Bill Of Rights Ao3 Flashcards
Bill of rights advantages (6)
- Entrenched-HRA isn’t, so risk of being repealed by any parliament
- make government more accountable for their actions
- Reduced power of executive-courts can refuse to apply law incompatible with bill of rights (counter point: increased judiciary power tho)
- New rights introduced, HRA did not do so
- Prevents gov making unfair law e.g new policing act doesn’t allow protests with noise
- bill of rights can be tailored to the needs of the UK
Bill of rights disadvantages (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
Do nothing to combat social inequality and disadvantage
1
Human right act 1998 is just a piece of ordinary legislation which can be repealed at any time