Stefan Theil
@stheil.bsky.social
Public law, human rights, & constitutions at Cambridge, Fellow of Sidney Sussex College: www.law.cam.ac.uk/people/academic/s-theil/6578
Current research on free expression and doctrinal methods. Book: Towards the Environmental Minimum.
Current research on free expression and doctrinal methods. Book: Towards the Environmental Minimum.
I think that's exactly right.
November 18, 2025 at 9:56 AM
I think that's exactly right.
The ECtHR accepted that video chat and/or the technical possibility of family members joining the deported person abroad are sufficient to meet Art 8 requirements. There has also been a notable narrowing of Art 3 in recent cases but Mark is right, that gov proposes to go much further than that. 3/3
November 18, 2025 at 12:16 AM
The ECtHR accepted that video chat and/or the technical possibility of family members joining the deported person abroad are sufficient to meet Art 8 requirements. There has also been a notable narrowing of Art 3 in recent cases but Mark is right, that gov proposes to go much further than that. 3/3
The ECtHR already limits protection from deportation/family reunification to immediate family members (primary caregivers and underage children only). Deporting individuals with criminal records is virtually always justified, unless insurmountable obstacles to continuing family life exist. 2/3
November 18, 2025 at 12:11 AM
The ECtHR already limits protection from deportation/family reunification to immediate family members (primary caregivers and underage children only). Deporting individuals with criminal records is virtually always justified, unless insurmountable obstacles to continuing family life exist. 2/3
I share Mark's skepticism that courts would be so assertive, at least initially. But a common practice of legislating contrary to common law rights may well be a catalyst for a damaging constitutional showdown. The HRA and ECHR work well overall, critics should be careful what they wish for. /ends
November 14, 2025 at 4:54 PM
I share Mark's skepticism that courts would be so assertive, at least initially. But a common practice of legislating contrary to common law rights may well be a catalyst for a damaging constitutional showdown. The HRA and ECHR work well overall, critics should be careful what they wish for. /ends
Reposted by Stefan Theil
The very fact that MI5 - and the security services generally - are accountable to our domestic courts flows from the ECHR decision of Malone.
One of many ways that Convention has benefitted our legal order.
One of many ways that Convention has benefitted our legal order.
October 20, 2025 at 7:28 AM
The very fact that MI5 - and the security services generally - are accountable to our domestic courts flows from the ECHR decision of Malone.
One of many ways that Convention has benefitted our legal order.
One of many ways that Convention has benefitted our legal order.