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Academic Research Public Law

Why do some returning officers wear silly hats?

I have been attending election counts, lately as an election agent, for over 20 years. One thing I’m often asked at these counts (as one of the lawyers there) is why some English declarations involve returning officers in chains, gowns, and silly hats; but not in some other constituencies; and never in Scotland. The answer […]

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Academic Research International Law Public Law

Does the Rwanda affair support the repeal of the Rwanda Act or reform of the Human Rights Act 1998?

Introduction This blog examines the Rwanda saga and the constitutional dilemma created by the policy and passing of the Safety of Rwanda (Asylum and Immigration) Act 2024 (“the Rwanda Act”), together with its human rights implications. Once again, the application of the European Convention on Human Rights (“ECHR”) has enraged the UK Government and increased […]

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Academic Research Public Law

Legislation, human rights and the rule of law: what was wrong with the Northern Ireland Troubles Act 2023?

Steve Foster comments on the recent decision of the Northern Ireland High Court that finds the 2023 Act in breach of both the Human Rights Act 1998 and the European Union (Withdrawal) Act 2018

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Academic Research Public Law

No ID? No vote! Voter ID comes to Great Britain

The passing of the Elections Act 2022 means that individuals in Great Britain will be required to show photographic identification when voting at polling stations in some elections from May 2023. Ben Stanford explores the issues arising from the changes and suggests that rushing the introduction of voter ID in Great Britain is indicative of a wider pattern of recent democratic backsliding. 

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Academic Research Public Law

Getting rid of the Human Rights Act and ‘European’ human rights law

Dr Steve Foster examines the government’s recent proposals to repealing the Human Rights Act 1998

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Academic Research Public Law

Asylum Seekers, the Government’s Rwandan policy and the Domestic and European Courts

Dr Steve Foster examines the legal battle in both the domestic courts and the Strasbourg Court over the legality of sending asylum seekers to Rwanda.

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Academic Research Public Law

How I Changed the Law

Dr Stuart MacLennan describes how a chance conversation with a former councillor led to him proposing changes to the law.

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Academic Research Public Law

Protection of journalistic sources versus the investigation of terrorism: Chris Mullin’s victory for press freedom

Dr Steve Foster notes a recent decision upholding the fundamental right of journalists to protect its sources

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Academic Research Public Law

Smack Mack, don’t sack, give the man a bone! Belligerent councillors, free speech and the right to stand for election

Dr Steve Foster and Dr Stuart MacLennan report on a recent decision of the Court of Session that upholds the regulation of political misconduct, but insists on proportionality.

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Academic Research Public Law

Public protest, police powers and proportionality

Dr Steve Foster examines a recent decision of the High Court that highlights the importance of using proportionality in human rights disputes, here in the context of restricting peaceful protest