With the current turmoil in Westminster, attention to the government’s proposed Bill of Rights Bill has temporarily fallen away. But whatever the leadership contest throws up, the debate still rages: do we repeal and replace the Human Rights Act 1998? Leave it in place, or update it? Dominic Raab’s Bill will probably have to wait a while for its second reading in the Commons; in the mean time, Rosalind English combs through its provisions with Andrew Warnock QC, whose practice at 1 Chancery Chambers involves many cases involving claims based on the European Convention of Human Rights and the 1998 Act. Listen to Episode 167 for an in-depth survey of the new Bill’s proposals.
Here are the citations for the cases referred to in the interview:
R (On the application of Elan-Cane) v Secretary of State for the Home Department [2021] UKSC 56
Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4
Ghadian v Godin-Mendoza [2004] UKHL 30
R (on the application of Al-Skeini) v Secretary of State for Defence [2007] UKHL 26
Secretary of State for the Home Department v F [2009] UKHL 28
Al-Skeini v United Kingdom (2011) 53 E.H.R.R. 18
Anufrijeva v London Borough of Southwark [2003] EWCA Civ 1406
Osman v United Kingdom (2000) 29 E.H.R.R. 245
DPP v Ziegler [2021] UKSC 23
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