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03 October 2025 / Alistair Mills
Issue: 8133 / Categories: Features , Human rights , EU , Constitutional law , Judicial review
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Human Rights Act: Aspirations, enforcement & remedies

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Twenty five years after coming into force, the Human Rights Act has embedded itself in UK law, strengthening rights without unsettling the constitution, writes Alistair Mills

  • Considers the methods used in the Human Rights Act 1998 to secure the protection of rights.
  • Notes that the Act largely uses existing and recognised legal techniques, easing the adoption of human rights standards.

In the run-up to the passing of the Human Rights Act 1998, some saw a codified set of rights as something foreign to the common law method—and all the more foreign when it came from an instrument entitled the European Convention on Human Rights (ECHR). On this conception, the Act acted like an organ transplant, importing something from the outside into domestic law.

There are reasons to doubt the appropriateness of this metaphor. There were important ways in which the ECHR reflected the principles of the common law, and was therefore not foreign to the UK’s legal system. Further, technically, the Human Rights

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

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When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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