Richard Ekins KC (Hon) is Head of Policy Exchange’s Judicial Power Project and Professor of Law and Constitutional Government, University of Oxford.
It is twenty-five years to the day since the Human Rights Act 1998 (HRA) came into force. In that time, human rights law has not become a settled, accepted part of our constitution. To the chagrin and dismay of many lawyers, including no doubt Sir Keir Starmer and Lord Hermer, it remains stubbornly controversial. But the controversy is
Fresh from agreeing to surrender the Chagos Islands to Mauritius, the government may be about to reach an equally damaging agreement with the Republic of Ireland in relation to legacy cases in Northern Ireland. Recent statements by the Secretary of State for Northern Ireland, Rt Hon Hilary Benn MP, suggest that the Northern Ireland Troubles
It has become an article of faith in some quarters that the UK’s withdrawal from the European Convention on Human Rights (the ECHR) would breach or undermine the Belfast (Good Friday) Agreement. The Prime Minister, Keir Starmer, played this card only last week, in response to the Reform party’s proposals for addressing illegal migration. For her part, the Leader of the
When should a foreign offender be deported? The government’s new policy is that foreign offenders should be deported immediately after conviction, rather than after having served some fraction of a sentence of imprisonment imposed by a court. The measure is framed as ‘radical action’ to strengthen border security and to fix the broken criminal justice system, with
Lord Hermer KC has done it again. Delivering RUSI’s annual security lecture this week, the Attorney General set out to ‘depolarise’ the debate about international law, before promptly comparing those who are open to withdrawal from the European Convention on Human Rights (ECHR) with Carl Schmitt, the notorious German jurist who joined the Nazi party
Is the European Court of Human Rights a foreign court? For the former diplomat Lord Hannay of Chiswick, this ‘lamentable, dog-whistle nomenclature is not even accurate, since the court has had many admirable British judges down the years’. Strictly, the Strasbourg Court may be an international court rather than a foreign court – and it is true and
The Lady Chief Justice, Baroness Carr, has told reporters that she is “deeply troubled” by a recent exchange between the Prime Minister and the Leader of the Opposition during Prime Minister’s Questions – and that she has written to the Lord Chancellor to complain. This is an extraordinary, and extraordinarily ill-advised, intervention in the political process,
The government’s fealty to human rights law is not in doubt. Still, one might have hoped that the human rights lawyers who dominate this government – the Prime Minister, Sir Keir Starmer KC and the Attorney General, Lord Hermer KC – would handle human rights law effectively, distinguishing weak from strong arguments and making a reasonable
Our new government’s most closely-held commitment is to the primacy of human rights law. Shortly after taking office, Keir Starmer vowed that under his leadership the UK will ‘never’ leave the European Convention on Human Rights (ECHR). Last month, the Attorney General, Lord Hermer KC, undertook ‘to counter the false choice, offered by some, between parliamentary democracy and fundamental
Rishi Sunak has promised to respond to the Supreme Court’s judgment that the Rwanda policy is unlawful by agreeing a new treaty with Rwanda and introducing fast-track legislation to parliament. This has been widely ridiculed, as if the proposal were for parliament simply to ignore findings of fact made by the Supreme Court or, worse, for parliament to authorise
The death of Lord Brown of Eaton-under-Heywood means that Britain has lost a great jurist – but also, unusually in this era, a formidable parliamentarian as well. He was a modest, unassuming man (few non-lawyers will know his name), yet he made a remarkable contribution to the law and government of this country, embodying the best
The government’s inability to control our maritime border is a public scandal. Bold action is needed to make crossing the Channel pointless and put the people smugglers out of business. This will be impossible without major legal reform. So it is good news that the government is about to introduce new legislation to Parliament. The government’s Rwanda plan
In contrast to its leadership in relation to economic sanctions against the Russian state, the UK has been much too slow in imposing sanctions on named Russian oligarchs and officials. The problem is not a lack of political will. Ministers have found it very difficult to swiftly impose sanctions on Russian nationals because of the
Events in Birmingham this week reveal a crisis in the policing of public protest. It was no surprise that protestors would make their views loudly known outside the Conservative party conference. In exercising their rights to assemble and to speak, protestors play an important role in a democracy. But some of those attending the conference,
The Judicial Review and Courts Bill has its second reading today. Writing for the Guardian yesterday, David Davis MP denounced the government’s plans as ‘an obvious attempt to avoid accountability [and] to consolidate power’ which is ‘profoundly un-conservative’. He could not be more wrong. The Bill is a welcome first step in restoring the balance
Extinction Rebellion (XR) are once again blocking London’s streets, reportedly emboldened by the Supreme Court’s recent Ziegler decision – which found that deliberately blocking roads can be lawful protest. The police maintain that the judgment does not substantially change the law and that XR, like everyone else, has a right to assemble and protest but
The return of lockdown measures across parts of northern England, as well as the announcement of dozens of new peerages, almost entirely overshadowed the Lord Chancellor’s launch on Friday of an independent review of administrative law. Lord Faulks QC, former minister of state for justice, is to lead five other barristers and academic lawyers in examining
It is startling to see the Court of Appeal take over the Home Secretary’s responsibility in deciding who should be allowed to enter the UK – judging for itself the relative importance of national security considerations. But this is what the Court did in its judgment today, by opening the door for Shamima Begum to return
Some human rights lawyers have warned that emergency legislation to prevent automatic early release of convicted terrorists – confirmed by Boris Johnson at Prime Minister’s Questions today – may be unlawful and will be challenged in the courts. But the warning should not deter Parliament from enacting this legislation. It is for Parliament, not the
The main business for Parliament this week will be to consider the European Union (Withdrawal Agreement) Bill. Enacting the bill will make it possible for the UK to ratify the withdrawal agreement and thus to leave the EU later this month in an orderly fashion, with EU law set to continue in force in the
