A list of articles and commentary on the proposed Bill of Rights

A list of links to legal opinion and academic commentary on the government’s proposed Bill of Rights. Where possible, all pieces are open access or otherwise without a paywall. This is a work in progress; please feel free to suggest any additions or amendments to me or via twitter: @LewisGrahamLaw

Link to Draft Bill

 

 

General: Reforming Human Rights Laws

Tom Hickman, A UK Bill of Rights? (24 March 2022)

Mark Elliott, The UK’s (New) Bill of Rights (22 June 2022), see section: “The Bigger Picture”

Merris Amos, Why the UK approach to replacing the Human Rights Act is just as worrying as the replacement itself (23 June 2022)

David Allen Green, The proposed Bill of Rights is a pointless distraction (27 June 2022)

Daniella Lock, Three Ways the Bill of Rights Undermines UK Sovereignty (27 June 2022)

Joint Committee on Human Rights, Letter to Dominic Raab MP (30 June 2022)

Lucy Moxham, The UK’s New Bill of Rights and the Implementation of ECtHR Judgments (8 July 2022)

Kirsty Hughes, The Bill of Rights and the Precarity of Abortion Rights (11 July 2022)

 

Clause 3: Interpretation of rights and relationship with Strasbourg

Background:

Lewis Graham, Going beyond, and going against, the Strasbourg Court (11 January 2022)

Commentary:

Mark Elliott, The UK’s (New) Bill of Rights (22 June 2022), see section: “ECtHR Jurisprudence”

Joint Committee on Human Rights, Letter to Dominic Raab MP (30 June 2022), see section: “Relationship between the UK Courts and the European Court of Human Rights”

 

Removal of section 3 HRA

Background:

Florence Powell and Stephanie Needleman, How radical an instrument is Section 3 of the Human Rights Act 1998? (14 March 2021)

Commentary:

Mark Elliott, The UK’s (New) Bill of Rights (22 June 2022), see section: “Interpretive Obligation”

British Institute of Human Rights, Removing the duty to apply laws to respect human rights (24 June 2022)

Robert Craig, An unexpected surprise in relation to the s 3 HRA duty to interpret (27 June 2022)

Joint Committee on Human Rights, Letter to Dominic Raab MP (30 June 2022), see section: “Interpreting and applying the law in a way that complies with human rights”

Stefan Theil, Henry VIII on steroids – executive overreach in the Bill of Rights Bill (July 6 2022)

Kyle Murray, The future of rights-enhanced interpretations under the Bill of Rights (12 July 2022)

 

Clause 4: Free Speech clause

Jacob Rowbottom, Will the Bill of Rights Bill enhance the protection of free speech? (29 June 2022)

Joint Committee on Human Rights, Letter to Dominic Raab MP (30 June 2022), see section: “Freedom of Expression”

Eric Heinze, A Bone Tossed to the Europhobes – Free Speech in Britain’s Proposed Bill of Rights (30 June 2022)

British Institute of Human Rights, Freedom of Expression (4 July 2022)

Gus Baker, The Bill of Rights Act 2022 and employment law: free speech implications (6 July 2022)

 

Clause 5: Positive Obligations

Mark Elliott, The UK’s (New) Bill of Rights (22 June 2022), see section: “Judicial Micromanagement”

Rory O’Connell, Twitter Thread on Positive Obligations (27 June 2022)

British Institute of Human Rights, Limiting obligations on public bodies to protect rights (24 June 2022)

Joint Committee on Human Rights, Letter to Dominic Raab MP (30 June 2022), see section: “Duty to protect human rights: positive obligations”

 

Clause 6: Rights of prisoners

Joint Committee on Human Rights, Letter to Dominic Raab MP (30 June 2022), see section: “Prisoners rights”

 

Clause 7: Proportionality and respect for Parliament

Mark Elliott, The UK’s (New) Bill of Rights (22 June 2022), see section: “The Role of Parliament”

Hayley Hooper, Clause Seven of the Bill of Rights Bill: Diluting Rights Protection and Undermining Parliamentary Democracy (27 June 2022)

British Institute of Human Rights, Reducing the important principle of
proportionality
(29 June 2022)

Guy Baldwin, The Proposed Bill of Rights and Constitutionalism in the UK (29 June 2022), see section: “Balancing”

John Eekelaar, When is a Right not a Right? The British Bill of Rights (7 July 2022)

 

Clause 8: Deportation

Mark Elliott, The UK’s (New) Bill of Rights (22 June 2022), see section: “Judicial micromanagement”

Joint Committee on Human Rights, Letter to Dominic Raab MP (30 June 2022), see section: “Deportation”

 

Clause 9: Fair Trial rights

Joint Committee on Human Rights, Letter to Dominic Raab MP (30 June 2022), see section: “A limited right to trial by jury”

 

Clause 10: Declarations of Incompatibility

Mark Elliott, The UK’s (New) Bill of Rights (22 June 2022), see section: “Declarations of Incompatibility”

Guy Baldwin, The Proposed Bill of Rights and Constitutionalism in the UK (29 June 2022), see section: “Declarations of incompatibility”

 

Clause 13: Standing and Initiating Challenges

Northern Ireland Human Rights Commission, Statement (22 June 2022)

Aoife O’Donoghue and Colin Murray, The Bill of Rights Bill: Playing Fast and Loose with the Belfast/Good Friday Agreement (Again) (24 June 2022)

 

Clause 14: Extraterritorial Application

Background:

Conall Mallory, Beyond Fantasy Island: The British solution to the extraterritorial conundrum (16 March 2022)

Commentary:

Marko Milanovic, The Sad and Cynical Spectacle of the Draft British Bill of Rights (23 June 2022)

Stuart Wallace, One Step Forward and Two Steps Back – The Bill of Rights Bill and Overseas Military Operations (29 June 2022)

Joint Committee on Human Rights, Letter to Dominic Raab MP (30 June 2022), see section: “Overseas Military Operations”

 

Clause 15: Permission

British Institute of Human Rights, Limiting access to justice by creating a new permission stage for court cases (29 June 2022)

 

Clause 18: Damages

Joint Committee on Human Rights, Letter to Dominic Raab MP (30 June 2022), see section: “Litigation and Remedies”

 

Clause 19: Removal of Compliance Statements

Joint Committee on Human Rights, Letter to Dominic Raab MP (30 June 2022), see section: “Parliamentary scrutiny of Human Rights”

 

Clause 24: Interim Measures

Background:

Vassilis Tzevelekos, On the Value of Interim Measures by the ECtHR on Inter-Sate Disputes (3 February 2021)

Law Gazette, Strasbourg’s Rwanda Ruling Divides Public Law Specialists (15 June 2022)

Commentary:

Joint Committee on Human Rights, Letter to Dominic Raab MP (30 June 2022), see section: “Interim Measures & complying with the UK’s International Obligations”

Lewis Graham, Interim Relief under the ECHR – Getting the Facts Right (2 July 2022)

Lucy Moxham, The UK’s New Bill of Rights and the Implementation of ECtHR Judgments (8 July 2022), see section: “Interim measures”

 

Relationship with Devolved Nations

Joint Committee on Human Rights, Letter to Dominic Raab MP (30 June 2022), see section: “Relationship with Devolved Nations”

Iain Jamieson, Effect of the Bill of Rights upon the meaning of Convention Rights under the Scotland Act (5 July 2022)

 

Relationship with Good Friday Agreement

Aoife O’Donoghue and Colin Murray, The Bill of Rights Bill: Playing Fast and Loose with the Belfast/Good Friday Agreement (Again) (24 June 2022)

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