Brexit: Foundational Constitutional and Interpretive Principles: II
This should be read with the previous posting. They are both designed to reveal underlying issues of constitutional and interpretive principle that pertain to Brexit. The previous post considered constitutional...
Brexit: Foundational Constitutional and Interpretive Principles: I
The post-referendum discourse has been marked by vibrant political and legal exchange in Parliament and the courts. This is not the place for detailed engagement with all such arguments, nor...
Legislating for Trans Equality: Recent Developments in the United Kingdom and Ireland
In January 2016, the House of Commons Select Committee on Women and Equalities published a landmark report on ‘Transgender Equality’. Among the Committee’s many recommendations was a proposal to amend...
Joint Committee on Human Rights Calls on UK Government to Justify ‘Presumption to Derogate’
The UK Parliament’s Joint Committee on Human Rights (JCHR) has written to the Secretary of State for Defence, Michael Fallon, requesting details about the Government’s proposal to derogate from the...
Triggering Article 50: R (Miller and others) v Secretary of State for the Exiting of the European Union (Continued)
Alison Young continues her analysis of the Miller case before the High Court. The first part, concerning jurisdiction and the correct approach to public law litigation, can be found here....
Triggering Article 50: R (Miller and others) v Secretary of State for the Exiting of the European Union
The High Court in London is currently hearing a challenge to the position of the UK Government that it can trigger Article 50 of the Treaty on the European Union...
Analysing Proposals for a ‘Presumption to Derogate’ from Human Rights Laws in Armed Conflicts
On 4 October 2016, The Guardian reported that the UK Government will introduce plans to suspend the application of the European Convention on Human Rights (ECHR) to the UK’s armed...
Did Brexit Save the HRA 1998?
Perhaps it is time to begin looking for silver linings, as opposed to fantastic judicial interventions. On this blog in March I wrote that a remain vote in the referendum...
PJS v News Group Newspapers: Threesomes! Privacy! Social Media!
On 19 May 2016, the UK Supreme Court handed down judgment in PJS v News Group Newspapers Limited. This decision concerned the proposed publication of details concerning the extramarital activities...
The Chakrabarti Report: Through a Human Rights Lens
The week before last, the Labour Party published the report of an inquiry prompted by allegations of antisemitism within the Party. The appointment of Shami Chakrabarti, one of the country’s...
Human Rights Protections in Northern Ireland: How to Make the Best Out of a Bad Situation
Recent political developments give reason to be disheartened about the future protection and safeguarding of rights across the UK in coming years. In the particular context of Northern Ireland, though,...
The Referendum on the European Union: Remaining Human
The referendum on the UK’s membership of the EU is a decision that will be taken in a troubling context. Although occasionally clothed in the inclusive language of globalism, ‘leave’...
