header-logo header-logo

Rights and wrongs

04 September 2008 / Sir Geoffrey Bindman KC
Issue: 7335 / Categories: Opinion , Public , Constitutional law
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
back-to-top-scroll