This chapter considers the impact of Brexit on the protection of human rights and fundamental rights, including general principles of law. The work demonstrates that the core protection of human rights remains in place following Brexit, as the Human Rights Act 1998 remains in force, although Brexit and the public sentiment that it represents has led to some pressure for the removal of the 1998 Act. Furthermore, it is also evident that the impact of the general principles of law, drawn from the jurisprudence of the CJEU, are likely to remain embedded in UK law as over time they have become a part of the common law. Many fundamental rights that have been heavily influenced by EU Law, such as data protection and non-discrimination are likely to remain under the influence of developments in EU Law, although there is plainly a risk that UK law will not match all new developments in the fields concerned. Amendments to the EU Withdrawal Act 2018 by the Retained EU Law (Revocation and Reform) Act 2023 are considered and the chapter illustrates that there is potential for an erosion of fundamental rights protection via this route, particularly through the use of delegated legislation.

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The Impact of Brexit on the Protection of Human Rights and Fundamental Rights (Including General Principles of Law)

  • Mike Varney

摘要

This chapter considers the impact of Brexit on the protection of human rights and fundamental rights, including general principles of law. The work demonstrates that the core protection of human rights remains in place following Brexit, as the Human Rights Act 1998 remains in force, although Brexit and the public sentiment that it represents has led to some pressure for the removal of the 1998 Act. Furthermore, it is also evident that the impact of the general principles of law, drawn from the jurisprudence of the CJEU, are likely to remain embedded in UK law as over time they have become a part of the common law. Many fundamental rights that have been heavily influenced by EU Law, such as data protection and non-discrimination are likely to remain under the influence of developments in EU Law, although there is plainly a risk that UK law will not match all new developments in the fields concerned. Amendments to the EU Withdrawal Act 2018 by the Retained EU Law (Revocation and Reform) Act 2023 are considered and the chapter illustrates that there is potential for an erosion of fundamental rights protection via this route, particularly through the use of delegated legislation.