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27 May 2016 / Michael Zander KC
Issue: 7700 / Categories: Features , Public , Human rights
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Uncharted waters

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The House of Lords have questioned the constitutional implications of a British Bill of Rights, notes Michael Zander QC

The wisdom of the government’s plan to replace the Human Rights Act 1998 (HRA 1998) with a British Bill of Rights was questioned by the Justice Sub-Committee of the Lords EU Committee in a strong report published earlier this month (The UK, the EU and a British Bill of Rights, 12th Report, 2015-16, HL Paper 139, 9 May 2016). The 48-page report is a notable contribution to this ongoing debate.

The report considers the likely impact of a British Bill of Rights on three areas: human rights litigation in national courts under the EU Charter of Fundamental Rights; the UK’s EU legal obligations and international standing; and the devolved settlements.

Mr Michael Gove, Lord Chancellor and Secretary of State, said in evidence to the Committee that the government’s two main objectives in introducing a British Bill of Rights were to restore national faith in human rights, and to give human rights greater national identity. The reforms the secretary of state outlined,

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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
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