What might the unintended consequences of repealing the Human Rights Act be? Lars Mosesson investigates
The Conservative party has indicated that its manifesto for the general election in 2015 will repeat their pledge to repeal “Labour’s” Human Rights Act 1998 (HRA 1998) and, possibly, to withdraw from the European Convention on Human Rights (the Convention). These proposals, and the campaign of attacks on judicial review and legal aid, appear to be motivated by a desire by ministers to be free to do what they want politically. Hence, it is timely to consider what the consequences would be for practitioners and others, if a new government were to seek to implement these proposals. Not only will it not be enough to repeal HRA 1998 for ministers to become free of human rights; but it might awaken a sleeping dragon.
The background to HRA 1998
The UK has chosen to be bound by the terms of the Convention since 1953, as a matter of international law. Over the years, all three main parties
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