header-logo header-logo

20 November 2015 / Michael Zander KC
Issue: 7677 / Categories: Opinion , Human rights
printer mail-detail

Points of view

nlj_7677_zander

Michael Zander QC considers an interesting contribution to the debate on scrapping the Human Rights Act

The Conservative Party Manifesto for the 2015 election included a commitment to “scrap the Human Rights Act and introduce a British Bill of Rights”. On 8 September, the Parliamentary Under-Secretary of State for Justice, Mr Dominic Raab, told the House of Commons that the government would bring forward proposals “in the autumn”. On 3 November, Mr Jonathan Fisher QC, who was the Conservative party’s nominee on the coalition government’s Bill of Rights Commission, spoke to Politiae about what those proposals should contain.

Be bold

The government, he said, should be bold. “The UK Bill of Rights must be compatible with the European Convention on Human Rights, but its terms should not be replicated”. The Bill of Rights should protect such basic British values as the right to trial by jury in serious criminal cases, the right to silence, the right to claim privilege against self-incrimination, the right to present a writ of habeas corpus, the right to equality,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll