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14 January 2022 / Michael Zander KC
Issue: 7962 / Categories: Opinion , Constitutional law , Human rights
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The assault on liberty updated

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Michael Zander QC considers the Justice Secretary’s plans for a modern Bill of Rights

In 2009, Dominic Raab then a youngish lawyer, a year before becoming an MP, wrote The assault on liberty—what went wrong with rights? (Fourth Estate). It urged that, while remaining a member of the European Convention on Human Rights, the Human Rights Act 1998 (the Act) should be replaced by a British Bill of Rights to ‘focus our judiciary on its primary task, which is to give effect to British rights instead of trying to divine and decipher the murky case law emanating from Strasbourg’.

No one could sensibly have imagined then that a little over a decade later Raab would be Justice Secretary, (pictured) heading government decision-making on reforming the Act.

What’s proposed?

On 14 December 2021, the Justice Secretary published ‘Human Rights Act reforma modern Bill of Rights’, a consultation paper setting out the government’s proposals and inviting answers to 29 questions by 8 March. On the same day, he published ‘The independent Human Rights Act review’, conducted by a

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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