Government Commission discusses a Bill of Rights

Date Added: 05 August 2011

An independent Commission set up by the Government today published a Discussion Paper exploring the merits and practicalities of introducing a Bill of Rights to the UK.

The questions the paper puts to the public for consultation are:

(1)   do you think we need a UK Bill of Rights?

If so,

(2)   what do you think a UK Bill of Rights should contain?

(3)   how do you think it should apply to the UK as a whole, including its four component countries of England, Northern Ireland, Scotland and Wales?

(4)   having regard to the Commission’s terms of reference, are there any other views which you would like to put forward at this stage?

Most democratic countries in Europe, along with the United States, have some form of written constitution setting out the fundamental rights of its people. These rights take precedence over the ordinary law of the country and can only be amended by a special prescribed procedure. The UK has never had a written constitution of this kind, preferring the protection of individual rights by means of statutes and common law principles developed by the courts.

However, the concept of fundamental human rights has had an increasing influence on the UK, primarily through its membership of the European Union. The UK is a signatory to the European Convention of Human Rights, given further effect in the UK by the Human Rights Act 1998. Today, the Equality and Human Rights Commission in the UK has monitoring and advisory duties in relation to the Convention rights.   

The Discussion Paper begins the Commission on a Bill of Rights’ process of public consultation. The public have been asked to email or post their responses to the Commission at the contact address included on the Ministry of Justice website at: http://www.justice.gov.uk/news/press-releases/cbr/cbrnewrelease050811.htm, where a copy of the Discussion Paper can also be downloaded.

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