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17 July 2015 / Alec Samuels
Issue: 7661 / Categories: Features , Human rights
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Alec Samuels puts the case for the reform of European human rights law

The English legal system served us fairly well before the advent of European human rights. European human rights law has created a vast body of jurisprudence, an extra tier in litigation, and has produced a number of problems and anomalies and even abuses.

National security

Nothing can be more important in national life than public safety and national security. Is it not for the UK Parliament to determine the degree of infringement of personal liberty, eg control orders against suspected terrorists, telephone tapping, retention of criminal records, with the appropriate judicial safeguards?

Deportation

A convicted foreign national was ordered to be deported. Anticipating conviction and deportation he married a UK citizen and pleaded family hardship (Art 8). A criminal conviction often inflicts hardship upon the family, a regrettable consequence.

Sex offender

A foreign national was convicted of sexual offences and ordered to be deported. Because sexual offences were not well regarded in his own state he pleaded threat to life

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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