Managing the post-Brexit human rights transition
As is well recognised, the UK's withdrawal from the European Union ("Brexit") has had a significant legal impact within the UK.
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Summary
One of the less highly publicised dimensions is the extent to which human rights law within the UK is impacted by Brexit.
Firstly, the UK Government elected to exclude the EU Charter of Fundamental Rights from post Brexit UK law.
Secondly, the Brexit process has lead to a regeneration of political focus on the European Convention of Human Rights and the Human Rights Act, with recent calls for an "overhaul" of that Act. The EU, as part of the Brexit negotiations, insisted upon UK human rights law maintenance, thus creating the potential for future conflict on this issue.
Finally, questions arise specifically in relation to Northern Ireland, with reference to human rights in the Protocol, along with pre-existing human rights commitments in the Good Friday Agreement.
This is an evolving area of law with lots of scope for conflict and questions as to how UK courts will manage the transition to post Brexit human rights law.
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