Should the UK adopt a Bill of Rights

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  • Created by: wanjikar
  • Created on: 29-05-23 16:28
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  • Should the UK have a bill of rights
    • Yes
      • more protection needed
        • the range of rights the uncodified constitution protects is too vague and too restricted
        • The HRA only protects civil and political rights
        • A Bill of Rights would allow for the inclusion of economic, social and cultural rights
        • a middle-class white person may have more social capital and access to better legal representation than a working-class POC
          • e.g., 2020, 28% of prisoners were ethnic minorities but make up 18%
      • defining a nation
        • Following the 2016 EU referendum there was an increase in social and political divisions
        • a bill of rights could help develop unity as British citizens
        • the responsibilities and rights of citizens' would be clearly laid out
      • strengthening democracy
        • a bill of rights would support and enhance parliamentary sovereignty
        • The HRA has placed too much power in the hands of the judiciary
        • the executive  weakens parliamentary sovereignty  in its attempts to force through legislation with Brexit
        • a bill of rights would enshrine parliamentary sovereignty
    • No
      • Un-codification allows flexibility
        • a bill of rights would make it too difficult to adopt the law to changing circumstances
          • concern with national security & terrorist threats
        • a bill of rights would make it more difficult to pass legislation
      • rights are protected
        • The HRA provides adequate protection and incorporates the ECHR into UK law
        • CRA 2005 created the SC which acts as an independent judiciary and can rule on human rights cases
          • HM Treasury v Ahmed (2010)  shows the SC fulfills the function of protection of rights
      • Benefits don't outweigh costs
        • it would take a great deal of taxpayer money to form committees to disscuss a bill of rights
        • runs the risk of turning judges into unelected legislators
          • allowed to enforce legislation on citizens without parliamentary approval

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