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Nicholas Bamforth - 7th March 2017
In articles published on 4th February 2017, the Times and Guardian newspapers drew attention to the intellectual influence of Oxford legal theorist John Finnis on U.S. Supreme Court nominee Judge Neil Gorsuch. Both newspapers highlighted Finnis’s deeply conservative views on the legal rights of LGBTQ citizens, including his opposition to same-sex marriage. Finnis is one […]
Neil Siegel - 2nd March 2017
I previously promised evidence that Donald Trump disrespected norms designed to discipline presidential candidates and has since flouted constitutional conventions designed to keep partisanship within reasonable bounds, ensure governmental competence and accountability, and maintain trust in government. Space limitations permit only illustrative examples. Here are some norms that Trump violated during the campaign: Notwithstanding norms of […]
Neil Siegel - 1st March 2017
What is most concerning about the conduct of Donald Trump during and since the 2016 presidential campaign is not any potential violations of the U.S. Constitution. Most concerning are his disregard of norms that had previously constrained candidates for president and his flouting of constitutional conventions that had previously guided occupants of the White House. In […]
Rebecca Mooney - 27th February 2017
In Miller, the Supreme Court ruled by majority that ministers have no prerogative power to invoke article 50(2) of the Treaty on European Union (TEU). The European Communities Act 1972 makes EU law an independent and overriding source of domestic law (paras 61–65). Assuming article 50(2) notice is irrevocable, it will remove EU law and […]
Dzemal Calakovic - 17th February 2017
In spite of its obligation under Art 6(2) of the Lisbon Treaty to accede to the ECHR, the EU has yet to do so. There are significant challenges in ensuring the EU is held accountable for interferences with human rights. This post will demonstrate the practical challenges the failure to accede presents for the realization […]
Reuven (Ruvi) Ziegler - 14th February 2017
On 8th February, the EU (Notification of Withdrawal) Bill passed Third Reading in the House of Commons, by 494 votes to 122. MPs rejected all amendments to the 133-word Bill. This post concerns the rejection, by 332 votes to 290 of an amendment tabled by Harriet Harman, Chair of the Joint Committee on Human Rights […]
Mark Freedland - 6th February 2017
In her blog posting of January 24th 2017 about the decision of the Supreme Court in the Miller case, Professor Sandra Fredman very rightly observed that:- ‘One of the most disturbing consequences of the referendum has been the insistence that the Government is entitled to exercise its powers in relation to Brexit without involving Parliament. It […]
Stephanie Tai - 1st February 2017
The disappearance of Lam Wing Kee and four other Hong Kong booksellers sparked outrage amongst Hong Kong citizens and the international community alike. US spokesman John Kirby said the US was “disturbed by reports of the disappearances”. Thousands marched on the streets in Hong Kong. Many wondered whether China’s detention of Lam was an anomaly, […]
Max Harris - 25th January 2017
The UK Supreme Court concluded yesterday, by an 8–3 majority, that legislation is needed for Article 50 to be triggered – for the UK to exit the European Union. All eight judges in the majority contributed to the main judgment of the Court. The majority decision relies on two key principles: The Proclamations principle: […]
Sandra Fredman - 24th January 2017
In a ringing defence of the power of Parliament against the executive, the Supreme Court today held that the decision to trigger the process of leaving the EU cannot be taken by the executive alone. Withdrawal from the EU makes a fundamental change to the UK’s constitutional arrangements, and rights of UK residents will be […]
Delaram Farzaneh - 12th January 2017
The “harassment” of human rights defenders’ and “criminalization” of their activities in Iran has become common practice by the judicial branch of the Islamic Republic in recent years. According to the Secretary-General’s report to the General Assembly, in September 2016, this trend includes arbitrary arrest; prolonged solitary confinement; psychological and physical torture; unfair trials; and […]
Kayum Ahmed - 9th January 2017
For those of us engaged with human rights, as students, activists and lawyers, I want to suggest that at some point in our engagement with rights discourses, we have had to acknowledge that while human rights offer the possibility for emancipation and justice, they can also be used to entrench existing power relations. This duality […]