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Browse \ Tags \ Human Rights
Problems with the Home Office’s Controversial ‘Good Character’ Test
The criterion applied under the 'good character' test regarding immigration has had disastrous effect. However, in 2021 a 'skills-based' immigration vision for all EU entrants into the UK will be implemented, transitioning our system from bad to worse.
11:00, 9th July 2019
A British Bill of Rights Part II: Human Rights After Brexit
Since its introduction towards the end of the millennium, certain groups of politicians have favoured the removal of the Human Rights Act 1998. Brexit seems to be a clear step in this direction, prompting concern as to the possible removal of protection surrounding these fundamental rights.
11:00, 2nd July 2019
Fundamental No More? Dual Nationality and the Loss of EU Citizenship
The European Court of Justice has steadily granted more and more extensive protection to citizenship law. However, a recent case - Tjebbes [2019] - represented a change in tone, considering whether EU law precludes national legislation providing for the loss of nationality by operation of law.
11:00, 18th June 2019
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
Hooding the Horrible? Spit Hoods, Reasonable Force and Human Rights
It was recently announced that spit hoods - meshed sacks placed over the heads of people that have spat at police officers - will be issued to frontline police officers. However, these hoods have important human rights implications and potentially deadly consequences.
12:00, 26th March 2019
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
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
The Gay Cake Case: Lee v Ashers Baking Company
For the past four years, fierce debate has surrounded whether a Christian couple could legally refuse to serve a cake adorned with the message 'Support Gay Marriage'. The Supreme Court recently considered whether this was lawful freedom of expression or bigoted discrimination.
11:00, 23rd October 2018
Sports Arbitration Revisited Pt II: Mutu and Pechstein v Switzerland
Following the recent case of RFC Seraing and Doyen Sports Company v FIFA and Others [2018], the ECtHR took a look at the concerning world of mandatory arbitration clauses in sports contracts in the hugely important Mutu and Pechstein v Switzerland [2018], handed down last week.
11:00, 16th October 2018
Sadomasochism following R v Brown: Domestic Violence or Sexual Autonomy?
The issue of whether consent can be a defence to sadomasochist sexual activity is applied inconsistently by the courts. The decisions are influenced by a number of biases - especially attitudes towards homosexuality and marriage. This article considers the implications for personal autonomy.
11:00, 12th October 2018
Sports Arbitration Revisited Pt I: Mutu and Pechstein v Switzerland
Following the recent case of RFC Seraing and Doyen Sports Company v FIFA and Others [2018], the ECtHR took a look at the concerning world of mandatory arbitration clauses in sports contracts in the hugely important Mutu and Pechstein v Switzerland [2018], handed down last week.
11:00, 9th October 2018
R v MK: Clarifying the Defence in Section 45 of the Modern Slavery Act
Under Section 45 of the Modern Slavery Act 2015, victims of trafficking have a defence when charged with certain criminal offences. In a recent decision the Court of Appeal was asked to decide on whom the burden of proof lies; in a welcome decision it restored the orthodoxy.
11:00, 7th September 2018
Film Review: 'The Children Act' - Does Justice Care?
The Children Act is the film adaptation of Ian McEwan's novel, the plot of which follows the interactions between a teenage Jehovah's Witness refusing a blood transfusion and the High Court judge tasked with deciding his case. This review considers how the perception of justice compares to reality.
18:00, 2nd September 2018
Tommy Robinson's Conviction and Appeal: Considering Contempt of Court
The recent Tommy Robinson saga - which saw his conviction, imprisonment and (temporary) release all occur in a matter of weeks - captured global media attention. The elusive legal concept of contempt of court underpinned the whole story. How exactly does it work?
18:00, 5th August 2018
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