Extending human and civic rights
The rights of non-UK EU citizens are still not a ‘done deal’
In his first appearance in the House of Commons as Prime Minister, Boris Johnson said that non-UK EU citizens would be ‘guaranteed’ the right to stay after Brexit, restating an earlier promise. However, the government has proposed no new primary legislation to achieve this. Alexandra Bulat explains how the existing settled status scheme still falls short of enshrining automatic rights, and how a ‘no deal’ Brexit would mean further uncertainties and inequalities in EU citizens’ rights.
The US Supreme Court has decided partisan gerrymandering is outside its remit. A democratic restoration now depends on the people alone.
The United States Supreme Court has determined that reviewing partisan gerrymandering cases was outside the remit of federal courts. Alex Keena, Michael Latner, Anthony J. McGann and Charles Anthony Smith argue that in failing to recognise the vote dilution caused by the redrawing of a state’s electoral district boundaries to the party in power’s advantage, as well as connecting the majority rule standard to the 14th Amendment, the decision removes Americans’ fundamental right to participate equally in the political process.
In the name of parliamentary sovereignty: how the conflict between the UK government and the courts over prisoner voting rights was really about executive power
In UK political disputes over European Court of Human Rights judgments, such as the high-profile objections to rulings on prisoner voting, much political capital is made out of the claim that the European Court is impinging on UK parliamentary sovereignty. However, Helen Hardman argues that the objections have instead been based on concern that court rulings would limit the decision-making powers of the government, rather than the independence and sovereignty of parliament. Archival and interview data demonstrate that the strategic purpose of the stand-off against the European Court was directed at weakening the European Convention system because it empowers UK domestic courts to effectively challenge government policy.
Have changes in counterterrorism legislation before and after 9/11 curtailed civil rights?
Nicole Bolleyer examines the extent and form of legal changes across five western countries in the decades that span 9/11 and finds that in general the level of legal constraints on civil liberties has grown, though with considerable variation between countries and in types of restrictions.
#DeniedMyVote – why many EU citizens were unable to vote in the European Parliament elections
On Thursday 23 May, the UK participated in European Parliament elections. Citizens of all EU countries should be able to vote in these elections in the country they live, but many non-UK EU citizens found they had been excluded from the electoral register and were unable to vote. Toby James explains how the government’s long-term failure to improve our electoral laws and short-term pressures led to many people being denied their right to vote.
The ‘hourglass’ pattern of representation: why political parties are key to electing more women to parliament
The underrepresentation of women in politics is often portrayed as a pyramid, with the main problem identified as too few at the top. However, research by Ulrik Kjær and Karina Kosiara-Pedersen, shows that, in the case of Denmark, it follows an hourglass pattern, with underrepresentation worst at the intermediary stages of party membership and candidate identification. This suggests that party strategies for encouraging women to stand are important for improving representation.
A strange irony: How the EU withdrawal process ended up saving the Human Rights Act
Even though it looks increasingly likely the Brexit deal will not survive its first hurdle in parliament, there is yet more evidence in its pages that Brexit has saved the Human Rights Act and secured Britain’s long term future as party to the European Convention on Human Rights (ECHR), writes Frederick Cowell. In the Political Declaration on the Framework of Future relations with the EU, the document accompanying the withdrawal agreement, under the heading ‘core values and rights there is a commitment to ‘respect the framework of the European Convention on Human Rights’. In the text of the withdrawal agreement itself – which would be a legally binding on the government – there are provisions in the Protocols on Northern Ireland, which seem to assume the UK remains a party to the ECHR.
Book Review | Striking Women: Struggles and Strategies of South Asian Women Workers from Grunwick to Gate Gourmet by Sundari Anitha and Ruth Pearson
In Striking Women: Struggles and Strategies of South Asian Women Workers from Grunwick to Gate Gourmet, Sundari Anitha and Ruth Pearson offer an in-depth examination of two strikes – the Grunwick strike of 1976–78 and the strike at Gate Gourmet in 2005 – to highlight how South Asian migrant women have contributed to the struggle for workers rights in the UK. Praising the book’s incorporation of the wider social and historical context, Amal Shahid finds this an informative and accessible read for those passionate about the history and sociology of labour, gender and migration studies.
The Supreme Court’s decision on Northern Ireland’s abortion law – what now?
Kathryn McNeilly, Fiona Bloomer and Claire Pierson explain the background and implications of the recent ruling which, although found Northern Ireland’s abortion law to be incompatible with human rights law, dismissed the case on technical grounds.
The Irish Citizens’ Assembly on the 8th Amendment is a model for participatory democracy, which other democratic countries should follow
Ireland’s referendum to repeal the 8th Amendment of its constitution, and so liberalise the country’s abortion laws, was preceded by a Citizens’ Assembly which recommended these reforms. This form of democratic participation, which crucially was state funded and informed the Irish government’s approach, is a model for producing better democratic decision making, argues Jack Bridgewater.
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