The Law Lords and Human Rights

This article presents an empirical analysis of the impact of the Human Rights Act on the House of Lords. Drawing on a database of judgments from 1994 to 2007, changes in judgment‐giving behaviour are identified by charting patterns of agreement and dissent across different categories of case. Voting records are also examined in order to identify whether significant differences exist between individual Law Lords in their approach to human rights cases.     

Defining Damage in the House of Lords

This comment examines the recent House of Lords decision in Rothwell v Chemical and Insulating Co Ltd. It concludes that despite seeming unsympathetic to claimants, the decision is to be welcomed for the clarity it brings to the tort of negligence by defining the concept of damage more precisely.     

The House of Lords and homeless people's rights

For the past 20 years, there has been legislation enshrining certain rights for homeless people. This essay is an assessment of the judiciary's role towards homeless people as far as it applies to the most senior court, the House of Lords. It describes the nature of those issues where the House of Lords have had the opportunity to discuss the operation of the homeless persons legislation. It also seeks to explore the reasons why the approach taken has been restrictive. The House of Lords has played an important part in interpreting the homeless rights legislation. The restrictive role of their Lordships is contrasted with other areas where the court has taken rather more generous perspectives on the rights of vulnerable people. It canvasses the various reasons why this should have occurred and notes that limited assistance can be gleaned from traditional approaches to this judicial task. It suggests that the concept of differential politicization throws useful light on the process.     

The House of Lords in Al-Jedda and Public International Law: Attribution of Conduct to Un-Authorized Forces and the Power of the Security Council to Displace Human Rights

Netherlands International Law Review -     

House of Lords simplifies the law on patent entitlement

The House of Lords has held that, to claim entitlement to another'spatent or patent application, a person need only prove thathe was the inventor of the subject-matter of the patent, anddoes not also need to invoke ‘some other rule of law’as required previously by the Court of Appeal in Markem v Zipher[2005] RPC 31.     

The Defeat of Shabina Begum in the House of Lords

The Court of Appeal last year delivered a well-publicised judgment declaring that now 17-year-old Shabina Begum had been unlawfully excluded from Denbigh High School when she insisted on wearing the Islamic ‘jilbab’ ([2005] EWCA Civ. 199; [2005] 1 W.L.R. 3372; [2005] 2 All E.R. 396 (Judgment of 2 March 2005); The Times, 4 March 2005, at p. 85. See also J. Gau, “Muslim Dress – School Exclusion – Human Rights”, Ecclesiastical Law Journal 8/37 (2005), pp. 239–240.). The dispute received huge national and international press coverage, but on Wednesday 22nd March 2006, in a remarkable u-turn, the House of Lords overturned the Court of Appeal’s decision on all counts (R (On the Application of Begum) v Headteacher and Governors of Denbigh High School [2006] UKHL 15 (Judgment of 22 March 2006); The Guardian, 23 March 2006, at p. 6; and The Independent, 23 March 2006, at p. 4. Members of the Appellate Committee were Lord Bingham of Cornhill; Lord Nicholls of Birkenhead; Lord Hoffmann; Lord Scott of Foscote and Baroness Hale of Richmond.). The reversal meant Shabina’s Article 9 right to manifest a belief had not been violated by the school. This analysis will briefly examine the reasoning behind their Lordship’s judgment and will provide a short commentary on the likely effect the decision will have on religious groups wishing to wear religious symbols in UK schools. LLB (Hons), LLM, Cert. Ed. Mohammad Idriss is Senior Lecturer in Public Law at Coventry University, United Kingdom and is a PhD Candidate at the University of Birmingham; M.Idriss@Coventry.ac.uk     

Disclosure and enablement: the House of Lords clarifies the law on novelty

In this important decision on the law of novelty, the Houseof Lords has reformulated, without significantly changing, theGeneral Tire test for a novelty-destroying prior disclosure,confirming that the requirement of enablement is distinct fromthat of disclosure.     

The House of Lords and the Northern Ireland Conflict – A Sequel

This article begins by commenting on an analysis undertaken by the late Stephen Livingstone of 13 cases relating to the troubles in Northern Ireland decided by the House of Lords between 1969 and 1993. It then attempts to repeat the analysis in respect of 12 such cases decided between 1994 and 2005. Areas of law arising for consideration during both periods include the rules on the use of lethal force, aspects of substantive criminal law and criminal procedure and the rights of persons arrested or imprisoned. The more recent cases also raise fundamental questions concerning the status and meaning of the Good Friday Agreement of 1998. The article concludes that there has been a sea-change in the way the Law Lords have handled the Northern Irish cases. From treating them in a way which might have suggested a built-in bias in favour of police, army and government perspectives, they have moved to analysing the competing arguments in the light of more modern approaches to statutory interpretation, the rule of law and human rights.     

论房屋征收适足住房权保障原则

被征收房屋具有适足住房权保障属性,保障的对象包括被征收房屋所有权人、承租人、居住权人及违章建筑所有人。适足住房权保障原则应当在房屋征收立法中得到体现,应特别禁止非法强制搬迁。     

Select committees in the UK House of Lords: the economic affairs committee

ABSTRACT

The Select Committees of the House of Lords enjoy a high reputation. But is this merited? In particular, do their reports have any effect on real-world policy? A detailed analysis of the work of the Economic Affairs Committee from 2010 to 2014 by Lord Lipsey, a member of the committee, reveals a patchy record though with some striking results, for example, with regard to reform of the ‘Big 4’ auditors. It shows that obtaining press coverage of the committee's reports was central to their subsequent effect on policy-making.