Fenwick, Helen (2012) 'The Human Rights Act or a British Bill of Rights : creating a down-grading recalibration of rights against the counter-terror backdrop?', Public law. (July). pp. 468-490.
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.
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|Record Created:||17 Jan 2012 12:50|
|Last Modified:||27 Feb 2015 10:12|
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