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04 September 2008 / Sir Geoffrey Bindman KC
Issue: 7335 / Categories: Opinion , Public , Constitutional law
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Rights and wrongs

A genuine and comprehensive Bill of Rights is a distant prospect, says Geoffrey Bindman

A Bill of Rights is a constitutional document setting out the rights which every citizen is entitled to expect its government to guarantee. Britain has had Bills of Rights in the past. Magna Carta is one example; and in 1688 Parliament drew up a Bill of Rights which limited and defined the power of the monarchy and established Parliamentary sovereignty. The value of a Bill of Rights is in its overriding authority and general acceptance but it need not be, and has not been in Britain, binding on Parliament. That is why we say we do not have a “written constitution”, unlike many other countries, including the USA, where legislation must conform to the constitution or be invalidated.

When the UK signed up to the European Convention on Human Rights in 1950—it was largely the brainchild of British lawyers—it could be claimed that it had adopted the convention as its Bill of Rights. However, even after 1966, when

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MOVERS & SHAKERS

DWF—David Abbott & Claire Keat

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Senior appointments in insurance services and commercial services announced

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Residential property lawyer promoted to partnership

NEWS
he abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC
Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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