should there be a British bill of rights Flashcards
conservative government since 2010 have included in their manifestos a pledge to replace the human rights act with a British bill of rights
some of this has been due to anti European sentiment following the Brexit referendum and the perception that parliamentary sovereignty Is being challenged by bodies outside of the UK
for
it would secure palriamnetry sovereignty rather then allowing the ECHR to have influence over the UKs poltical system
against
it could suggest that the rights of citizens can be made and unmade on a whim of the government
for
it would also ensure that within the UK poltical system parliament is clearly sovereign over for example the UK supreme court
against
it could further enhance the power of the prime minster and parliament
for
it would allow rights to be define within the UK political content for example the UK limits freedom off speech more than other countries
against
it would limit the ability of citizens to use courts such as the ECHR giving them few ways to challenge the power of the government
for
current human rights legislation has prevented the government from carrying out some of its policies
no
it could politicise the judiciary reducing their independence and neutrality
for
it could offer greater support and therefore less chance off a bill of rights being challenged by parliament
against
there is no clear benefit especially as many of the rights proposed seem to be the same as existing rights