Reinforcing Rights: Strengthening UN Human Rights Treaty Monitoring at a Time of Crisis
The upcoming review of the UN’s human rights treaty bodies in 2020 provides an opportunity to increase the impact that these mechanisms have on States’ implementation of their human rights...
Is the Turkish Constitutional Referendum a Reflection of Democracy?
The constitutional referendum was held on 16 April in Turkey. In this referendum, the majority of Turkish people said “yes” to the constitutional amendments through which the Turkish governmental system...
A Precarious Future? Examining the UK Human Rights Act (with Sir Keir Starmer)
The Human Rights Act incorporated the rights guaranteed in the European Convention on Human Rights into UK law. In this episode, we look at the Human Rights Act in a...
The White Paper on the Great Repeal Bill: Part III – More Bad News
This is the final post on the human rights implications of the White Paper on the Great Repeal Bill. The first post argued that there was some good news to...
Derogating from Fundamental Human Rights under the Turkish State of Emergency
Five days after the coup failed on 15 July 2016 in Turkey, the Turkish government declared a state of emergency from 21 July 2016 for a period of ninety days,...
Norms and Conventions Meet Donald Trump
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...
The U.S. Constitution, Constitutional Conventions, and President Trump
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...
After Miller: Legislating for Constitutional and Democratic Legitimacy
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...
Challenges of the EU’s Non-Accession to the ECHR – The Case of the EU Rule of Law Mission in Kosovo
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...
Miller, the European Union Withdrawal Bill, and the Non-explanatory Notes
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...
A Conversation on the Human Rights Implications of Brexit
On 31 January 2017, OxHRH, together with the Public Law Discussion Group, the Programme for the Foundations of Constitutional Law and Government, and the Bonavero Insttiute of Human Rights hosted...
The Majority Judgment in Miller: Vulnerable but Defensible
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...
