The Human Rights Act or a British Bill of Rights: creating a down-grading recalibration of rights against the counter-terror backdrop?

Fenwick, Helen

Abstract

Examines the arguments in favour of repealing the Human Rights Act 1998, and replacing it with a UK Bill of Rights, as they apply to counter-terrorism context. Reviews case law on the human rights compatibility of counter-terrorist measures, including the "re-balancing" arguments used to justify restrictions on individual rights to protect national security, and considers whether a Bill of Rights re-balancing clause would have achieved different outcomes. Discusses the Conservative Party's proposal for the reform of the Strasbourg system through the adoption of an enhanced subsidiarity principle.

Citation

Fenwick, H. (online). The Human Rights Act or a British Bill of Rights: creating a down-grading recalibration of rights against the counter-terror backdrop?. Public Law, 468-490

• Journal Article Type: Article
• Deposit Date: Oct 18, 2011
• Journal: Public Law
• Print ISSN: 0033-3565
• Publisher: Sweet and Maxwell
• Peer Reviewed: Peer Reviewed
• Issue: July
• Pages: 468-490
• Public URL: https://durham-repository.worktribe.com/output/1536146
• Publisher URL: http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=469&productid=7106