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13 October 2011 / Hle Blog
Issue: 7485 / Categories: Blogs
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Rule Britannia?

HLE blogger Simon Hetherington examines the current human rights debate surrounding immigration reform

A couple of weeks ago, we commented on the ruling by the European Court of Human Rights against the deportation after prison of a rapist who, during his fight against deportation, had built up a family life capable of being protected under Art 8 of the European Convention on Human Rights (the Convention). At the same time we noted the interim advice on the reform of that court, issued by the Commission on a Bill of Rights.

Roll forward a fortnight, and as if by magic the government is flagging up its intention to do something about (1) making it easier for us to deport criminals and suspected terrorists, and (2) replacing the Human Rights Act with a Bill of Rights for Britain.

The government is stepping with care: the whole subject of human rights and related matters, if not exactly taboo, is a source of strain between the coalition partners.

The line chosen by the prime minister and the home secretary is therefore a deliberately fine one: deal with the deportation question by amending the Immigration Rules, rather than making it a Human Rights Act issue and colliding with the Liberal Democrats; and continue the approach to repealing the Human Rights Act by way of the independent commission.

This does not feel right. Whether or not the situation in relation to deportation is something that needs fixing, it is inextricably linked to the right to a family life within the terms of the Convention. It follows that if change is needed, such change impacts upon human rights. To effect it by way of Immigration Rules is questionable…”

Continue reading at  www.halsburyslawexchange.co.uk

Issue: 7485 / Categories: Blogs
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
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Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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