declarations of incompatibility – Current Awareness

Elizabeth Adams: The Judicial Approach to the Judicial Discretion under s.4 HRA in Secretary of State for Business and Trade v Mercer [2024] UKSC 12 – UK Constitutional Law Association

Posted October 28th, 2024 in declarations of incompatibility, human rights, judiciary, news, Supreme Court by tracey

‘In Secretary of State for Business and Trade v Mercer [2024] UKSC 12 (Mercer), the Supreme Court was confronted with whether and how to exercise its powers under sections 3 and 4 of the HRA 1998. This blog post will focus on assessing how the Supreme Court approached the judicial discretion to grant a declaration of incompatibility under section 4 HRA (s.4). Section 4 states that if the court is satisfied that the provision is incompatible with a Convention right, it may make a declaration of that incompatibility – “may” demonstrates the judicial discretion at the core of the mechanism.’

UK Constitutional Law Association, 28th October 2024

Source: ukconstitutionallaw.org

Case Preview: Secretary of State for Business and Trade v Mercer – UKSC Blog

Posted December 5th, 2023 in declarations of incompatibility, human rights, industrial action, news, Supreme Court, trade unions by sally

‘Under the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”), s. 146, workers are protected against detriments falling short of dismissal related to taking part in the activities of an independent trade union at an appropriate time. The scope of “trade union activities” in that provision has been interpreted as not including industrial action.’

UKSC Blog, 5th December 2023

Source: ukscblog.com

New Judgment: Morgan and others v Ministry of Justice (Northern Ireland) [2023] UKSC 14 – UKSC Blog

Posted April 20th, 2023 in declarations of incompatibility, early release, human rights, news, Northern Ireland, sentencing, Supreme Court, terrorism by sally

‘The respondents in this appeal were convicted of terrorism offences. On 13 November 2020, they were sentenced to determinate custodial sentences by Colton J. In accordance with the Criminal Justice (Northern Ireland) Order 2008 (the ‘2008 Order’), the judge specified a “custodial period” of half of the term of their sentences which gave rise to an obligation on the part of the Department of Justice to release the respondents on licence (e.g. living in the community while complying with set rules) when they had served half their sentences.’

UKSC Blog, 19th April 2023

Source: ukscblog.com

Clause Seven of the Bill of Rights Bill: Diluting Rights Protection and Undermining Parliamentary Democracy – Oxford Human Rights Hub

Posted June 30th, 2022 in bills, declarations of incompatibility, human rights, news, parliament, proportionality, statutory interpretation by sally

‘If enacted in its present form the Bill of Rights Bill would compromise judicial independence, dilute ECHR rights protection, and undermine the principle of parliamentary democracy that it purports to protect. The Bill seeks to repeal the Human Rights Act 1998 (HRA 1998) in full and replace it with legislation which, according to a Government press release, will “ensure courts cannot interpret laws in ways that were never intended by Parliament”. It also seeks to inject a “healthy dose of common sense” into courts’ protection of Convention rights.’

Oxford Human Rights Hub, 27th June 2022

Source: ohrh.law.ox.ac.uk

Alison Young: Declaratory Orders and Constitutional Guardrails – UK Constitutional Law Association

Posted March 10th, 2022 in declarations of incompatibility, extradition, fraud, news by tracey

‘The recent decision of the Supreme Court in Craig v HM Advocate (for the Government of the United States of America) affirms the core constitutional expectation that the executive will comply with declaratory orders. On its face, this appears to be quite unassuming. Yet it raises fundamental issues of inter-institutional comity and the importance of constitutional guardrails and safeguards.’

UK Constitutional Law Association, 10th March 2022

Source: ukconstitutionallaw.org

Does judicial review of delegated legislation under the Human Rights Act 1998 unduly interfere with executive law-making?- UK Constitutional Law Association

Posted February 23rd, 2021 in constitutional law, declarations of incompatibility, human rights, judicial review, news, regulations, statutory interpretation by tracey

‘The relationship between delegated legislation and the Human Rights Act 1998 (HRA) is seemingly becoming a more contentious constitutional issue. Professor Richard Ekins published, as part of the Policy Exchange’s Judicial Power Project, an agenda for constitutional reform under the title of Protecting the Constitution. Amongst an extensive set of reform suggestions, Ekins proposes that the relationship between human rights, the courts, and delegated legislation ought to be recast.’

UK Constitutional Law Association, 22nd February 2021

Source: ukconstitutionallaw.org

Judge dismisses legal challenge by humanists, finds weddings discrimination to be justified with Law Commission review – Local Government Lawyer

Posted August 4th, 2020 in belief discrimination, declarations of incompatibility, human rights, marriage, news by sally

‘A High Court judge has dismissed a legal challenge brought by six couples who are humanists and who complained that the legal recognition of different forms of religious wedding ceremony under English law does not similarly extend to weddings carried out in accordance with their humanist beliefs.’

Local Government Lawyer, 3rd August 2020

Source: www.localgovernmentlawyer.co.uk

Family judge says trial should be held on diplomatic immunity legislation and incompatibility with European Convention on Human Rights – Local Government Lawyer

Posted June 4th, 2020 in children, declarations of incompatibility, diplomats, family courts, human rights, immunity, local government, news by sally

‘A trial should be held on the “virtually insoluble dilemma” between diplomatic immunity and local authorities’ child protection duties, Mr Justice Mostyn has ruled in the High Court Family Division.’

Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk

Supreme Court rules in favour of unmarried mother in benefits case – Family Law

Posted September 3rd, 2018 in benefits, declarations of incompatibility, human rights, news, Northern Ireland, Supreme Court, widows by sally

‘The UK’s Supreme Court has ruled in favour of Siobhan McLaughlin, an unmarried mother of four from County Antrim, gaining access to Widowed Parent’s Allowance following her partner’s death in 2014.’

Family Law, 31st August 2018

Source: www.familylaw.co.uk

Supreme Court decision in Steinfeld and Keidan v Secretary of State for International Development: The Civil Partnership Act is incompatible with Articles 14 and 8 of the ECHR – Zenith Chambers

Posted August 6th, 2018 in civil partnerships, declarations of incompatibility, human rights, marriage, news, sexual orientation discrimination, Supreme Court by sally

‘The Supreme Court issued a unanimous landmark judgement declaring that the provisions in the Civil Partnership Act 2004 preventing opposite sex couples from entering into a civil partnership is incompatible with the European Convention on Human Rights.’

Zenith Chambers, 29th June 2018

Source: www.zenithchambers.co.uk

Supreme Court declares Civil Partnership Act 2004 incompatible with human rights law – Family Law

Posted June 28th, 2018 in appeals, civil partnerships, declarations of incompatibility, equality, human rights, news, sexual orientation discrimination, Supreme Court by sally

‘The Supreme Court has ruled unanimously that lack of provision in the Civil Partnership Act 2004 for opposite-sex couples to enter into a civil partnership is incompatible with human rights law.’

Family Law, 27th June 2018

Source: www.familylaw.co.uk

Shona Wilson Stark: In Re Northern Ireland Human Rights Commission’s Application for Judicial Review [2018] UKSC 27: A Declaration in All but Name? – UK Constitutional Law Association

Posted June 13th, 2018 in abortion, declarations of incompatibility, human rights, judicial review, news, Northern Ireland, Supreme Court by sally

‘All eyes were on the UK Supreme Court (UKSC) last week as it gave judgment in In Re Northern Ireland Human Rights Commission’s Application for Judicial Review [2018] UKSC 27, the case challenging the European Convention on Human Rights (ECHR) compatibility of Northern Ireland’s abortion legislation. Such a case is always bound to be headline-grabbing and controversial. But even more heat than usual was generated by this case. For starters, it followed swiftly after the Republic of Ireland’s referendum vote to repeal the Eighth Amendment of its Constitution, which acknowledges the equal right to life of the unborn child. That led to public and political pressure for change on the other side of the border too. But the Northern Ireland Assembly has been suspended since January 2017 and Westminster legislating in this area in its absence – particularly if prompted by the UKSC – would provoke controversy. The Conservative Government’s Confidence and Supply Agreement with the traditionally pro-life Democratic Unionist Party (DUP) further complicates the possibility of reform on this side of the Irish Sea. The outcome of a challenge to the compatibility of the Northern Ireland legislation was therefore keenly anticipated by many. In the event, a Court of seven declined (by a majority) to make the declaration of incompatibility due to a lack of standing. Given the Court’s conclusions, however, the judgment may effectively be a declaration in all but name.’

UK Constitutional Law Association, 12th June 2018

Source: ukconstitutionallaw.org

Northern Ireland’s abortion law violates human rights but challenge rejected on technical grounds, Supreme Court rules – The Independent

Posted June 7th, 2018 in abortion, declarations of incompatibility, human rights, locus standi, news, Northern Ireland, Supreme Court by sally

‘Supreme Court judges have said Northern Ireland’s abortion law violates human rights, but rejected a challenge brought by the Northern Ireland Human Rights Commission (NIIHRC) on technical grounds.’

The Independent, 7th June 2018

Source: www.independent.co.uk

Surrogacy and parental orders for single parents – the ‘non-urgent’ road to change – Family Law

Posted June 1st, 2018 in declarations of incompatibility, human rights, news, parental rights, select committees, surrogacy by sally

‘Since May 2016, prospective single applicants for parental orders for surrogate children have waited with bated breath for the change in the law that permits them to make their applications, independent of their relationship status. At the end of last year, it was announced that a remedial order to the Human Fertilisation and Embryology Act 2008 (HFEA 2008) had been placed before Parliament. However, five months have now passed and the question remains whether we are any closer to change.’

Family Law, 31st May 2018

Source: www.familylaw.co.uk

Privacy Rights: How should a court remedy legislative incompatibility with EU law? – UK Human Rights Blog

Posted May 9th, 2018 in declarations of incompatibility, EC law, investigatory powers, news, privacy by tracey

‘R (The National Council for Civil Liberties (Liberty)) v Secretary of State for the Home Department & Anor [2018] EWHC 975 (Admin) (27 April 2018). In the first phase of Liberty’s landmark challenge to the Investigatory Powers Act 2016 (“IPA”), Singh LJ and Holgate J sitting as a Divisional Court have granted a declaration that in the area of criminal justice, Part 4 of the Investigatory Powers Act 2016 is, in part, incompatible with EU law. Other parts of Liberty’s challenge to the IPA will be considered at a later date.’

UK Human Rights Blog, 8th May 2018

Source: ukhumanrightsblog.com

Noel Conway: Terminally ill man wins right to challenge court ruling preventing ‘dignified death’ – The Independent

Posted January 19th, 2018 in appeals, assisted suicide, declarations of incompatibility, human rights, news by tracey

‘A terminally ill man has won the right to continue battling for the right to a “peaceful and dignified death” in Britain’s courts.’

The Independent, 18th January 2018

Source: www.independent.co.uk

Surrogacy and HFEA Update (November 2017) – Family Law Week

Posted November 8th, 2017 in assisted reproduction, damages, declarations of incompatibility, documents, embryology, family courts, foreign jurisdictions, negligence, news, oral hearings, parental responsibility, parliamentary papers, surrogacy, wardship by tracey

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent developments relating to surrogacy law as well as the latest cases concerning administrative errors and the HFEA.’

Family Law Week, 7th November 2017

Source: www.familylawweek.co.uk

“Assisted dying” and Article 8 again – Conway v S of S for Justice – Law & Religion UK

Posted October 9th, 2017 in assisted suicide, declarations of incompatibility, human rights, news, parliament by sally

‘Mr Noel Conway, who is 67 and suffering from motor neurone disease, has lost the latest round in his bid to allow doctors to prescribe him a lethal dose of drugs when his health deteriorates further. His legal team had argued that he faced a stark and unfair choice: he could either bring about his own death while still physically able to do so, or await death with no control over how and when it came.’

Law & Religion UK, 5th October 2017

Source: www.lawandreligionuk.com

Noel Conway: Terminally ill man loses High Court challenge against the law on assisted dying – The Independent

Posted October 6th, 2017 in assisted suicide, declarations of incompatibility, human rights, news by tracey

‘A man who is terminally ill with motor neurone disease has lost his High Court challenge to fight for his right to die.
The judgment does confirm, however, that the courts do have the authority to declare current inconsistency with human rights.’

The Independent, 5th October 2017

Source: www.independent.co.uk

Terminally ill former lecturer wins right to fight assisted dying ban – The Guardian

Posted April 13th, 2017 in appeals, assisted suicide, declarations of incompatibility, human rights, news, parliament by sally

‘A terminally ill former lecturer has won the right to challenge the legal ban on assisted dying in the hope that he can end his life at home surrounded by his family.

The Guardian, 12th April 2017

Source: www.guardian.co.uk

1
2
3
»

Categories

Archives