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14 December 2012 / Alec Samuels
Issue: 7542 / Categories: Opinion , Human rights
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Defending our rights

The UK should repeal HRA 1998 & withdraw from the European Convention, says Alec Samuels

We are all in favour of human rights. Some fear the Human Rights Act 1998 might be modified, or repealed, and possibly replaced by a Bill of Rights (see Geoffrey Bindman QC, “Defending our rights”, NLJ, 12 October 2012, p 1272). I submit that the Act should be repealed and the UK should withdraw from the European Convention on Human Rights (the Convention).

All too often the human rights argument is a last resort, thrown in for good measure, scraping the bottom of the barrel, the case is otherwise a loser. Litigation becomes protracted and costly. The human rights argument usually fails. In the European Court of Human Rights it almost always fails. The Convention is expressed in vague terminology, and the rights are usually “qualified”. Strasbourg law and institutions are essentially continental, based on the civil law system.

Paradoxically, the Act says the Convention (in the schedule) is not binding but must be taken into account (s 2(1)),

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NEWS
The Court of Appeal has overturned the convictions of five Barclays LIBOR/EURIBOR traders—demonstrating the dangers of removing jury trial from serious fraud cases, according to a solicitor acting in the case
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
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