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14 December 2017
Issue: 7774 / Categories: Legal News , Brexit , Human rights
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Human rights v democracy?

Human rights law is eroding democracy, according to centre-right think tank Policy Exchange.

Sir Noel Malcolm, Policy Exchange senior advisor, takes aim at the European Court of Human Rights (ECtHR) this week in a study, ‘Human Rights and Political Wrongs: A new approach to Human Rights law’. He asserts that the ECtHR: fails to provide certainty and predictability; goes beyond the original scope of the European Convention; and has required the government to give some prisoners the vote despite MPs voting against this. He calls on the government to leave the ECtHR, replace the Human Rights Act and find new ways to protect the individual from the state.

However, Sir Geoffrey Bindman QC, consultant at Bindmans, pointed out Sir Noel had been unable to find more than a handful of cases to back his argument. He said: ‘For all its scholarship, it is essentially a propagandist document in line with the isolationist viewpoint of others who seek withdrawal from European institutions.’

Issue: 7774 / Categories: Legal News , Brexit , Human rights
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MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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