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Uncharted waters

27 May 2016 / Michael Zander KC
Issue: 7700 / Categories: Features , Public , Human rights
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The House of Lords have questioned the constitutional implications of a British Bill of Rights, notes Michael Zander QC

The wisdom of the government’s plan to replace the Human Rights Act 1998 (HRA 1998) with a British Bill of Rights was questioned by the Justice Sub-Committee of the Lords EU Committee in a strong report published earlier this month (The UK, the EU and a British Bill of Rights, 12th Report, 2015-16, HL Paper 139, 9 May 2016). The 48-page report is a notable contribution to this ongoing debate.

The report considers the likely impact of a British Bill of Rights on three areas: human rights litigation in national courts under the EU Charter of Fundamental Rights; the UK’s EU legal obligations and international standing; and the devolved settlements.

Mr Michael Gove, Lord Chancellor and Secretary of State, said in evidence to the Committee that the government’s two main objectives in introducing a British Bill of Rights were to restore national faith in human rights, and to give human rights greater

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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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