The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives
The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives
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Abstract
More than a decade after it came into force in October 2000 the Human Rights Act 1998 continues to divide opinion. Its supporters argue that the Act represents a subtle reconciliation of human rights protection with the UK's parliamentary democratic tradition and that it has given rise to a sophisticated interplay between the judiciary and elected politicians. Critics of the Act, on the other hand, charge it with failing in one of two opposing directions — either by ushering in judicial supremacism or as an exercise in futility. Unloved by the political elite, the Act's future is once again under review. This book takes stock of the impact of the Human Rights Act. The relationship of the UK courts with the European Court of Human Rights in Strasbourg is examined as is the corresponding question of the status of Convention jurisprudence within domestic courts. The effect of the Act on democratic governance is assessed by chapters addressing the issues of dialogue and the impact of the Act on established constitutional principle. From a practitioner viewpoint the revolutionary impact on legal argument and reasoning is analysed. A comparison of the Westminster model with other schemes for rights protection adopted in New Zealand, Hong Kong, and some Australian states is undertaken to measure the international impact of the Human Rights Act. Finally, the question of further constitutional reform is discussed in chapters giving a Scottish perspective, examining the processes of enacting rights protections and on options for the ‘British Bill of Rights’.
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Front Matter
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1
The United Kingdom’s Human Rights Project in Constitutional and Comparative Perspective
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Part I The Human Rights Act in Constitutional Perspective
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Part II Domestic Protections within a European Framework
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Part III A Permanent Revolution in Legal Reasoning?
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Part IV The Human Rights Act on the International Plane
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9
Human Rights and Legislative Supremacy
Anthony Mason
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10
Australian Bills of Rights and the ‘New Commonwealth Model of Constitutionalism’
Simon Evans andJulia Watson
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11
Cross-fertilisation of Constitutional Ideas: The Relationship between the UK Human Rights Act 1998 and the New Zealand Bill of Rights Act 1990
Petra Butler
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9
Human Rights and Legislative Supremacy
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Part V Amendment, Repeal or a Bill of Rights for the United Kingdom?
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End Matter
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