05 July 2022
The Costs of Outsourcing
Last month the European Court of Human Rights (ECtHR) granted an urgent interim measure according to Rule 39 of the Rules of the Court in a case concerning an imminent removal of an asylum-seeker from the UK to Rwanda. The UK's policy of outsourcing sets another dangerous precedence when it comes to restricting territorial asylum and the basic rights of asylum seekers. It is expensive, contrary to international human rights obligations, has significant adverse effects on those affected, scratches the state´s reputation, and increases existing tensions with the ECtHR. Continue reading >>
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16 February 2022
A Profit that Creates Loss
The recent UK Supreme Court judgment of 2 February 2022 continues to exclude children from citizenship rights. The Court's decision is built on the idea that British citizenship is a statutory right rather than being based on common law or human rights law. As a consequence, the court's focus was on statutory interpretation instead of child welfare. The profit made from the children’s registration fees is at the expense of children who remain excluded from citizenship. Continue reading >>
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11 February 2022
British citizenship as a non-constitutional status
It would generally seem uncontroversial to suggest that citizenship constitutes a fundamental status in all democratic societies. The UK Supreme Court’s recent decision in PRCBC casts doubt on whether that assertion holds true. The judgment highlights the uneasy relationship between fundamental (or constitutional) rights and citizenship rights, as well as between common law rights and statutory rights, within the UK’s incompletely codified constitutional order. Continue reading >>
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04 February 2022
Terrorism law and the erosion of free speech in the UK
The horrifying nature and unpredictability of terrorist attacks in the past two decades meant that in the UK, the extensions of state power had considerable public support in the years following 9/11. While useful to authorities dealing with an unpredictable threat, there are several factors in the laws that provide a potent recipe to erode expression rights. Continue reading >>
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22 November 2021
Lloyd v Google: towards a more restrictive approach on privacy protection in the UK?
The UK Supreme Court has delivered its much-awaited judgment in Lloyd v Google - a highly significant case for the development of privacy law in the United Kingdom. The Supreme Court paints an overly thin picture of data privacy and raises important concerns about possible divergence from EU standards in the future. Continue reading >>
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11 November 2021
The UK’s Securitisation and Criminalisation of Migration and Asylum
The Nationality and Borders Bill is the culmination of the UK government’s increasingly securitised, criminalised and hostile approach to asylum and migration. While 9/11 served to solidify the highly dubious nexus between migration and terrorism, the UK (alongside other destination states) has for decades been implementing restrictive migration policies and practices designed to deter and prevent asylum seekers and other migrants from reaching its territories and accessing safety. Continue reading >>
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31 May 2021
‘Religiously’ following science
On Wednesday, 26 May Dominic Cummings spoke in a 7-hour-long evidence session in front of the Joint Science and Technology Committee and Health and Social Care Committee of the British House of Commons. He made clear at least three things that are interesting for students of constitutionalism, and, in particular, of the implicit constitutionalism that determines the relationship between scientific expertise and power. Continue reading >>18 May 2021
The UK’s Online Safety Bill: Safe, Harmful, Unworkable?
On 12 May 2021, the UK Government published the long-awaited Online Safety Bill. While the UK Government aims to show “global leadership with our groundbreaking laws to usher in a new age of accountability for tech and bring fairness and accountability to the online world”, this claim is more than doubtful. Continue reading >>
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17 May 2021
Nation of Animal Lovers
On May 12, 2021, the UK government published an Action Plan for Animal Welfare setting out reform plans to protect animals both within its borders and overseas. In this plan, the UK government pledges to further steps in its efforts to promote animal welfare and to recognize animals as sentient beings in law. As the ‘Nation of Animal Lovers’ the UK has a comparatively impressive record of animal welfare legislation. Yet, the tone of government communication is tainted by adversity against the EU in the context of Brexit. Continue reading >>
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17 May 2021