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Human Rights, European Convention: Diminishing the body of family law
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Convention law: a safety net
The sabre-rattling of the previous Conservative government has been continued under the new with a new Lord Chancellor in post; though it is still a matter for debate as to whether the Government will be able to whip in a full majority when the time comes. How much will all this matter in real terms to the family lawyer? Doe it risk a diminishing of the body of law within which family law operates?
There is no question but that Human Rights Act 1998 and its incorporation of most of European Convention 1950 into English law has become a crucial aspect of the English and Scottish constitutional framework; and this applies as much to family law as to most other areas of law. However it must always be recalled that it is mostly as a safety net that the 1998 Act and the Convention operate. That is part of why it is so important. The principle on which an effective welfare benefits system operates – as...
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