Bill of Rights

Question 1

What would make the Bill of Rights difficult to remove?

Answer 1

It would be entrenched (a firmly established piece of law that is difficult to change)

Question 2

What power would the Bill of Rights curb and what power would this give courts? what is a criticism of this?

Answer 2

Curb the power of the executive by keeping governments in check. The courts would have the power to to refuse to apply any law which conflicted with the Bill of Rights. This increased power of the unelected judiciary is a criticism as it would arguably weaken parliamentary sovereignty

Question 3

What clearer guidance would be provided?

Answer 3

Clearer guidance for judges on balancing rights such as Article 8 and 10 ECHR

Question 4

What procedure could be removed and what could it be replaced with?

Answer 4

The fast track procedure (s10 HRA) could be removed and replaced with a requirement that amendments to incompatible legislation would have to have a full parliamentary debate

Question 5

What agreement could the Bill of Rights undermine?

Answer 5

The good Friday agreement which included reference to the HRA and repeal of this could undermine the northern Ireland peace process.

Question 6

What settlements with Scotland could the Bill of Rights undermine?

Answer 6

Devolution settlements which include reference to the ECHR