On 23 and 24 February 2022, the Global Justice Academy, together with the Strathclyde Centre for the Study of Human Rights Law and Newcastle Forum…
Comments closedCategory: Constitutional Change
On 23 and 24 February, the Global Justice Academy (GJA), Strathclyde Centre for the Study of Human Rights Law and Newcastle Forum for Human Rights and Social Justice, along…
Comments closedThis post is by Constanza Nuñez, a Ph.D. candidate at University Carlos III of Madrid (Spain). LL.MM in Advanced Human Rights Studies (University Carlos…
Comments closedIn this post, Veronica Luhtanen and Sofie Quist, recent graduates from the LLM Human Rights programme and research assistants at the University of Edinburgh School…
Comments closedThis blog, by Valentina Rioseco Vallejos, concerns the current Chilean crisis. It aims to provide the context under which the crisis is occurring, while making…
Comments closedDr Dimitrios Kagiaros (Edinburgh Law School) reports on a recent workshop, ‘Specifying and Securing a Social Minimum’, held at the International Institute for the Sociology…
Comments closedDagmar Topf Aguiar de Medeiros is reading for a PhD in Law at the University of Edinburgh, and is an intern at UN House Scotland.…
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This post by GJA Director, Professor Christine Bell, was first published on the Centre on Constitutional Change blog on 26 March 2016, co-published with European Futures.
Amid pronouncements about the UK as an island nation, scant media or political attention has been paid to its only land border with the EU – between Northern Ireland and the Republic. However, says Professor Christine Bell in this extended analysis, the impact of Brexit on the institutions built up as part of the Peace Process would be considerable.
The EU referendum and the possibility of ‘Brexit’ raise distinct questions for Northern Ireland as a devolved region within the UK as part of the peace process. In the referendum debate, more attention needs to be given in the rest of the UK to Northern Ireland, the one part of the UK which has a land border with another EU country.
Political Divisions and the EU Referendum Campaign
The first key question as regards the EU referendum’s impact in Northern Ireland relates to the distinctiveness of its political settlement: how will the Brexit campaign affect political relationships – ever fragile – within Northern Ireland?
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Director of the Global Justice Academy and Professor of Constitutional Law at the University of Edinburgh, Christine Bell, first blogged on the difficulties that repeal of the Human Rights Act would pose for the UK’s devolved settlements in May 2015. This blog builds on those initial arguments, first appearing on . It has since been picked up by the UK media.
The Conservative government’s proposed repeal of the Human Rights Act (HRA) and possible withdrawal from the European Convention on Human Rights (ECHR) and Council of Europe, would have far-reaching implications for the UK’s devolved administrations and relations with the Republic of Ireland. These run deep into the constitutional marrow of the nations involved; so deep that it is difficult to see how repeal of the Act could take place without their consent. The government’s difficulties in relation to, especially, Scotland and Northern Ireland are significant but different and worth reviewing separately.
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Can the UK’s Human Rights Act be repealed? What would the process need? Is it even possible? What are the legal implications?
Christine Bell, Professor of Constitutional Law at Edinburgh Law School, Assistant Principal Global Justice and Director of the Global Justice Academy, offers this review of the current debate on repealing the Human Rights Act, and points readers to other available resources.
In the past few days repeal of the Human Rights Act, and in particular its devolution implications have attracted a lot of attention. Today, a new report is launched from a legal expert seminar in April 2015, on the legal implications of repeal of the human rights act (see below). The report provides the full chapter and verse, but here are a few quick points on the devolution implications, with further more detailed and reasoned resources below.
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