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The state of human rights (2)

22 July 2011 / Roger Smith
Issue: 7475 / Categories: Opinion , Human rights
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What’s the Human Rights Act ever done for us, asks Roger Smith

What has the Human Rights Act ever done for us? Not much, according to critics such as Daily Mail columnist Melanie Phillips: “Under the camouflage of human rights, this is the way freedom dies.” Yet, just as the Monty Python insurgents had to admit that the Romans had done quite a lot of good, so we should admit the same of the Human Rights Act 1998 (HRA 1998).

Prisoner voting

We should begin by acknowledging what HRA 1998 does not do. It does not change a word of the 60-year-old European Convention on Human Rights. For example, the troublesome Mr Hirst, who established that the UK general ban on prisoners’ voting was in breach of the Convention, won his first case (on delays of his parole hearing) at the European Court of Human Rights (ECtHR) before HRA 1998 came into force. His second victory was again at the hands of the ECtHR. HRA 1998 played no part

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Quinn Emanuel Urquhart & Sullivan—Andrew Savage

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Leading patent litigator joins intellectual property team

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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