The Impact of Human Rights on the UK Legislative Process

2004 ◽  
Vol 25 (2) ◽  
pp. 91-115 ◽  
Author(s):  
D. Feldman
Keyword(s):  
Human Rights ◽  
Legislative Process ◽  
The Uk ◽  
The Impact

The Journalist—Source Relationship in Context: A Comparative Review of US and English Law

2009 ◽  
Vol 38 (3) ◽  
pp. 268-294
Author(s):  
Stuart Wallace
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
State Level ◽  
Potential Threat ◽  
Shield Law ◽  
Special Procedure ◽  
European Court ◽  
Comparative Review ◽  
The Uk ◽  
The Impact

This paper analyses the legal protection of the journalist–source relationship from both sides and the underlying interests involved. The paper begins by analysing why the relationship deserves protection. The position of journalists at common law is analysed with a discussion of the application of the principle established in Norwich Pharmacal v Customs and Excise to journalists. The development of immunity from contempt in s. 10 of the Contempt of Court Act 1981 is examined to illustrate the ideological clash between the judiciary and journalists. The impact of the Human Rights Act and decisions of the European Court of Human Rights are analysed to assess whether this will lead to a change in attitudes in the UK. Finally, the potential threat to journalists posed by compelled evidentiary disclosure in criminal cases is reviewed, with a particular look at ‘special procedure’ material. The US section begins with an analysis of the law at federal level, the decisions of the Supreme Court, including the leading decision of Branzburg v Hayes, as well as the role the legislature has played. The paper then analyses protections provided at state level, with a case study of the California shield law and a review of Californian jurisprudence.

Australian Bills of Rights and the ‘New Commonwealth Model of Constitutionalism’

2013 ◽  
Author(s):  
Simon Evans ◽  
Julia Watson
Keyword(s):  
Human Rights ◽  
High Court ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Key Features ◽  
The Uk ◽  
High Court Of Australia ◽  
The Impact

This chapter examines the influence of the new Commonwealth model of human rights protection (exemplified by the UK Human Rights Act 1998) on the form of the two Australian statutory Bills of Rights, and then considers the impact of Australia's distinctive legal culture and constitutional structure on the operation of these instruments. In particular, it examines the impact of culture and structure in the decision of the High Court of Australia in R. v Momcilovic [2011] HCA 34; (2011) 280 A.L.R. As a result of that case, key features of the Australian Bills of Rights now diverge from the dominant UK approach, a divergence so striking that it may no longer be possible to identify the Australian Bills of Rights as exemplars of the new Commonwealth model.

21. Applications: prisoners’ rights

2021 ◽  
pp. 433-447
Author(s):  
Howard Davis
Keyword(s):  
Human Rights ◽  
The State ◽  
European Convention ◽  
Legal Knowledge ◽  
Key Points ◽  
Self Test ◽  
The Uk ◽  
Article 5 ◽  
The Impact ◽  
Domestic Law

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter considers the application of Convention rights in the field of prisoners’ rights; the impact of Convention rights on prisoners in the UK is considered. Prisoners remain within the protection of the European Convention on Human Rights, though the application of these rights will take their position into account. Prisoners’ rights include not only rights to the non-arbitrary loss of liberty (Article 5) and rights to fair procedures (Articles 5 and 6), but also not to be disproportionately denied the rights and freedoms in Articles 8–11. Imprisonment deprives individuals of their liberty and, therefore, is a public function for which the state is responsible under the Convention. The controversy over prisoners’ right to vote is discussed in Chapter 25.

2. Legislation

Legal Skills ◽  
2019 ◽  
pp. 14-42
Author(s):  
Emily Finch ◽  
Stefan Fafinski
Keyword(s):  
Human Rights ◽  
European Convention ◽  
European Economic ◽  
Eu Legislation ◽  
Domestic Courts ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
The Impact ◽  
Law Making

This chapter first considers the process by which Acts of Parliament come into being. It then turns to delegated legislation—that is, law that is made by other bodies under Parliament’s authority. Next, it looks at EU legislation, which had an increasingly significant effect from the time that the UK joined the European Economic Community in 1973. It explains the various institutions of the EU and their role in the law-making process; the different types of EU legislation; and the circumstances in which individuals may use them in domestic courts, pre-Brexit. Finally, the chapter discusses the impact of the European Convention on Human Rights and the Human Rights Act 1998.

15. Evidence from Outside

2018 ◽  
Author(s):  
Andrew Defty ◽  
Hannah White
Keyword(s):  
Twentieth Century ◽  
Government Policy ◽  
Central Place ◽  
Professional Experience ◽  
Legislative Process ◽  
Members Of Parliament ◽  
External Evidence ◽  
The Uk ◽  
Oral Evidence ◽  
The Impact

This chapter considers the UK Parliament's use of external evidence in the scrutiny of policy and legislation. Throughout the nineteenth and most of the twentieth century, Members of Parliament (MPs) drew on their professional experience outside of Parliament to provide informed scrutiny of government policy and legislation. Since the latter part of the twentieth century, however, there has been a significant increase in opportunities for Parliament to draw on external evidence. Today, external evidence occupies a central place in Parliament's scrutiny and legislative functions. The chapter first examines how select committees scrutinize policy and administration, making a distinction between written evidence and oral evidence, before discussing the impact of evidence-taking on the legislative process for draft bills that are subject to scrutiny by public bill committees. It also describes formal mechanisms by which evidence and expertise are drawn into Parliament.

2. Legislation

2021 ◽  
pp. 19-48
Author(s):  
Emily Finch ◽  
Stefan Fafinski
Keyword(s):  
Human Rights ◽  
European Convention ◽  
European Economic ◽  
Eu Legislation ◽  
Domestic Courts ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
The Impact ◽  
Law Making

This chapter first considers the process by which Acts of Parliament come into being. It then turns to delegated legislation—that is, law that is made by other bodies under Parliament’s authority. Next, it looks at EU legislation, which had an increasingly significant effect from the time that the UK joined the European Economic Community in 1973. It explains the various institutions of the EU and role they had in the law-making process; the different types of EU legislation; and the circumstances in which individuals could use them in domestic courts, prior to Brexit. Finally, the chapter discusses the impact of the European Convention on Human Rights and the Human Rights Act 1998.

scholarly journals Poverty as a Political Choice: a Comparative Analysis of Reports of the UN Rapporteur’s Visits to the UK and Spain

2021 ◽  
Author(s):  
Ian Cummins ◽  
Emilio José Gómez-Ciriano
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Comparative Analysis ◽  
Social Workers ◽  
The State ◽  
The Other ◽  
Role Of The State ◽  
The Uk ◽  
The Impact

AbstractThis paper presents a comparative analysis of two reports by the UN Rapporteur on Extreme Poverty and Human Rights, one for Spain and one for the UK. In both countries, austerity policies were introduced following the banking crisis of 2008. The UN Rapporteur reports highlight the damage that was done by welfare retrenchment. In particular, the reports document the impact of austerity on the most vulnerable individuals and communities. The paper uses Somers' (2008) conceptual model of citizenship as the basis for a comparative analysis of two reports. Somers' (2008) model of citizenship is a triadic one which sees the state, market and civil society as competing elements. Each one can serve to regulate and limit the influence or excesses of the other two. Somers argues that neoliberalism has seen the dominance of the market at the expense of the role of the state and the institutions of civil society. Austerity policies saw the market dominating. Having examined the context of the two reports and their conclusions, the paper discussed the implications for individual social workers’ practice and the role of social work as a profession in tackling poverty and marginalisation.

Smith & Wood's Employment Law

2019 ◽  
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Human Rights ◽  
Historical Context ◽  
Legal Protection ◽  
Practical Experience ◽  
Employment Law ◽  
Complete Uncertainty ◽  
Industrial Action ◽  
The Uk ◽  
The Impact ◽  
The Eu

Smith & Wood’s Employment Law draws on the extensive teaching and practical experience of its authors to provide students with a clear explanation of essential legislation and case detail while also offering incisive academic commentary and critical detail to help with essay preparation and class work. Throughout the book, topics are carefully explained in their social and historical context, providing readers with an insight into the fast-paced development of employment law and offering perceptive analysis of its future direction. This fourteenth edition has been produced against the background of the 2015 and 2017 elections and of course with the largest elephant in the room of the result of the referendum on membership of the EU. The meaning of the latter remains a matter of almost complete uncertainty even t the time of writing two years later, and indeed is likely to remain so for much of the currency of this edition, but where appropriate it contains speculation as to possible effects. At the opposite end of the spectrum, this edition also contains the up-to-date case law on detailed employment law developments such as ACAS early conciliation, whistleblowing, discrimination law across all the forms of protected characteristics, and the whole question of the effect of modern phenomena such as social media use on traditional areas of employment law. On the collective level, this edition includes a consideration of the impact of the Trade Union Act 2016 on the calling of industrial action, picketing and time off for union activites and the latest decisions of the European Court of Human Rights, the EFTA Court and the UK courts on the impact of human rights law and of EU economic freedoms on collective labour law, in particular in relation to union recognition for bargaining and in relation to the banning of industrial action. It also considers whether the 2018 amendments to the Posted Workers Directive have any impact on the legality of any industrial action which affects the EU freedom to provide services across the boundaries of member states. More generally, it examines the extent to which workers and unions have legal protection for collective action relating to members of the gig economy Finally, the changes to the style and layout of the book adopted in the last edition have been maintained, in order to aid accessibility for the reader, given the ever-increasing complexity of the law itself here.

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