header-logo header-logo

The state of human rights (4)

12 August 2011 / Roger Smith
Issue: 7478 / Categories: Opinion , Human rights
printer mail-detail

Roger Smith considers what might happen to the Human Rights Act

Let us consider the alternatives for the future of the Human Rights Act (HRA 1998) in this final article in the series. Opponents of HRA 1998 say that it shackles Parliament, setting constitutional standards on government based on universal, not national, values and dependent on judicial interpretation. The Act’s defenders say that it shackles Parliament, setting constitutional standards etc. So, although they don’t always like to say so, both sides broadly agree on its effect: they disagree on its desirability. So, what is to be done?

Culture shock

Culturally, the British are deeply prejudiced against threats to the supremacy of Parliament. After all, our ancestors fought for centuries against the divine right of kings, the feudal rights of landed interests and the overbearing rights of men. As a consequence, the British value Parliament. That is why the proven venality of MPs has been so shocking. Someone from almost any other country would be baffled, however, by our collective unease

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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
back-to-top-scroll