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Dismantling the HRA: No method in the madness

Jocelyn Cockburn and Trudy Morgan struggle to see the sense in scrapping the Human Rights Act

26 May 2015

Plans to scrap the
Human Rights Act
(HRA) and replace it
with a British Bill of Rights and Responsibilities have sparked intense debate. When first mooted in October 2014, the plans were criticised by former attorney general Dominic Grieve for containing several legal 'howlers'. There is still no draft Bill and little detail on what will replace the HRA.

Formal link

It is very unclear how the
pledge to 'break the formal link between the British courts and the European Court of Human Rights' will be achieved. The proposals seek to clarify that
UK courts are not obliged to follow Strasbourg jurisprudence. This is a nuanced change as section 2 HRA already provides that domestic courts only need to take it into account.

The policy paper goes further, proposing the UK should only b...

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