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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

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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