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Human rights v democracy?

14 December 2017
Issue: 7774 / Categories: Legal News , Brexit , Human rights
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Human rights law is eroding democracy, according to centre-right think tank Policy Exchange.

Sir Noel Malcolm, Policy Exchange senior advisor, takes aim at the European Court of Human Rights (ECtHR) this week in a study, ‘Human Rights and Political Wrongs: A new approach to Human Rights law’. He asserts that the ECtHR: fails to provide certainty and predictability; goes beyond the original scope of the European Convention; and has required the government to give some prisoners the vote despite MPs voting against this. He calls on the government to leave the ECtHR, replace the Human Rights Act and find new ways to protect the individual from the state.

However, Sir Geoffrey Bindman QC, consultant at Bindmans, pointed out Sir Noel had been unable to find more than a handful of cases to back his argument. He said: ‘For all its scholarship, it is essentially a propagandist document in line with the isolationist viewpoint of others who seek withdrawal from European institutions.’

Issue: 7774 / Categories: Legal News , Brexit , Human rights
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MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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