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Browse \ Sections \ Public Law & Human Rights \ Section Pick

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Cherry v AG for Scotland, Part I: Is a No-Deal Brexit Necessarily Implied?

In anticipation of the decision of the Supreme Court in Cherry/Miller, this series considers the Scottish challenge to the Prime MInister's decision to prorogue Parliament. This is the first part of the series, which considers the decision of the Outer House of Scottish Court of Session

18:00, 23rd September 2019
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Heathrow Expansion: A Potential Developmental Delusion

Recently, the Conservative Party has seemed willing to back the expansion of London's famous Heathrow Airport, despite serious climate change implications. In May 2019, a judicial review claim regarding the plans was struck down in the High Court. Was this the correct decision for the court to make?

11:00, 25th June 2019
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The Shabby State of Surrogacy Laws in the UK

Surrogacy laws, in their current state, have many unacceptable gaps. This has led to the judiciary having to creatively interpret the law, leading to a haphazard band-aid fix that doesn't match up with the clear language of the legislation. Reform by Parliament is needed.

11:00, 28th May 2019
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The Shamima Begum Case: A Just Decision?

It is hard to empathise with Shamima Begum, the 19-year old girl that wishes to return to the UK after fleeing to join ISIS four years ago. However, the UK Government's reaction represents an unacceptable knee-jerk decision that can have dangerous consequences down the line.

11:00, 30th April 2019
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Domestic Abuse Bill: Migrants Falling Through the Cracks

The recently proposed Domestic Abuse Bill represents a great step towards protecting vulnerable persons that would otherwise continue to face life-threatening danger every day of their lives. However, it doesn't go far enough - specifically, migrants and minorities fall through its cracks.

12:00, 15th March 2019
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A British Bill of Rights Part I: Bringing Rights Home

Part I looks at the introduction of the Human Rights Act 1998, the justifications for it, and the transformative role it has played in the protection of civil liberties. Part II will look at the future for the HRA post-Brexit.

12:00, 12th February 2019
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Biased Judgment or Baseless Accusation? Impartiality in the Courts

It is of fundamental importance that justice is done and seen to be done - a key part of this is that the judiciary are impartial in their decision making. However, bias may undoubtedly seep through in some cases. The Court of Appeal considered where to draw the line in 2018.

12:00, 15th January 2019
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Revoking Article 50: Explaining the Possibility to Stop Brexit

As more and more evidence points to the fact that Brexit could become a catastrophic failure, the question of whether the notification of Article 50 can be reversed has arisen. This article explains the vital CJEU judgment, and AG Campos Sánchez-Bordona's Opinion, on the matter.

12:00, 11th December 2018
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Constitution & Convention: What’s Stopping A Second Brexit Referendum?

The vote for the United Kingdom to leave the European Union on 23 June 2016 has proven difficult for many to accept. As such, there is an increasingly popular movement of citizens campaigning for a second referendum. Such a vote, however, may prove politically and legally impossible.

12:00, 9th November 2018
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The Matrix Has You: Stop and Search in the Age of ‘Intelligence Policing’

The Gang Matrix is an online database used by the police to document and track gang members. However, recent reports from StopWatch and Amnesty International raise concerns about the database's legitimacy. This has a number of implications, in particular for racial targeting and individual privacy

11:00, 26th October 2018
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The Beatles Duo: Applying Precedent to a Human Rights and Judicial Review Claim

A recent leaked letter by Sajid Javid MP to the American Attorney General demonstrated Javid is not seeking assurance the US will not use the death penalty on the Isis 'Beatles duo'. This move has been called ‘unprincipled, incompetent, and almost certainly unlawful.’

11:00, 18th September 2018
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How the Home Office Misused Anti-Terror Legislation Against Skilled Migrants

Paragraph 322(5) of the Immigration Rules provides the Home Office with a broad power to refuse immigration applications. One of the grounds of refusal is 'undesirable conduct'; recently, the Home Office has misused this ground to target skilled migrants who make minor tax mistakes.

11:00, 17th August 2018
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The Treatment of Negligent Doctors: Reflections on the Dr Bawa-Garba Case

The case of a junior doctor stripped of her medical licence following the death of a six-year-old triggered mass outcry among medical professionals. In their view, it showed the current law's failure to appreciate how systemic issues in the NHS can lead to human error. Should the law be reformed?

11:00, 24th July 2018
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Enhancing Privacy and Data Protection: The GDPR and the Road Ahead

The previous legislation responsible for governing data protection had problems. It is therefore welcome that the GDPR enhances the protection over individuals’ privacy rights: it is a significant step in the right direction, filling in gaps previously left to the courts to cover.

11:00, 5th June 2018
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Section Pick September

Cherry v AG for Scotland, Part I: Is a No-Deal Brexit Necessarily Implied?

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