header-logo header-logo

The assault on liberty updated

14 January 2022 / Michael Zander KC
Issue: 7962 / Categories: Opinion , Constitutional law , Human rights
printer mail-detail
68391
Michael Zander QC considers the Justice Secretary’s plans for a modern Bill of Rights

In 2009, Dominic Raab then a youngish lawyer, a year before becoming an MP, wrote The assault on liberty—what went wrong with rights? (Fourth Estate). It urged that, while remaining a member of the European Convention on Human Rights, the Human Rights Act 1998 (the Act) should be replaced by a British Bill of Rights to ‘focus our judiciary on its primary task, which is to give effect to British rights instead of trying to divine and decipher the murky case law emanating from Strasbourg’.

No one could sensibly have imagined then that a little over a decade later Raab would be Justice Secretary, (pictured) heading government decision-making on reforming the Act.

What’s proposed?

On 14 December 2021, the Justice Secretary published ‘Human Rights Act reforma modern Bill of Rights’, a consultation paper setting out the government’s proposals and inviting answers to 29 questions by 8 March. On the same day, he published

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

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
back-to-top-scroll