Proposed British Bill of Rights

The Proposed British Bill of Rights is a proposal of the Conservative Government within the 2015 manifesto to replace the Human Rights Act 1998 with a new piece of primary legislation. This is a reform being overseen by the current Conservative Lord Chancellor Michael Gove.

Background

Prior to the 2010 general election, Conservative party leader David Cameron proposed replacing the Human Rights Act with a new British Bill of Rights. After being forced to form a coalition with the Liberal Democrats, these plans were shelved and reinstated only after the Conservative party won overall majority in the 2015 general election. Most recently Prime minister David Cameron has vowed to put right the "complete mess" of Britain's human rights laws, on the 800th anniversary of Magna Carta.^[1] Tensions have arisen from the relationship with the European Court of Human Rights over issues such as prisoner voting ^[2]

Differences to the Human Rights Act

Specific details on the specific legislation is at this point unknown due to it not being published as of yet, however there are some differences between the current procedure and a British Bill of Rights, already apparent due to the way in which the Westminster system operates.

Currently, in order to change the text of the European Convention on Human Rights there must be broad to unanimous agreement between member states of the council of Europe. With a British Bill of rights however where rights would be set forth by the UK parliament or another body on its behalf, under parliamentary sovereignty, the ability to alter what constitutes a "right" would ultimately rest with parliament even if it delegated that authority to another body.

As a result of this difference, dependant upon the views of those involved this can be seen as a positive or a negative development, those in favour would argue that it prevents courts holding authority over the UK parliament whereas those against would argue that such a bill would effectively give the sitting government the power to make the bill comply with its actions rather than the Human rights act which enforces a code of conduct on the actions of the UK government.

References

↑ http://www.bbc.co.uk/news/uk-politics-33134338
↑ Myers, Rupert. "Rupert Myers: A British Bill of Rights should let some prisoners vote". The Telegraph. Retrieved 25 June 2015.

United Kingdom legislation

Pre-Parliamentary legislation	List of English statutes Charter of Liberties Magna Carta

Acts of Parliament by states preceding the Kingdom of Great Britain	Acts of the Parliament of England to 1483 1485–1601 1603–1641 Interregnum (1642–1660) 1660–1699 1700–1706 Acts of the Parliament of Scotland Acts of the Parliament of Ireland to 1700 1701–1800

Acts of Parliament of the Kingdom of Great Britain	1707–1719 1720–1739 1740–1759 1760–1779 1780–1800

Acts of Parliament of the United Kingdom of Great Britain and Ireland and the United Kingdom of Great Britain and Northern Ireland	1801–1819 1820–1839 1840–1859 1860–1879 1880–1899 1900–1919 1920–1939 1940–1959 1960–1979 1980–1999 2000 to date Halsbury's Statutes UK Statute Law Database Short titles

Church of England measures	List Church of England Assembly (Powers) Act 1919

Legislation of devolved institutions	Acts of the Scottish Parliament Acts and Measures of the National Assembly for Wales Acts of the Northern Ireland Assembly Acts of the Parliament of Northern Ireland Orders in Council for Northern Ireland

Orders-in-Council	Order in Council

Secondary legislation	United Kingdom Statutory Instruments Scottish Statutory Instruments Act of Sederunt, Act of Adjournal

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