The legal implications of a repeal of the Human Rights Act 1998 and withdrawal from the European Convention on Human Rights

The general election of 7 May 2015 has returned a Conservative government and, as a consequence, the Conservative Party’s plans for reforming human rights law in the United Kingdom are likely to become reality. It is therefore important to discuss some of the legal implications of a repeal of the Human Rights Act and a withdrawal from the European Convention on Human Rights. Detailed discussions can already be found in numerous legal publications and many more are certain to follow in the near future. This paper provides an overview of some of the many legal questions that the Conservative Party’s plans raise and attempts to provide some answers to these highly complex questions. It is deliberately kept short and does not claim to be exhaustive. This policy paper is the product of a one-day workshop held at Edinburgh Law School on 13 February 2015 attended by Ed Bates, Christine Bell, Colm O’Cinneide, Fiona de Londras, Sir David Edward, Alan Greene, Paul Johnson, and the editors. The text of this paper was produced by the editors from the contributors’ oral presentations and discussion. The editors take full responsibility for the accuracy of this report