Dr Stuart Wallace

Dr Stuart Wallace

@echrhawk.bsky.social

Associate Professor, University of Leeds, Human Rights and Constitutional Law. Dad, 🎮 gamer, recovering running addict

1.7K followers278 following430 posts

Dr Stuart Wallace reposted

In a small town in County Cork, Ireland, a monument stands in appreciation to the American Choctaw Indian Tribe. Although impoverished, shortly after being forced to walk the Trail of Tears, the tribe somehow gathered $170 to send to Ireland for famine relief in 1847 [Historic Vids]

Dr Stuart Wallace reposted

Dr Stuart Wallace @echrhawk.bsky.social

Hearing a lot of Russell group unis are taking on staggering numbers of Home UG students to offset weaker international recruitment. This has been a recent trend, but it seems to be out of control this recruitment cycle. Downstream impact on newer unis will be catastrophic @gsoh31.bsky.social

Dr Stuart Wallace reposted

Thanks to this excellent blog, I've recently learned what a super-injunction is. From a foreign public lawyer's perspective it's bonkers. Perhaps Professor Dicey will stop defaming French administrative law now.

Dr Stuart Wallace reposted

As expected, a minimalist approach to UKIMA reform - no statutory change, but improved processes for agreeing exclusions, and a commitment to the Common Frameworks as a mechanism for co-operation.

Chris McCorkindale@chrismccork.bsky.social

UK Government response to the UKIMA review here: assets.publishing.service.gov.uk/media/686fa1...

Dr Stuart Wallace reposted

Dr Stuart Wallace reposted

This raises two interesting questions for legal ontology buffs: what is a bill? and more crucially: *where* is it?

Raider@iwillnotbesilenced.bsky.social

A member of Taiwan's parliament stole a bill and ran off with it to prevent it from being passed

This. It is part of a really toxic environment in UK politics whereby all political acts are framed in zero sum terms. Everything is seen as a win or a loss, which drives a huge amount of government intransigence

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I've written about how this impacts govt responses to the joint committee on human rights' when it asks the govt to amend a bill to protect rights. There is evidence the govt would rather risk having legis declared incompatible with HRA than amend the bill and be seen to "lose" in the Commons.

Dr Stuart Wallace reposted

The limits of Art 2 Windsor Framework's non-diminution guarantee for post-Brexit NI have yet to be fully tested. An impressive expert report for the NIHRC has just produced a powerful case for it covering a broad range of EU protections as securing environmental rights: nihrc.org/assets/uploa...

Dr Stuart Wallace reposted

James Kelly and I have a new article out in EHRLR (2025, 3, 279-305): ‘Legislating with rights in Northern Ireland - why Stormont’s exceptionalism is Stormont’s paradox’. Perfect holiday reading and fits right into your hand luggage.

This needs to be acknowledged over and over + as I pointed out elsewhere, HRA was also adopted after ECHR was being applied to conflicts and extra-territorially brill.com/view/journal...

brill.combrill.com
Colm O'Cinneide@colmocinneide.bsky.social

...accepting the permanent jurisdiction of the Court in the mid 1990s; (iii) ECHR incorporation via the HRA - 1997 manifesto approved - was done by Parliament in full knowledge of the Court's established interpretative approach; while (iv) the UK was encouraging CEE states to ratify the ECHR.

Dr Stuart Wallace reposted

The July 2025 issue of Public Law is now available via westlaw. Featuring Analysis from Tasneem Ghazi (Constitutional Constraints on Delegated powers in the UK and Ireland); Mary Dobbs and @colinmurray.bsky.social (on the Rights Community Action case) and Trevor Wan (on proportionality ...

Fascinating to see the "we don't need written rights protections, the protections are already there in the common law" argument made by Alexander Hamilton... in 1788. plus ça change, plus c'est la même chose

The tone of discussions about the ECHR has worrying echoes of Brexit - the mis/disinformation, the lack of objectivity, the anti-intellectualism, the unwillingness to engage with other European states to change, the all or nothing mentality.

Some kind words from one of the titans of UK constitutional law. This article is forthcoming in public law in a few months. Always good for a sobering conclusion 😂

Mark Elliott@profmarkelliott.bsky.social

V good paper by @echrhawk.bsky.social - 'The Human Rights Act under Siege: The Vulnerability of Fundamental Rights Protection under the UK Constitution' - reflecting on implications of legislation passed in 'dying days' of last govt. A sobering conclusion. papers.ssrn.com/sol3/papers....

I'm not sure why it is necessary to respond to this. You say the arguments are "not solid", the spec. case apparently involved a person misleading a court about their circumstances. Had he not done so, he would have been unlikely to avail of the ECHR's protection.

George Peretz KC@georgeperetzkc.bsky.social

The point is that champions of the ECHR need to be able to respond to cases where it appears that people accused (presumably with some cause) or convicted of crimes such as child abuse are using not obviously solid Art 3 (or 8) arguments to delay or avoid deportation or extradition.

The thing about art.3 is that it must take into account the specific circumstances of the person. If the person lies about those circumstances, it is up to the courts and prosecution to identify and punish this. It is not the fault of the ECHR.