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17 July 2015 / Alec Samuels
Issue: 7661 / Categories: Features , Human rights
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Back to the future

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
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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