The rules and theory of human rights law Bill of Rights

Objectives Discuss/ Consider whether the UK needs a Bill of Rights Critically evaluate the need for a Bill of Rights identifying the advantages and disadvantages of a Bill of Rights

Bill of Rights What is a Bill of Rights? Can you think of any countries that has a Bill of Rights?

Bill of Rights Among western democracies only UK and Israel do not have a Bill of Rights - does that matter? America, China, Iraq, South Africa, Most of Europe does. What do you think of China and Iraq having a Bill of Rights? A Bill of Rights is only as effective as the state that enforces it. Do you think that the Human Rights Act has given greater protection to people against breaches of Human Rights, or do we need a Bill of Rights?

Bill of Rights Advantages in favour of a Bill of Rights Control on the executive – Bill of Rights offers a check on the huge powers of the executive (The Government and its agencies e.g. police etc.) Courts could refuse to apply legislation that was incompatible with the Bill of Rights.

Bill of Rights Advantages in favour of a Bill of Rights The judiciary - under the HRA section 3 - judges must interpret all laws to be compatible with human rights BUT only so far as it is possible to do so. This means that an Act that breaches rights in the Convention still prevails. This would not be the case with a Bill of Rights.

Bill of Rights Advantages in favour of a Bill of Rights The HRA is not entrenched, therefore it can be repealed. A Bill of Rights would be entrenched The HRA did not bring in any new rights, a Bill of Rights would introduce new rights

Bill of Rights Disadvantages to a Bill of Rights Not needed – our rights are adequately protected. Increased power to the judiciary – judges not elected and power would be removed from Parliament.

Bill of Rights Disadvantages to a Bill of Rights Inflexible - hard to change. Could lead to uncertainty – loose drafting style of a Bill of Rights. A Bill of Rights is only as effective as the Government that underpins it. Difficult to draft – what would you include?

Test yourself What is a Bill of Rights? List and discuss 3 advantages to a Bill of Rights. List and discuss 3 disadvantages to a Bill of Rights. Name some countries that has a Bill of Rights.