Bill of Rights Flashcards
Advantages of bill of rights (5)
Entrenched-HRA isn’t so risk of being repealed by any parliament
Reduced power of executive-courts can refuse to apply law incompatible with bill of rights (increased judiciary power tho)
New rights introduced.
Prevents gov making unfair law e.g new policing act doesn’t allow protests with noise
Provide Clearer guidance on balancing qualified rights e.g A8 and A10
Disadvantages of a bill of rights (6)
Not needed-HRA is adequate. Pointless, name changing, would have to be based on HRA anyway, wants to nationalise and move away from ECHR, but HRA made by mostly British lawyers
Inflexible-hard to change, vulnerable to poor drafts. Loose drafting style=uncertainty
Weak-only as effective as gov that underpins it
Increased judiciary power-power removed from parliament-allows judges to strike down legislation. however could be clearer separation of powers
Difficult to draft-what to include
Some have argued that the HRA does little
to protect historic constitutional rights and
liberties, such as the right to trial by jury or
free speech.
