header-logo header-logo

14 August 2015 / Michael Zander KC
Issue: 7665 / Categories: Opinion , Human rights
printer mail-detail

Hands off!

nlj_7665_zander

A Bill of Rights is not to be messed with: Michael Zander on the Tory plan to scrap the Human Rights Act

The government’s plan to replace the Human Rights Act with a British Bill of Rights was explained in Protecting Human Rights in the UK: The Conservatives’ Proposals for Changing Britain’s Human Rights Laws (October 2014).

The British Bill of Rights, like the Human Rights Act, it said, would be based on the European Convention on Human Rights (the Convention): “There is nothing wrong with that original document, which contains a sensible mix of checks and balances alongside the rights it sets out, and is a laudable statement of the principles for a modern democratic nation”.

But, the proposals stated, while the Convention would be put into primary legislation: “The use of the new law will be limited to cases that involve criminal law and the liberty of an individual, the right to property and similar serious matters”.

Lost causes?

Where, one asks, does that leave Art 3 (torture and inhuman or degrading treatment), Art 4 (slavery and forced labour), Art 6 (the right

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll