By Prof Sir Malcolm Evans, Professor of Public International Law (University of Bristol Law School) and Chair, United Nations Subcommittee for Prevention of Torture.
On Thursday 26th January a debate took place in Parliament* on the ‘shrinking space for civil society’ in international human rights protection. I was recently at a meeting where it was pointed out that this description of the problem – which is much discussed in international circles at the moment – made it sound vaguely as if it was something to do with washing things at the wrong temperature, and meant very little to most people. To the extent that effective human rights protection is based on openness and transparency, which might be summed up in the idea of ‘washing dirty linen in public’, the idea of human rights being ‘shrunk in the wash’ at the moment is not altogether a bad one – but this hardly helps convey the significance of what is taking place and why it matters enough to warrant a debate in Parliament. The reality is that there is something extremely worrying going on in many parts of the world – which is that those who stand up for those in need are themselves increasingly subjected to various forms of attack, including physical attack, for doing so. Continue reading →
Last week’s judgment in the High Court is a ringing endorsement of the sovereignty of Parliament. It asserts that ‘Parliament can, by enactment of primary legislation, change the law of the land in any way it chooses’ (at ). It explains why the ‘subordination of the Crown (ie executive government) to law is the foundation of the rule of law in the United Kingdom’ (at ), including references to the bedrock of the UK’s Constitution, the Glorious Revolution, the Bill of Rights, and constitutional jurist AV Dicey’s An Introduction to the Law of the Constitution. The Crown has broad powers on the international plane, for example to make and unmake treaties, but as a matter of English law, these powers reach their limits where domestic law rights are affected. EU law, by virtue of the European Communities Act 1972 (described again as a constitutional statute), does indeed have direct effect in domestic law. As a result of the fact that the decision to withdraw from the European Union would have a direct bearing on various categories of rights outlined in the judgment (at -), the Crown cannot, without the approval of Parliament, give notice under Article 50. Continue reading →
Biblical law is certainly an area where perceptions are key. Even if you don’t know very much about biblical law, you’ll likely have an opinion about it.
What does biblical law make you think of? What associations spring to mind, especially when you turn off the internal editor? For some of us the associations are primarily negative. We might see it as being out-of-date, violent or misogynistic. Our perceptions may be profoundly moulded by the fact it has the death penalty for certain offences. For some of us, our associations may be exactly the reverse. We might see biblical law as being ethically relevant – authoritative, even. We may see it, positively, as being concerned with liberating the oppressed, protecting the weak, and seeking justice. Continue reading →