Aspects of Fundamental Rights Convergence in Europe with Some Comparative References to the Developments in Germany, United Kingdom and France

2016 ◽  
pp. 1-12
Author(s):  
Rainer Arnold ◽  
Eva Feldbaum
Keyword(s):  
United Kingdom ◽  
Fundamental Rights

Countering terrorism or criminalizing curiosity? The troubled history of UK responses to right-wing and other extremism

2021 ◽  
pp. 147377952198934
Author(s):  
Lucia Zedner
Keyword(s):  
United Kingdom ◽  
Hate Crime ◽  
Freedom Of Speech ◽  
Fundamental Rights ◽  
Right Wing ◽  
Political Ideas ◽  
The United Kingdom ◽  
Violent Extremism ◽  
History Of ◽  
Right Wing Extremism

The growth of right-wing extremism, especially where it segues into hate crime and terrorism, poses new challenges for governments, not least because its perpetrators are typically lone actors, often radicalized online. The United Kingdom has struggled to define, tackle or legitimate against extremism, though it already has an extensive array of terrorism-related offences that target expression, encouragement, publication and possession of terrorist material. In 2019, the United Kingdom went further to make viewing terrorist-related material online on a single occasion a crime carrying a 15-year maximum sentence. This article considers whether UK responses to extremism, particularly those that target non-violent extremism, are necessary, proportionate, effective and compliant with fundamental rights. It explores whether criminalizing the curiosity of those who explore radical political ideas constitutes legitimate criminalization or overextends state power and risks chilling effects on freedom of speech, association, academic freedom, journalistic enquiry and informed public debate—all of which are the lifeblood of a liberal democracy.

Fundamental rights: The United Kingdom isolated?

1984 ◽  
Vol 10 (2) ◽  
pp. 955-971 ◽  
Author(s):  
Anthony Lester
Keyword(s):  
United Kingdom ◽  
Fundamental Rights ◽  
The United Kingdom

The Canadian Charter, the British Connection, and the Americanization Thesis: Toward a Montesquieuean Analysis of Rights and Their Protection

2017 ◽  
Vol 50 (4) ◽  
pp. 1061-1081
Author(s):  
Samuel V. LaSelva
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Fundamental Rights ◽  
Canadian Charter ◽  
Canadian Identity ◽  
Pierre Trudeau ◽  
The United Kingdom ◽  
New Beginning ◽  
Inalienable Rights

AbstractThis article examines the Canadian Charter with reference to “the British connection” and “the Americanization thesis.” It also attempts to demonstrate the importance of Montesquieu'sThe Spirit of the Lawsin addressing these issues. Pierre Trudeau insisted that a Charter of Human Rights would provide Canadians with a new beginning and settle difficult questions about the Canadian identity. His critics said that fundamental rights were already protected because Canada had a constitution similar in principle to the United Kingdom, and that the proposed Charter was a step in the Americanization of Canada. What a Montesquieuean analysis helps to identify are significant limitations in both “the British connection” account and “the Americanization thesis.” And, by the avoiding the abstract universalism of Trudeau's “inalienable rights” theorizing and Dworkin's “rights as trumps” regime, a Montesquieuean analysis also helps to demonstrate the distinctiveness of Canadian constitutionalism from Confederation to the Charter.

scholarly journals Restrictions of Rights and Freedoms during the COVID-19 Pandemic in the United Kingdom of Great Britain and Northern Ireland

2021 ◽  
Author(s):  
Maria Moulin-Stozek
Keyword(s):  
United Kingdom ◽  
Great Britain ◽  
Northern Ireland ◽  
Fundamental Rights ◽  
State Of Emergency ◽  
Legal Documents ◽  
The United Kingdom ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Fundamental Rights And Freedoms

In the United Kingdom of Great Britain and Northern Ireland fundamental rights and freedoms are protected by the Human Rights Act 1998. Some of them were limited during a state of emergency declared on the basis of Civil Contingencies Act 2004 and, particularly relevant for the current COVID-19 crisis, Public Health (Control of Disease) Act 1984. The review of legal documents and literature indicates that the lockdown regulations – mainly Health Protection (Coronavirus Restrictions) (England) Regulations 2020 – adversely affected the everyday life of British citizens. This article discusses if those restrictions could have potentially interfered with some of the fundamental rights.

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