Inhuman Rights: Is the Sun Right About the Human Rights Act?

At the inaugural Media & Public Policy Lecture (Media Standards Trust and King’s Policy Institute), Baroness Helena Kennedy QC examined the relationship between the tabloid press in the UK and the Human Rights Act 1998. This article will examine in further detail some of the key issues that were raised.   It is no secret… More Inhuman Rights: Is the Sun Right About the Human Rights Act?

New Directives on Defence Rights in the EU: Towards Progress?

Human rights play a key role in the determination of criminal law. And as an EU citizen, you are free to move and cross borders. But, would criminal proceedings be initiated against you, are your rights the same wherever you are? Do you always get a translation of the proceedings initiated against you in another… More New Directives on Defence Rights in the EU: Towards Progress?

Criticising the Use of Original Intent in Judicial Decision Making: An Application of Dworkin and American Legal Realism

I. Introduction: The Intentionalist Position* Richard Posner, noted that: “[A Judge], should try to think his way  as best he can into the minds of the enacting legislators and imagine how they  would have wanted the statute applied to the case at bar.”[1]This position advocates that a Judge must interpret statutes bearing in mind the… More Criticising the Use of Original Intent in Judicial Decision Making: An Application of Dworkin and American Legal Realism