Month: June 2022

Bill of Rights: An unexpected surprise in relation to the s 3 HRA duty to interpret

Posted on by foluke.adebisi

 

by Robert Craig, the Law School, University of Bristol

The long awaited Bill seeking to reform the Human Rights Act 1998 (‘HRA’) was released on 22 June and is complex enough to cause an immediate outbreak of cold towels and hot-water-in-bowls amongst the legal Twitterati. No doubt there will be many hot takes on the substance of the new Bill of Rights Bill (‘BoRB’) but an early and fairly comprehensive analysis has been provided by Mark Elliott. For an even more aggressive response to BoRB see Daniella Lock on the UKCLA blog, published on 27 June. This post examines one slightly unusual aspect of the proposed new regime which is the effect of BoRB on legislation that has been expansively construed under s 3 HRA. This is by no means the only example of complications thrown up by the Bill and no doubt others will emerge in discussion on twitter and elsewhere. One well known legal commentator has amusingly described a particular twitter thread on 22 June as “legal geekery of the gods”. (more…)

Why is entering into multiple procurement-related free trade agreements problematic?

Posted on by foluke.adebisi

by Albert Sanchez-Graells, Professor of Economic Law and Co-Director of the Centre for Global Law and Innovation

Banana stem cross section. Photo Credit: Ian Jacobs

Post-Brexit, the UK has been repositioning itself in the global trade scene. Focusing on trade-related public procurement liberalisation, the first two moves for the UK were: one, to join the World Trade Agreement Government Procurement Agreement (GPA), of which it had been a member via the EU, and two, to enter into a comprehensive procurement chapter with the EU in the EU-UK Trade and Cooperation Agreement (TCA). As a result of these two moves, the UK largely consolidated the pre-Brexit status quo and ensured continuity in market access for UK suppliers abroad, as well as foreign suppliers in the UK.

The next move is now for the UK to expand procurement-related trade liberalisation via free trade agreements (FTAs), of which it has signed one with Australia and another with New Zealand. The UK is also seeking accession to other multilateral FTAs covering procurement, such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). Interestingly, both Australia and New Zealand are parties to the GPA and to the CPTPP, so the UK is about to create a triple layer of regulation of procurement liberalisation with these two countries, as all relevant procurement exercises will be subjected to the GPA, the CPTPP and the FTAs. Is this a problematic strategy? (more…)

Why the police in England and Wales must do more than just learn lessons

Posted on by foluke.adebisi
by Clare Torrible, University of Bristol Law School
Sandor Szmutko | Shutterstock

 

Police accountability is crucial to trust and confidence in the police. Quite what form that accountability should take, though, is a matter of debate.

Isolated incidents of excessive force may correctly be seen as culpable and requiring disciplinary action. Others might more appropriately be interpreted as indicating that training is needed. The question, then, is whether the aim of good and fair policing is best served by greater emphasis on officers being sanctioned or on them learning lessons. (more…)

What Should You Know about the Global Law Clinic Movement and Human Rights Education?

Posted on by foluke.adebisi

By Omar Madhloom, University of Bristol Law School

 

Many law firms now not only have dedicated pro bono departments, but also engage in pro bono in other jurisdictions. Broadly speaking, pro bono is the provision of legal services to individuals or groups who do not have the means to enforce their claim rights. Violations of human rights are now able to affect every member of the global community, and globalization facilitates human rights issues. Consequently, there is a global language of morality which includes the concern for justice, which inevitably extends to a discussion over protection of human rights. The question, therefore, is how to teach and train future lawyers to identify and respond to global injustices? One answer to this question is by embedding human rights education into Clinical Legal Education (CLE). (more…)