19 July 2022
The Bill of Rights Bill and the damages of UK’s unilateralism
Just a fortnight before the resignation of Prime Minister Boris Johnson, the UK Government published its draft Bill of Rights Bill, which seeks to repeal and amend the 1998 Human Rights Act which incorporated the ECHR into UK law (section 1(1) of the Bill). The Bill is an expression of a broader trend emerging in UK policies to unilaterally amend (or even avoid) international law commitments. Continue reading >>
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13 July 2022
When National Laws and Human Rights Standards Are at Odds
The UK Government’s agenda to erode human rights and to disentangle the UK from its European partners has now been fully materialised. Soon after Brexit, the UK Government announced its intention to replace the Human Rights Act, which incorporates the rights set out in the ECHR into domestic law, with a British Bill of Rights. The replacement draft Bill of Rights is now being considered by Parliament. Although the draft Bill confirms that the catalogue of rights remains the same, it introduces many significant changes. The draft Bill will water down, not strengthen, human rights protection in the UK. Continue reading >>
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08 July 2022
For Whom The Bell Tolls
Less than three years ago, Boris Johnson led his party to their largest election victory since 1987. Today, his premiership is in ruins, his party has abandoned him, and he has resigned in disgrace. The political aspects of the United Kingdom’s constitution are often said to be founded on the belief that politicians are good chaps. In reality, this constitution, at least when it comes to issues of survival, is based on the maintenance of confidence. Once that is gone, so are you. Continue reading >>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