Contribution by Zoe Picton-Howell
In this Scottish case, an application by a father acting on behalf of his young child with disabilities and serious health problems, for judicial review of section 73 of the Social Security Contributions and Benefits Act 1992, as being incompatible with provisions of the European Convention on Human Rights was rejected by the Court of Sessions. …
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SM v Advocate General for Scotland [2010] ScotCS CSOH_15 (16 February 2010)
March 11, 2010 | No CommentsNational Offender Management Service Found in Breach of Race and Disability Laws
March 7, 2010 | No CommentsFollowing judicial review proceedings in the High Court of England and Wales by the Equality and Human Rights Commission against the National Offender Management Service, it was held that NOMS, in its treatment of some foreign prisoners, had failed to comply with laws on disability and race.
All public authorities are bound by law to conduct equality impact assessments and examine …
R (on the application of Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs
March 7, 2010 | No CommentsR (on the application of BINYAM MOHAMED) v SECRETARY OF STATE FOR FOREIGN & COMMONWEALTH AFFAIRS (2010)
This appeal was based on Binyam Mohamed’s request for disclosure by the UK government of documentation and information, so as to assist his defence against charges which he anticipated would be brought against him by the US.Important legal issues arise from the working relationship …
Read the full article »‘Is the Convention Ours?’
March 7, 2010 | No CommentsAn intervention by THE RIGHT HON LADY JUSTICE ARDEN DBE
Considering the theme for the opening of the legal year of the ECtHR, namely ‘The Convention is Yours’, this address asks whether the Convention is actually such. It considers the problematic reality of domestic law being misunderstood or misinterpreted by Strasbourg, in light of cases such as Osman v United Kingdom, …
Constitutional Reform Bill 2009
February 22, 2010 | No CommentsLords 1st Reading: 19.11.2009; 2nd Reading: 5.2.2010. A Bill to repeal the European Communities Act 1972 and the Human Rights Act 1998; to introduce binding referendum powers at national and local level; to require the approval of Parliament to enter into international treaties and to declare war; to make provision about the work of Parliament; to devolve legislative responsibility for …
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