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13 November 2008
Issue: 7345 / Categories: Opinion , Human rights
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Three double acts

Democracy and human rights are bedding down well, says Roger Smith

Lady Justice Arden, tipped soon to join Baroness Hale on what will become the Supreme Court, has given a spirited defence of the Human Rights Act (HRA 1998). The “overarching” point of her address to a JUSTICE conference was that HRA 1998 has changed the way in which we think about democracy: “One of the byproducts of the Convention is that when it comes to qualified rights we are expressly directed to think about democracy …[and] much more thought … could usefully now be given to what is meant by ‘necessary in a democratic society’.”

This is a phrase used in the European Convention on Human Rights to qualify rights such as that of freedom of speech. Lady Arden speculated about how the creation of the Supreme Court might change the procedures of the House of Lords. The court will have, she acknowledged, the same powers as the existing appellate committee of the House of Lords. However, it was the “start of a new chapter” and it might be that the court would change the criteria

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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
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
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