Richard's Consti & Theory Blog

This is where I post my (fairly random) thoughts on issues I come across in Constitutional Law, and in Legal Theory more generally. I need to make clear that the contents of this Blog are no-one else's responsibility (except where law dictates), and that no trees died in the making of this part of the blogosphere. I may try to be witty ...

Thursday, July 20, 2006

'No Change' - if only ...

As the BBC report, the Government has decided that "Human rights laws will not change."

What they must mean by this is that they are not going explicitly to amend the Human Rights Act 1998 - surely never a politically serious proposition anyway.

However, even tho' the Government have abandoned the idea (same report) of getting a ministerial veto over Human Rights judgements in the courts - you may wish to re-read those last few words and check out that link (and this one, if not easily frightened) before continuing - they can achieve plenty by implied repeal and issuing 'guidance' to government bodies (and bullying Judges).

I wonder how long this non-interference will last if the Court of Appeal (and then the Law Lords) uphold Mr Justice Sullivan's Human Rights objections to the Prevention of Terrorism Act 2005's Control Orders regime in Re MB (2006) ?

This is the reality of David Cameron's call for a 'British Bill Of Rights' - that our Judges are already - for better or worse - interpreting the European Convention / Human Rights Act in (with respect) surprising ways that happen to preserve the existing UK law. See eg Alconbury (on the Planning laws) and Wilson v Sec of State for Trade / First County (on Consumer Credit).

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