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  • Nearly Legal on Weaver

    Carl Gardner
    July 2, 2008

    Before my post yesterday, Nearly Legal wrote extensive comments on the case – I recommend a visit for anyone interested in the case. Nearly Legal has also commented here at Head of Legal.

    I think the amendment […]

    Tags: housing, human rights
  • Functional public authorities under the Human Rights Act

    Carl Gardner
    July 1, 2008

    Jut over a year ago, the Lords settled the debate about whether care homes carry out functions of a public nature, and so are public authorities subject the the Human Rights Act; it decided, in YL v […]

    Tags: housing, human rights, human rightsism, social care
  • R v G: charging policy and respect for private life

    Carl Gardner
    June 27, 2008

    The other reader request comes from an equally esteemed legal chap whose legal interests closely match those of Head of Legal and who finds early mornings equally or perhaps even more challenging. He asks what I […]

    Tags: children, crime, house of lords, human rights, human rightsism, private life, rape
  • In Re P: UK courts may enforce Convention rights within the margin of appreciation

    Carl Gardner
    June 18, 2008

    The Lords’ judgment in the case of In Re P (Northern Ireland) is an important one on the relationship between the UK courts applying the Human Rights Act 1998 on the one hand, and the European Court […]

    Tags: family, house of lords, human rights
  • Peter Hain’s question at PMQs

    Carl Gardner
    June 18, 2008

    Why on earth is anyone waiting anxiously for the result of the run-off “election” in Zimbabwe? If people there are brave enough to dare to vote for the MDC (and resourceful enough to get round all the barriers Mugabe will […]

    Tags: human rights, zimbabwe
  • Pakistan: deposed judges must be restored

    Carl Gardner
    June 14, 2008

    I’m sorry to say the new Pakistani government has been dragging its feet about restoring the judges deposed by General Musharraf last November – but I’m glad to say the lawyers’ movement is keeping up the pressure with a big […]

    Tags: human rights, Pakistan
  • Boumediene and others v Bush: the Supreme Court’s Guantanamo ruling

    Carl Gardner
    June 14, 2008

    I’ve not posted yet on this important case from the US Supreme Court: I’m sorry, there’s just been too much fun happening in the British Isles this week. But I mustn’t keep you from the judgment itself; here’s a […]

    Tags: human rights, terrorism, US constitution, US Supreme Court
  • David Davis’s amazing announcement

    Carl Gardner
    June 12, 2008

    The shadow Home Secretary David Davis has astonishingly announced he will resign his seat in East Yorkshire and force a by-election on the single issue of liberty: he sees it as a personal campaign to stop the government’s erosion of […]

    Tags: human rights
  • So – they got it

    Carl Gardner
    June 12, 2008

    But only by a scrape. Gordon Brown and Jacqui Smith won their commons vote on the reserve power to extend terror suspects’ detention up to 42 days. They got the votes of a few vital Labour backbenchers and of the […]

    Tags: counter-terrorism bill, human rights, terrorism
  • Counter-Terrorism Bill: today’s debate

    Carl Gardner
    June 11, 2008

    I’ve had the debate on in the background this afternoon (while marking a never-ending pile of exam papers on free movement of goods and persons) – and it’s not been a bad one. Bill Cash has obsessively been intervening to […]

    Tags: counter-terrorism bill, human rights, terrorism
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