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OK, a PR disaster, but...

13 November 2014 / Michael Zander KC
Issue: 7630 / Categories: Features , Human rights
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What’s the point of the Human Rights Act? Michael Zander on an important lecture by Dinah Rose QC

Dinah Rose QC, one of the country’s leading human rights lawyers, in a lecture last month asked whether we actually need the European Convention on Human Rights (the Convention) and the Human Rights Act 1998 (HRA 1998). It had to be acknowledged, she said, that: “[F]or a variety of reasons, the Human Rights Act has been a public relations disaster (though in substance a relative success) for our civil liberties in Britain. Rights, and the enforcement of rights, which were once seen as being entirely, indeed distinctively, British, are now popularly regarded as a foreign imposition, beneficial only to foreigners and criminals.”

At least in respect of substantive law, in her view, the common law would cover most of the same ground as HRA 1998. Common law rights were vibrant and were now the renewed focus of important decisions of our appellate courts. The common law had been particularly powerful in protecting the rights

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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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