, a young graduate won her claim against the government’s back-to-work scheme. She argued that the regulations and the manner of their implementation were unlawful. Despite taking its case all the way to the Supreme Court, the government lost on three separate grounds.

Leveson – Is the battle already lost?

What are the chances of being able to write a 2,000 page report on press regulation and walk away with all-party support (or even all-Party support)? Plainly, not very high. This final stage of the inquiry could have been – should have been – handled differently.

Harry’s Bottom and the Right to Privacy

Today’s big argument is said to be about privacy and the public interest. I think there must be more to it that that. Most commentators seem to be going round in circles.

Court takes a liberty with our freedom

The European Court of Human Rights has decided today that police “kettling” of crowds – holding them within a police cordon for hours at a time – does not deprive them of their liberty.

What equal pay teaches us about the Human Rights Act

The European courts have been causing controversy (again). Judgements handed down in Brussels and Strasbourg have left conservatives (small “c”) aghast and Liberals (big and small “L”) defending the rights-based approach. But scratch beneath the surface and, often, it’s not the rights that objectors object to. The problem is that, so often, the rights awarded in Europe aren’t what we were led to expect when those rights were introduced.