Download or read book Terrorism Act 2000 Remedial Order 2011 written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2011-06-15 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Terrorism Act 2000 (Remedial) Order 2011, an urgent remedial order concerning exceptional counter-terrorism powers to stop and search without reasonable suspicion was made by the Home Secretary on 17 March 2011 and came into force on 18 March 2011. The purpose of the Order is to remove the incompatibility of the current statutory powers to stop and search without reasonable suspicion (in sections 44 to 46 of the Terrorism Act 2000) with the right to respect the private life in Article 8 of the European Convention on Human Rights ("ECHR"). The Joint Committee on Human Rights accepts the necessity of introducing a replacement stop and search power and agree with the Government there are compelling reasons for using the remedial order procedure. It does provide for much greater parliamentary scrutiny, but the Committee does recommend that the Government provides more detailed evidence of the sorts of circumstances in which the police have experienced the existence of an operational gap in the absence of a power to stop and search. Without such detailed scrutiny it is difficult for the Committee to reach a view as to the appropriateness of proceeding by urgent remedial order. The Committee also recommends that the Order be replaced with a new Order modifying the provisions and removing the incompatibility identified by the ECHR.

Download or read book Human Rights Acts written by Kris Gledhill and published by Bloomsbury Publishing. This book was released on 2015-05-28 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are now a number of statutes in different parts of the world that offer non-constitutional protection for human rights through mechanisms such as strong interpretive obligations, quasi-tort actions and obligations on legislatures to consider whether statutes are felt to breach human rights obligations. They exist in New Zealand, the United Kingdom, Ireland, the Australian Capital Territory and Victoria. The aim of this book is to consider the jurisprudence that has developed in these various jurisdictions relating to these mechanics for the promotion of human rights; relevant case law from countries such as Canada, South Africa and the United States that have a supreme law constitutional approach is also featured. Chapters cover such matters as the choice between a supreme law and non-supreme law bill of rights, the different approaches adopted as to how legislators are alerted to possible breaches of fundamental rights as Bills progress, the extent of the interpretive obligation, the consequences of failing to reach a rights-compliant interpretation, and the remedies available in litigation. The book is aimed at practitioners and also at academics and policy makers. '... Kris Gledhill addresses for the first time, and in some considerable detail, the dynamics operating within different common law systems that seek to integrate international fundamental rights obligations into domestic law . . . The strength of this book is to explore apparent antitheses . . . with intellectual depth so that the relationship between human rights law on the international level and human rights law on the domestic level becomes clearer and comes to be seen not so much as a sharp legal dichotomy but, rather, as the fashioning of mechanisms . . . to integrate international and domestic fundamental rights regimes so that they work harmoniously.' From the Foreword by Richard Gordon QC, Brick Court Chambers 'Gledhill's study bridges the gap between the promise of international human rights commitments and the protection afforded those rights by statutory bills of rights, a model that has been adopted in countries such as New Zealand, the UK, Ireland, and Australia. It is an invaluable resource.' Grant Huscroft, Western University Faculty of Law

Download or read book Sessional Returns written by Great Britain: Parliament: House of Commons and published by The Stationery Office. This book was released on 2012-09-14 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: On cover and title page: House, committees of the whole House, general committees and select committees

Download or read book Proposal for the Sexual Offences Act 2003 Remedial Order 2011 written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2011-10-13 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: A draft of the proposed instrument is available separately (ISBN 9780111512357 )

Download or read book The Changing Constitution written by Jeffrey L. Jowell and published by Oxford University Press, USA. This book was released on 2011-07-14 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays by leading experts in British constitutional law covers the main areas of recent reform and anticipates further developments. These are considered against a background of general principles, including constitutionalism, parliamentary sovereignty, membership of the EU, and globalisation.

Download or read book Responding to Human Rights Judgments written by Great Britain: Ministry of Justice and published by The Stationery Office. This book was released on 2012-09-12 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the latest report in a series of broadly annual papers to the Joint Committee on Human Rights (the Joint Committee) setting out the Government's position on the implementation of adverse human rights judgments from the European Court of Human Rights and the domestic courts. This paper is divided into three main sections: (i) general introductory comments, including wider developments in human rights and the process for implementation of adverse judgments; (ii) the UK's record on the implementation of judgments of the European Court of Human Rights and a two part overview of significant European Court of Human Rights judgments that have become final in the previous twelve months and that became final earlier and are still under the supervision of the Committee of Ministers; and (iii) information about declarations of incompatibility in domestic cases. The aim of the report is to keep the Joint Committee up-to-date with the Government's response to human rights judgments and any significant developments in the field of human rights. The report covers the period 1 August 2011 to 31 July 2012.

Download or read book Ministry of Justice Responding to Human Rights Judgments Report to the Joint Committee on Human Rights on the Government Response to Human Rights Judgments 2012 13 Cm 8727 written by Great Britain. Ministry of Justice and published by The Stationery Office. This book was released on 2013 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the latest in a series of reports to the Joint Committee on Human Rights setting out the Government's position on the implementation of adverse human rights judgments from the European Court of Human Rights (ECtHR) and the domestic courts. It covers the period 1 August 2012 to 31 July 2013. The main focus of this paper is on two particular types of human rights judgments: judgments of the ECtHR in Strasbourg against the United Kingdom under the European Convention on Human Rights (ECHR); and declarations of incompatibility by United Kingdom courts under section 4 of the Human Rights Act 1998. A feature of these judgments is that their implementation may require changes to legislation,4 policy or practice, or a combination thereof

Download or read book Legislative scrutiny written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2011-12-19 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing special attention to Legal Aid, Sentencing and Punishment of Offenders Bill (HL Bill 109, ISBN 9780108401701)

Download or read book Implementation of the Right of Disabled People to Independent Living written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2012-03 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report discusses the implementation of the right of disabled people to independent living in the context of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) which was ratified by the UK in 2009. It draws attention to a number of significant human rights issues, including: the need for freestanding legislation to protect the right to independent living in UK law; the effect of current reforms to benefits and services on the ability of disabled people to enjoy independent living; the role played by the UNCRPD in policy development and decision making at all levels of government; the use of equality impact assessments; the effects of devolution on implementation of the UNCRPD; and hate crime. The right to independent living does not exist as a freestanding right in UK law. Although it is protected and promoted to some extent by a matrix of rights, the Committee believes that this is not enough. It argues that the Government and other interested parties should immediately assess the need for, and feasibility of, legislation to establish independent living as a freestanding right. The Committee finds that reforms to benefits and services risk leaving disabled people without the support they need to live independently. It also finds that the Government had not conducted an assessment of the cumulative impact of current reforms on disabled people. This report urges them do so, and to report on the extent to which these reforms are enabling them and local authorities to comply with their obligations under the UNCRPD

Download or read book The justice and security green paper written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2012-04-04 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Joint Committee on Human Rights (JCHR) calls for statutory clarification of law on disclosure of national security-sensitive material, but finds no case for more extensive change. The Government has failed to make the case for extending "closed material procedures" to all civil proceedings and to inquests: the Government has not demonstrated that the fairness concern on which it relies to justify the proposal is in fact a real and practical problem. The Committee believes that closed material procedures are inherently unfair and the proposals in the Green Paper are a radical departure from longstanding traditions of open justice and fairness. Nor does it accept that replacing the current law governing disclosure of sensitive material (the law of Public Interest Immunity, or "PII") with closed material procedures is justified. The rule of law requires that decisions about the disclosure of material in legal proceedings be taken by judges not ministers and the current legal framework of PII has not been shown to be inadequate. There is a case, however, for that legal framework to be made clearer in the way in which it applies to national security-sensitive material and the Committee suggests how that could be done by legislation and changes to the Coroners Rules and guidance. The Committee regrets that the Green Paper overlooks the very considerable impact of its proposals on the freedom and ability of the media to report on matters of public interest and concern.

Download or read book Appointment of the Chair of the Equality and Human Rights Commission written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2012-10-18 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: Endorses appointment of Baroness O'Neill as chair of the Equality and Human Rights Commission

Download or read book HL 49 HC 746 Legislative Scrutiny 1 Serious Crime Bill 2 Criminal Justice and Courts Bill Second Report and 3 Armed Forces Service Complaints and Financial Assistance Bill written by The Stationery Office and published by The Stationery Office. This book was released on 2014 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recommends amendments to the Health and Social Care Bill to ensure that private (or voluntary) sector care homes which accommodate publicly-funded residents are brought within the scope of the Human Rights Act. House of Commons papers 303 2007-08.

Download or read book Parliament and the Law written by Alexander Horne and published by Bloomsbury Publishing. This book was released on 2018-02-22 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Parliament and the Law (Second Edition) is an edited collection of essays, supported by the UK's Study of Parliament Group, including contributions by leading constitutional lawyers, political scientists and parliamentary officials. It provides a wide-ranging overview of the ways in which the law applies to, and impacts upon, the UK Parliament, and it considers how recent changes to the UK's constitutional arrangements have affected Parliament as an institution. It includes authoritative discussion of a number of issues of topical concern, such as: the operation of parliamentary privilege, the powers of Parliament's select committees, parliamentary scrutiny, devolution, English Votes for English Laws, Members' conduct and the governance of both Houses. It also contains chapters on financial scrutiny, parliamentary sovereignty, Parliament and human rights, and the administration of justice. Aimed mainly at legal academics, practitioners, and political scientists, it will also be of interest to anyone who is curious about the many fascinating ways in which the law interacts with and influences the work, the constitutional status and the procedural arrangements of the Westminster Parliament.

Download or read book HL 189 HC 1293 Legislative Scrutiny 1 Criminal Justice and Courts Bill and 2 Deregulation Bill written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2014-06-11 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Joint Committee on Human Rights welcomes the provision in the Criminal Courts and Justice Bill, carried over from the last Session of this Parliament, which extends the current offence of possession of extreme pornography to include possession of pornographic images depicting rape and other non-consensual sexual penetration. The Committee considers this provision to be human rights enhancing, given the evidence of cultural harm done by such pornography, and acknowledges the strong justification provided for this proportionate restriction on individual rights. However, some of the provisions of the Bill cause concern. The Committee is disappointed that the Government has not examined the provisions of the Bill against all the relevant international standards relating to the rights of children. It urges the Government to provide further information in relation to SEN provision in secure colleges; and recommends that the Bill be amended to make explicit that secure college rules can only authorise the use of reasonable force on children as a last resort. The Committee also reports on the Deregulation Bill. It expresses its concern that application of the economic growth duty in that Bill to the Equality and Human Rights Commission (EHRC) risks the possibility of that body's UN accredited 'A' status being downgraded and could put the UK in breach of its obligations under EU equality law. It recommends that this duty not be applied to the EHRC unless that body is satisfied that it can be done in a way that will not restrict its independence.

Download or read book Human Rights and the United Kingdom Supreme Court written by Brice Dickson and published by Oxford University Press, USA. This book was released on 2013-03-28 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does the UK Supreme Court approach human rights law? This book provides the first comprehensive overview of human rights in the highest UK court, criticizing the failure of UK judges to develop the common law in sympathy with human rights.

Download or read book House of Lords House of Commons Joint Committee on Human Rights The Implications for Access to Justice of the Government s Proposals to Reform Legal Aid HL 100 HC 766 written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2013-12-13 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: The report The Implications For Access To Justice Of The Government's Proposals To Reform Legal Aid (HL100, HC 766) concludes that the government should reconsider its proposals for the reform of legal aid. The government has so far made welcome exemptions to its proposed residence test in the light of responses to its consultation, but the Committee is still not satisfied that the proposed test will not affect vulnerable groups. While accepting that it is legitimate for the government to introduce a residence test for civil legal aid and to restrict the scope of prison law funding, the Committee calls for more and broader exemptions from these proposals to avoid breaches of the fundamental right of effective access to justice in individual cases. The exceptional funding framework may not be working as intended and could therefore leave certain groups unable to access legal aid when human rights law requires it. The proposal to remove cases with

Download or read book HL 130 HC 1088 Human Rights Judgements written by The Stationery Office and published by The Stationery Office. This book was released on 2015 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: