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The United Kingdom is a vote based society which has liberally embraced
human rights settlements internationally1 despite the fact that it doesn't locally
have an obviously dug in bill of rights in its uncodified constitution. Dissimilar to
the dominant part of comparable Western States, the UK is novel "in not having
its own key sanction of rights getting a charge out of extraordinary established
protection"2 to referee the "unavoidable pressure between the equitable right of
the greater part... also, the vote based need of people and minorities to have
their human right secured."3
A settled in bill of rights is by and large viewed as alluring on the grounds that,
by definition, it shields the rights being referred to from conventional
nullification and along these lines permits them to "exist well beyond the range
of any Government, Parliament or party"4 as, all alone, the "normal law can't
appropriately shield the resident from pastors who have the ability to override it
by statutory instrument."5 The presentation of the Human Rights Act 1998
(HRA), in October 2000, fundamentally modified the scene of rights assurance in
the UK. Its established status and ability will be inspected notwithstanding the
recommendation that the UK has no settled in bill of rights.
Including The International Covenant on Economic Social and Cultural Rights; the International Covenant on Civil and
Political Rights; the Convention Against Torture; The International Convention on the Elimination of All forms of Racial
Discrimination; The Convention on the Elimination of all forms of Discrimination Against Women; the Convention on
the Rights of the Child.
2 Rendall (2011) The Case for and against a British Bill of Rights (London, 21st December 2011)
3 Lord Irvine. (2003). The impact of the Human Rights Act: Parliament, the courts and the executive. Public Law. 1 (1),
308.
4 Brazier (2008). Constitutional Reform: Reshaping the Political System. 3rd ed. Oxford: Oxford. 127.
5 Cameron, Balancing Freedom and Security- a modern British Bill of Rights, Centre for Policy Studies, London, 26th
June 2007
Lord Irvine. (1998). The development of human rights in Britain under an incorporated Convention on Human
Rights. Public Law. 1 (1),
236.
10 Platform
11
(1),
323.
12 The Human Rights Act Two Years On, Irvine Human Rights Lecture, Durham University, 2002.
13 Article 1, Article 6 and Article 2 Respectively of the
ECHR
14 Brown v Scott [2003] 1 AC 681, 708
15 Wadham (2009). Blackstone's Guide to the Human Rights Act 1998. 5th ed. Oxford: Oxford University Press. 13.
16
17
18
22
Brazier (2008). Constitutional Reform: Reshaping the Political System. 3rd ed.
Oxford: Oxford. 125.
19
A (FC) and others (FC) v. Secretary of State for the Home Department
[2004] UKHL 56
20 Wadham (2009). Blackstone's Guide to the Human Rights Act 1998. 5th ed. Oxford:
Oxford University Press. 9
21 Under Article 15 of the European Convention on
Human Rights
22 Ewing, The futility of the Human Rights Act [2004] P.L. 829 at 843.
Expanded legal activism would encourage improve rights security and might
even resound with general society in the event that they went past
Strasbourg decisions. Albeit numerous reporters shun empowering legal
obstruction, as "a definitive obligation regarding consistence with the
Convention must be Parliament's alone,"23 a particularly British translation
could bring rights home. Regardless, the British legal can't be censured too
intensely as, by choosing to decipher rights no less expansively than the
European Court of Human Rights, they have connected themselves to the
most regarded human rights structure overall which appears like a suitably
satisfactory endeavor to ensure rights locally. Disappointingly, Section 6 of
the ECHR has been a risky range the same number of open powers are
currently "so panicked of being sued... that they attempt to secure
themselves by settling on choices that are frequently absurd,"24 undermining
the ethical assumption behind the procurement. In doing, it has neglected to
advance a constructive mentality about rights assurance and brought about
the State taking a "moderate way to deal with ensuring individuals' major
rights by 'Strasbourg-sealing' their strategies and methods to stay away from
litigation."25 This is notwithstanding the issues created by an intentionally
unclear meaning of open powers despite the fact that the positive
commitments authorized on them appeared to have enhanced human rights
mindfulness broadly. In any case, rights insurance in the UK is all in all
satisfactory, despite the fact that there are holes in the HRA, and the large
number of worldwide treaties26 to which the UK is a signatory are prone to
increasingly affect UK law. Indeed, even with no empowering enactment,
which is expected to join bargains locally in a dualist State, universal
commitments will undoubtedly have some impact in the long run particularly
as case law creates around the Charter of Fundamental Rights of the EU.
23
Lord Irvine. (1998). The development of human rights in Britain under an incorporated Convention on Human
27
Hin-Yan Liu. (2010). Constitutional Entrenchment: Questions of Legal Possibility and Moral Desirability in the United
Kingdom. City University Hong Kong Law Review. 2 (1), 193.
28 Ibid. 200.
29
35
Wadham (2009). Blackstone's Guide to the Human Rights Act 1998. 5th ed. Oxford: Oxford University Press. 5
Donald. (2010). A Bill of Rights for the UK? Why the process matters. European Human Rights Law Review. 460.
37 British Academy Policy Centre (2012) Human Rights and the UK Constitution. London: British Academy. 10.
36
38
42
Secretary of State for Justice (2007). The Governance of Britain. London: Crown Copyright. CM7170. 63.
Wadham (2009). Blackstone's Guide to the Human Rights Act 1998. 5th ed. Oxford: Oxford University Press. 20
44 Harvey. (2011). Taking the Next Step? Achieving another Bill of Rights. European Human Rights Law Review. 1 (1),
25.
45 British Academy Policy Centre (2012) Human Rights and the UK Constitution. London: British Academy.
24.
46 As happened in S and Marper v UK [2009] 48 EHRR 50 in a case concerning public DNA Databases.
47 Hirst (No.2) v UK [2006] 42 EHRR 41
48 Othman (Abu Qatada) v. The United Kingdom - 8139/09 [2012] ECHR 56
43
49
Harvey. (2011). Taking the Next Step? Achieving another Bill of Rights. European Human Rights Law Review. 1 (1),
28.
Conclusion
Before the HRA was established, basic law shields for the security of human
rights were woefully deficient in the UK. In any case, following the considered
joining of Convention rights, in October 2000, albeit blemished, has
immeasurably enhanced the UK's rights society lastly given it a "solid harmony
between appreciation for majority rule government and the need to ensure
individual rights"50 as people now have admittance to secure and enforceable
constructive rights which are maintained by a very much prepared legal.
Clearly, the HRA is not unequivocally named a bill of rights but rather it is one
and the way that it has an irregular entrenchment system ought not mean
something negative for it. Obviously, it's not without its impediments and
despite the fact that we "now have a Bill of Rights, we live in a time of
unparalleled limitation on our liberty"51 yet this is more inferable from the way
nations have responded when all is said in done to the risk of terrorism in
attempting to "strike the right harmony in the middle of security and liberty."52
obviously, if political engineers were to outline a complex, vote based society
tomorrow, their strategies would contrast to that utilized by the UK. The
developmental changes that have been made to the constitution are
remarkable and despite the fact that a semi dug in bill of rights may not satisfy
the perfectionists, the case that rights assurance is essentially deficient,
because of the absence of a dug in bill of rights, is misdirecting and off base on
both tallies.
50
British Academy Policy Centre (2012) Human Rights and the UK Constitution. London: British Academy. 10.
Ewing, The futility of the Human Rights Act [2004] Public Law. 836.
52 Cameron, Balancing Freedom and Security- a modern British Bill of Rights, Centre for Policy Studies, London, 26th
June 2007.
51
References
Table of Cases
-A (FC) and others (FC) v. Secretary of State for the Home Department [2004] UKHL 56
-Brown v Scott [2003] 1 AC 681
-Hirst (No.2) v UK [2006] 42 EHRR 41
-Jackson v Attorney General [2006] 1 AC 263, 318
-Malone v Metropolitan Police Commissioner [1979] CL 344
-Othman (Abu Qatada) v. The United Kingdom - 8139/09 [2012] ECHR 56
-Platform Artie fur das Leben v Austria (1998)13 EHRR 204
-Regina v. Secretary of State for Transport, exparte Factortame Ltd. [1989] 2 C.M.L.R.
-S and Marper v UK [2009] 48 EHRR 50
-Thorburn v Sunderland City Council [2002] 4 All ER 156
Table of Domestic Legislation
-Anti Terrorism, Crime and Security Act 2001
-Bill of Rights 1689
-Equality Act 2010
-Human Rights Act 1998
-Magna Carta 1215
-Petition of Right 1689
Online Sources
1.BBC, Human Rights laws being abused
http://news.bbc.co.uk/2/hi/uk_news/8099435.stm accessed on 24th February
2016.
2.Thomas Raine, Judicial Review Under the Human Rights Act: A Culture Of
Justification
https://research.ncl.ac.uk/media/sites/researchwebsites/northeastlawreview/Th
omas%20Raine.pdf accessed on 25th February 2016
Bibliography
Books
-Brazier, Constitutional Reform: Reshaping the Political System. 3rd ed. Oxford: Oxford,
2008
-Dunleavy voices of the people: popular attitudes to democratic renewal in Britain. 2nd
ed. Michigan: Politco's, 2005
-Ryan, M, Constitutional and Administrative Law (3rd edition), Routledge, 2009
-Wadham ,Blackstone's Guide to the Human Rights Act 1998. 5th ed. Oxford:
Oxford University
Press, 2009
Commission Reports
-Commission on a Bill of Rights ,A Second Consultation. London: Members, 2012
Government Publications
-Secretary of State for Justice ,The Governance of Britain. London: Crown Copyright.
CM7170, 2007
Government Reports
-Joint Committee on Human Rights, A Bill of Rights for the UK (HL 165 & HC
150 (2007- 2008)) House of Commons, The Human Rights Bill (Research
Paper 98/24)
International Conventions
-European Convention on Human Rights
-International Covenant on Economic, Social and Cultural Rights, General
Assembly resolution 2200A (XXI) of 16 December 1966
Journals
-Donald, A Bill of Rights for the UK? Why the process matters. European Human
Rights Law
Review. 1 (1) 459, 2010
-Dworkin ,Devaluing Liberty. Index on Censorship. 17 (8).
7. Ewing, The futility of the Human Rights Act [2004]
Public Law. 829, 1988
-Harvey, Taking the Next Step? Achieving another Bill of Rights. European Human
Rights Law