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Lewis Graham

@lewisgrahamlaw.bsky.social

1.2K followers 350 following 440 posts

Lecturer in Human Rights Law at University of Manchester Judicial Individuality on the UK Supreme Court is out now: https://www.bloomsbury.com/uk/judicial-individuality-on-the-uk-supreme-court-9781509971114/

www.bloomsbury.com

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Lewis Graham @lewisgrahamlaw.bsky.social · Jan 31

It’s here! My book, JUDICIAL INDIVIDUALITY ON THE UK SUPREME COURT will be available to buy from next Thursday!

@hartpublishing.bsky.social

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Reposted by Lewis Graham

James Austin @jamesdaustin.bsky.social · 1d

I know plenty of politicians 'working classify' their backgrounds, but this from Jenrick is taking the piss.

His father's linked in is here: uk.linkedin.com/in/bill-jenr...

He was a managing accountant who ended up as the Managing Director of Cannon Industries

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Reposted by Lewis Graham

Colin Murray @colinmurray.bsky.social · 1d

More in the breathless, breaking stop-the-presses, and not at all confected story, that judges, before they were judges, were involved in practising law. Take 5 seconds to appreciate just how hard into "swivel-eyed loon" Robert Jenrick is being allowed to lean:

www.telegraph.co.uk/politics/202...

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Reposted by Lewis Graham

UK Constitutional Law Association @ukcla.bsky.social · 2d

Cassandra Somers-Joce: A New Chapter for Governmental Candour? The Public Office (Accountability) Bill ukconstitutionallaw.org/2025/10/06/c...

Cassandra Somers-Joce: A New Chapter for Governmental Candour? The Public Office (Accountability) Bill

The Public Office (Accountability) Bill was introduced into the House of Commons on 16 September 2025. It gives effect to the Labour Party’s 2024 Manifesto commitment to introduce a ‘Hillsborough L…

ukconstitutionallaw.org

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Reposted by Lewis Graham

London Review of Books @lrb.co.uk · 6d

‘The current members of the Supreme Court, ten men and two women, all of them white, seem to regard the Human Rights Act as an unwelcome remnant of a past era.’

In his final piece for the LRB, Conor Gearty writes on the Supreme Court’s reinterpretation of the HRA: www.lrb.co.uk/the-paper/v4...

Conor Gearty · Unwelcome Remnant: Erasing the Human Rights Act

The Supreme Court is quietly editing the Human Rights Act out of existence. In cases where human rights cannot be...

www.lrb.co.uk

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Lewis Graham @lewisgrahamlaw.bsky.social · 3d

Take a look at footnote 2 for a list of contributors. You won't be too surprised who crops up.

Lewis Graham @lewisgrahamlaw.bsky.social · 3d

The bits on Ziegler are particularly weak

Lewis Graham @lewisgrahamlaw.bsky.social · 3d

Here’s the Wolfson Report recommending the UK leaves the ECHR

www.conservatives.com/wolfson-fina...

Take a shot every time Policy Exchange is cited as authority for a dubious legal proposition and you’ll be drunk before the end of the first chapter

Wolfson Final Report | Conservatives

Wolfson Final Report

www.conservatives.com

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Lewis Graham @lewisgrahamlaw.bsky.social · 7d

A case note by Leah Trueblood and me on this summer’s Tortoise Media v Conservative Party decision has been published in Judicial Review.

Open Access link here: www.tandfonline.com/doi/full/10....

Tortoise Media v Conservative Party in the Court of Appeal

Published in Judicial Review (Ahead of Print, 2025)

www.tandfonline.com

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Lewis Graham @lewisgrahamlaw.bsky.social · 7d

The Grand Chamber of the European Court seems to be signalling its approval of a narrower conception of standing than it endorsed in previous cases (as pointed out by Judge Vehabović in his dissenting opinion)

European Court of Human Rights @echr.coe.int · 7d

Grand Chamber judgment Kovacevic v. Bosnia and Herzegovina - case inadmissible
t.co/VoFtZyvgLh
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Arrêt Kovacevic c. Bosnie-Herzégovine - La Grande Chambre déclare la requête irrecevable
t.co/DMTDQawu1l

Lewis Graham @lewisgrahamlaw.bsky.social · 7d

Hora v the United Kingdom: Strasbourg’s New Ruling on UK’s Prisoner Voting Ban

ukhumanrightsblog.com/2025/10/01/h...

Hora v the United Kingdom: Strasbourg’s New Ruling on UK’s Prisoner Voting Ban - UK Human Rights Blog

By Lewis Graham In 2005, the Grand Chamber of the European Court of Human Rights handed down its landmark decision in Hirst v the United Kingdom, finding that the effect of section 3 of the Representa...

ukhumanrightsblog.com

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Lewis Graham @lewisgrahamlaw.bsky.social · 8d

(6) R v BDN and ABJ (to be heard from 20 November 2025)

Does section 12(1A) of the Terrorism Act 2000 disproportionately interfere with the right to freedom of expression (Article 10 ECHR)?

The Court of Appeal said "no".

Lewis Graham @lewisgrahamlaw.bsky.social · 8d

(5) AG's Reference (to be heard from 20 October 2025)

Does the proposed Code of Practice, to operate with regard to mental health detention in Northern Ireland, operate compatibly with the right to liberty (Article 5 ECHR)?

As an AG's Reference, there's no lower court decision in this case.

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Lewis Graham @lewisgrahamlaw.bsky.social · 8d

(4) Dillon (to be heard from 14 October 2025)

Among other important issues, do various provisions of the Legacy Act 2023 breach the right to life (Article 2 ECHR)?

The Court of Appeal (largely) said "yes"

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Lewis Graham @lewisgrahamlaw.bsky.social · 8d

(3) Re JR87 (heard 21 May 2025, judgment forthcoming)

Does Northern Ireland's schooling system, which includes mandatory religious education and collective worship (which parents can pull children out of) breach the right to education (Article 2 of Protocol 1 ECHR)?

The Court of Appeal said "no".

Lewis Graham @lewisgrahamlaw.bsky.social · 8d

(2) Jwanczuk (heard 11 March 2025, judgment forthcoming)

Does the scheme relating to bereavement support payments in England and Wales breach the right to be free from discrimination (Article 14 ECHR)?

The Court of Appeal said "yes".

Lewis Graham @lewisgrahamlaw.bsky.social · 8d

(1) Daly v HM Advocate (heard 21 October 2024, judgment forthcoming)

Does the default exclusion of false allegation evidence breach the right to fair trial (Article 6 ECHR)?

We know the answer is "no" (the Court announced its decision on 19 November 2024) but we don't have a judgment yet.

Lewis Graham @lewisgrahamlaw.bsky.social · 8d

For human rights scholars and court-watchers, here's a thread of some forthcoming ECHR/HRA in the UK Supreme Court's docket for the upcoming legal year (2025-26).

I think there are (at least) six cases worth keeping an eye on.

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Lewis Graham @lewisgrahamlaw.bsky.social · 13d

Huh. The ECtHR is now publishing basic data relating to its issuing of interim measures. The stats shown here confirm how exceptional successful applications really are.

European Court of Human Rights @echr.coe.int · 13d

Press release - weekly summary of interim measures (week of 8 to 12 September 2025)
t.co/3qAKo4FBWl

Communiqué hebdomadaire sur les mesures provisoires (semaine du 8 au 12 septembre 2025)
t.co/sj48vwMUdB

Lewis Graham @lewisgrahamlaw.bsky.social · 15d

As such, the applicant's disenfranchisement was considered proportionate, due to his serious rape conviction (paras 132-135). But this might not be the case for other prisoners.

Crucially, this decision doesn't overrule Hirst. UK legislation is not compatible with the Convention in all cases.

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Lewis Graham @lewisgrahamlaw.bsky.social · 15d

Assessing each applicant's situation (the Hora approach), rather than the legislation as a whole (the Hirst approach) means that, as the Court puts it, the application of a general measure might be proportionate for one applicant but not another (para 125).

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Lewis Graham @lewisgrahamlaw.bsky.social · 15d

But, of course, the Court DID examine the compatibility of the Act as a whole in Hirst (the Court accepts as much at para 115). The Hora Court doesn't say that the Hirst Court was wrong to do so explicitly - but does imply that this approach was out of step with the court's "task" (para 114)

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Lewis Graham @lewisgrahamlaw.bsky.social · 15d

The Court does NOT examine the compatibility of the legislation which prevents prisoners from voting - it is "not justified to examine the Convention compatibility of... the Act... instead, it will examine [the situation of] this specific applicant, in his particular circumstances" (para 130).

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Lewis Graham @lewisgrahamlaw.bsky.social · 15d

And the Court acknowledges that the case law on disenfranchisement has been "develop[ed] and refine[d]" since Hirst (para 123).

But more importantly imo, the Court in 2025 diverts (departs?) from the Hirst judgment in one important aspect.

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Lewis Graham @lewisgrahamlaw.bsky.social · 15d

Naturally, some things have changed in the last 20 years. In particular, the Hora Court "[took] into account" the Committee of Ministers' 2018 Resolution finding hat the incompatibility identified in Hirst had been remedied by the UK by their promise to introduce exceptions to the blanket ban.

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Lewis Graham @lewisgrahamlaw.bsky.social · 15d

The European Court of Human Rights has ruled, 20 years after the landmark Hirst case, that an applicant prisoner's inability to vote in a UK General Election did not breach the Convention.

Hora v United Kingdom (23 September 2025): hudoc.echr.coe.int?i=001-244851

Some quick thoughts from me:

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HUDOC - European Court of Human Rights

The HUDOC database provides access to the case-law of the Court (Grand Chamber, Chamber and Committee judgments and decisions, communicated cases, advisory opinions and legal summaries from the Case-L...

hudoc.echr.coe.int

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