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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll