Jeff King: Deference, Dialogue and Animal Defenders International – UK Constitutional Law Group

“In Animal Defenders International, the European Court of Human Rights upheld the British ban on political advertising in the broadcast media (s.321 Communications Act 2003), consistently with the judgments of the UK House of Lords and High Court, but in an apparent departure from its previous caselaw in the VgT (Verein gegen Tierfabrik v. Switzerland, no. 24699/94 ECHR 2001‑VI) case. The key issue in the case was whether a blanket ban (or ‘general measure’) was a proportionate restriction of the freedom of expression, or whether some class of exception (a ‘case-by-case’ approach) for groups such as the NGO in this case ought to be recognized.”

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UK Constitutional Law Group, 25th April 2013

Source: www.ukconstitutionallaw.org/blog

 

Another blow for Theresa May: treating 17-year-olds in custody as adults ‘incompatible’ with human rights law – The Independent

Posted April 25th, 2013 in children, human rights, news, parental rights, young offenders by sally

“A teenager has won a High Court victory over the Home Secretary Theresa May’s policy of treating 17-year-olds taken into custody as adults – depriving them of protections offered to those aged 16 and under.”

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The Independent, 25th April 2013

Source: www.independent.co.uk

Death Row, Human Rights and the Limits of the Law – Criminal Law and Justice Weekly

“Although both the law surrounding human rights and the use of judicial review to uphold it have grown exponentially in the UK in recent times, there are still plenty of jurisdictions where even fundamental principles of justice are not respected with any consistency. It is not surprising, therefore, that the last decade has seen a number of cases where those faced with perceived injustice abroad turn homewards for redress.”

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Criminal Law and Justice Weekly, 20th April 2013

Source: www.criminallawandjustice.co.uk

Supreme Court find A1P1 breach in retrospective legislation – UK Human Rights Blog

“When can an agricultural landlord turf out his tenant farmer? The answer to this question has ebbed and flowed since the Second World War, but one element of the latest attempt by the Scottish Parliament to redress the balance in favour of tenants has just been declared incompatible with Article 1 of the 1st Protocol (A1P1) as offending landlords’ rights to property. The Supreme Court has so ruled, upholding the Second Division of the Court of Session’s ruling in March 2012.”

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UK Human Rights Blog, 24th April 2013

Source: www.ukhumanrightsblog.com

McNally: ‘Access to justice’ doesn’t mean access to a lawyer – LegalVoice

Posted April 24th, 2013 in budgets, competition, human rights, legal aid, litigants in person, news by sally

“It was time to ‘move on’ from the ‘bruising’ LASPO debate, the Lord McNally said yesterday. The legal aid minister told delegates at an event organised by the Westminster Legal Policy Forum that this month’s cuts would save £180m per annum alone. ‘Yet on the criminal side, we’re still spending £1 billion every year. A significant proportion of this spending is swallowed up by a few very high cost cases,’ the legal aid minister added.”

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LegalVoice, 24th April 2013

Source: www.legalvoice.org.uk

How can the courts manage the Facebook phenomenon? – UK Human Rights Blog

Posted April 24th, 2013 in children, damages, human rights, injunctions, internet, news by sally

“In this somewhat chaotic action, the Plaintiff sued ten defendants, in anonymised form by her father and next friend.”

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UK Human Rights Blog, 24th April 2013

Source: www.ukhumanrightsblog.com

Can Britain withdraw from the European human rights convention? – The Guardian

Posted April 24th, 2013 in human rights, news, terrorism, torture, treaties by sally

“It is theoretically possible to withdraw temporarily from the European convention on human rights particularly over matters involving terrorism.”

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The Guardian, 24th April 2013

Source: www.guardian.co.uk

Strasbourg ties itself in knots over advertising ban – UK Human Rights Blog

Posted April 24th, 2013 in advertising, animal cruelty, competition, human rights, news, public interest by sally

“In what was a profoundly sad day for democracy, on 22 April 2013 the European Court of Human Rights found in favour of the UK government in a landmark test case concerning a TV advertisement produced by ADI in 2005, and subsequently banned under the Communications Act 2003.”

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UK Human Rights Blog, 23rd April 2013

Source: www.ukhumanrightsblog.com

Dale Farm protester awarded damages – Daily Telegraph

Posted April 23rd, 2013 in assault, damages, demonstrations, detention, false imprisonment, human rights, news by sally

“A protester arrested at the Dale Farm traveller eviction will receive undisclosed damages after she complained she was left in a police van for too long.”

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Daily Telegraph, 23rd April 2013

Source: www.telegraph.co.uk

Teacher’s human rights breached by unproven allegations disclosure – Daily Telegraph

Posted April 23rd, 2013 in criminal records, disclosure, human rights, news, police, teachers, vetting by sally

“The PE teacher has not worked for more than two years because the allegation remained on his record even though police investigated and took no action.”

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Daily Telegraph, 22nd April 2013

Source: www.telegraph.co.uk

Government will be mightily relieved at decision to uphold political ads ban – The Guardian

“The court’s decision turned on the judges’ assessment of what restrictions are necessary in a democratic society.”

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The Guardian, 22nd April 2013

Source: www.guardian.co.uk

Teacher wins right to have dropped allegation removed from criminal record checks – The Independent

“A police force unlawfully infringed a physical education teacher’s human rights by refusing to remove detail of an 18-year-old woman’s harassment allegation from a ‘criminal record certificate’ available to potential employers, a High Court judge has ruled.”

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The Independent, 22nd April 2013

Source: www.independent.co.uk

Jacob Rowbottom: A surprise ruling? Strasbourg upholds the ban on paid political ads on TV and Radio – UK Constitutional Law Group

“The European Court of Human Rights has given its decision in Animal Defenders International , holding that the ban on political advertising on the broadcast media does not violate Article 10. I had been convinced that the Strasbourg Court, following earlier decisions in Switzerland and Norway, would come to the opposite conclusion – but I am relieved that they did not. The ban on political ads has been a crucial measure that has helped to keep the cost of politics down in the UK. That said, it was a close shave. The ban was upheld by a majority of 9, with 8 dissenting. The decision was published earlier this morning, so what follows are my initial thoughts.”

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UK Constitutional Law Group, 22nd April 2013

Source: www.ukconstitutionallaw.org

Jihadist suspect cannot be extradited to United States because of his mental illness – UK Human Rights Blog

Posted April 22nd, 2013 in appeals, conspiracy, extradition, human rights, mental health, news, terrorism by sally

“The Strasbourg Court has ruled that a terrorist suspect detained in the United Kingdom’s Broadmoor hospital should not be extradited to the United States because of the risk that his mental condition would deteriorate there.”

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UK Human Rights Blog, 21st April 2013

Source: www.ukhumanrightsblog.com

Home Office faces legal action unless it reveals details of ‘Snooper’s charter’ – Daily Telegraph

“The Home Office is facing legal action unless it reveals key details of its so-called Snooper’s Charter.”

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Daily Telegraph, 20th April 2013

Source: www.telegraph.co.uk

Local authority ordered to pay substantial costs in family human rights case – UK Human Rights Blog

“This was a costs application arising from an extremely important decision by Peter Jackson J in June 2012 (see Alasdair Henderson’s post here and read judgment).”

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UK Human Rights Blog, 19th April 2013

Source: www.ukhumanrightsblog.com

Christians launch landmark human rights case – Daily Telegraph

“Christians are to launch a landmark legal case arguing their religion is being treated as a ‘thought crime’ by government and courts.”

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Daily Telegraph, 20th April 2013

Source: www.telegraph.co.uk

UK ban on political advertising may be lifted – The Independent

“Britain may be forced to lift its ban on political advertising when the European Court of Human Rights (ECHR) rules on its lawfulness tomorrow.”

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The Independent, 21st April 2013

Source: www.independent.co.uk

Court of Appeal dismisses human rights challenge to Immigration Rules – Home Office

Posted April 18th, 2013 in appeals, human rights, immigration, news, regulations, visas by sally

“The Home Office was successful in defending Immgiration Rules changes introduced to test migrant’s English language capabilities”

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Home Office, 17th April 2013

Source: www.gov.uk/home-office

Extradition, Deportation and Human Rights – Edward Fitzgerald QC

Posted April 18th, 2013 in deportation, extradition, human rights, news, speeches by sally

Extradtition, Deportation and Human Rights (PDF)

Edward Fitzgerald QC

Inner Temple Reader’s Lecture Series, 18th March 2013

Source: www.innertemple.org.uk