Tag: Human Rights Act

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…)

Abortion in Northern Ireland: The Ewart Judicial Review Judgment

Posted on by lee.mcconnell

By Dr. Jane Rooney, Lecturer in Law (University of Bristol Law School)

NB: Abortion law in Northern Ireland is set to change on 22nd October 2019 if the suspended Northern Irish Assembly continues to not function on or after 21st October. This blog post contextualises and recognises the continued relevance of judicial review proceedings challenging the prohibition on abortion in Northern Ireland in cases of fatal foetal abnormality within a dynamic, multi-layered legal, political and social context.

On 3rd October 2019, the High Court of Justice in Northern Ireland decided that Northern Irish abortion law was incompatible with the Human Rights Act 1998 (HRA) insofar as it prohibited abortion in cases of fatal foetal abnormality (FFA). Justice Keegan decided to refrain from pronouncing on the remedy before hearing further submissions by the parties involved: she delayed the decision over whether to make a declaration of incompatibility (DOI) pending further submissions.[1]  This judicial review case follows a momentous year in activism, litigation, and legislative reform on abortion in Northern Ireland. The following provides context to the judgment, and a summary of the key reasoning employed. It then focuses on the DOI point which is yet to be concluded. A DOI should be made for two primary reasons. First, this remedy is warranted in the circumstances of the prohibition on abortion in cases of FFA. It can be distinguished from Nicklinson which introduced the idea that a DOI need not be made despite finding an incompatibility. Second, to proceed with refusing a DOI despite finding an incompatibility, and normalising Nicklinson, would have broader consequences for the human rights protection system in the UK. (more…)

Privatising Land in England

Posted on by lee.mcconnell

By Prof Antonia Layard, Professor of Law (University of Bristol Law School)

While land law often hits the front pages of the Daily Mail (“Homeowners back from vacation encounter a motormouth squatter”), two recent books have taken the UK broadsheets by storm. The first is Brett Christophers’s The New Enclosures: The Appropriation of Public Land in Neoliberal Britain, the second is Guy Shrubsole’s Who Owns England: How We Lost Our Green and Pleasant Land. Both books are concerned with transparency (and the niceties of land registration) as well as why ownership matters.

Building on years of work by Kevin Cahill, Doreen Massey, Andy Wightman, Anna Powell-Smith and James Meek – along with Domesday Book, the 1873 Return of Owners of Land and Lloyd George’s 1910 Valuation Office Survey – Shrubsole is able to build a picture of property dominance by a few, estimating that half of England is owned by less than 1% of the population (at least 30% of whom are aristocracy and gentry). According to Shrubsole, the state now owns 8% of England’s land mass, although it used to be much more. In fact, Christophers estimates that approximately two million hectares, or ten percent of the Britain landmass, have left the public sector for private ownership between 1979 and 2018.

So why does land ownership matter? As all law students learn, land ownership brings with it rights and privileges (as well as obligations, in respect of taxation and occupiers liability). Unless there are specific exceptions, the land is mapped as right to roam access land, for instance, or as a highway, the landowner can ask any person to leave: refusal converts entry into a trespass. As owners, landlords can charge market rents to let out their houses, developers can – subject to planning – transform former libraries and convert them into flats. Land ownership brings prestige, power and the potential for profit. (more…)