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British bill of rights plan to be unveiled ‘this autumn (fromLSG)


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http://www.lawgazette.co.uk/law/british-bill-of-rights-plan-to-be-unveiled-this-autumn/5050869.article?utm_source=dispatch&utm_medium=email&utm_campaign=GAZ080915

 

"The Ministry of Justice today confirmed that it will ‘bring forward’ proposals for a British bill of rights, to replace the Human Rights Act, this autumn."

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maybe a bad move for those that dont like the HRA, depending on its content/status. :)

 

the ECtHR allows already for the so called 'margin of appreciation'. if a domestic highest courts' decision is foul of the ECtHR, then thats that. so far as they are subject to it.

 

there is also the ICCPR.

 

:)

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\yes you can bet your life there will be a bucketful of unintended consequences if and when this is enacted.

 

Did you also notice that the magistrates courts costs/fees are about to be reviewed.

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to me, the courts have long had regard to the ECHR under common law. the HRA just being a clearer restatement (as required by eu membership), nothing new. the requirements of proportionality, rights incursion, etc being the same. the prob was sometimes the courts interpretation seemingly being unbalanced in favour of the ECHR. whereas if they had regard to their own system which gives them the 'margin'. not forgetting also that some of the 'topical' decisions are made by the ECtHR, regardless of the HRA. and, unlike decisions by the ECJ, ECtHR decisions are not as binding. i think we are still in breach of the right to privacy as there is no effective domestic remedy?

a bill of rights might actually have more HR weight.

:)

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Waste of time as it would make little difference. The ECHR would still exist and some cases would still get there.

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