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14 October 2019
Issue: 7859 / Categories: Legal News , Human rights , Brexit , EU
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Protecting human rights

The Human Rights Act, which enacts the European Convention on Human Rights into UK law, may come under attack again in the current ‘isolationist’ climate, Geoffrey Bindman QC has warned.

If there is another Conservative government, especially if it follows the UK’s departure from the EU, ‘we may expect it to renew plans to leave the Convention and repeal the Act,’ Bindman writes in this week’s NLJ.

‘There is no necessary connection between our adherence to the Convention and our membership of the EU but leading Conservative politicians have long disliked both, seeing human rights law, like the EU, as an encroachment on British sovereignty. The Conservative Party manifesto of 2015 commits a future Conservative government to withdraw from the Convention and repeal the Act, replacing both with a British Bill of Rights.’

Although some politicians have ‘relied on the occasional adverse Strasbourg decision to justify their criticism of what they see as foreign interference’, Bindman says the Strasbourg court’s margin of appreciation doctrine minimises disharmony by giving weight to the traditions and preferences of individual member states.   

Issue: 7859 / Categories: Legal News , Human rights , Brexit , EU
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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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