• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Outline a case for and against a written bill of rights.

Extracts from this document...


Outline a case for and against a written bill of rights Currently we British do not have a written bill of rights. A bill of rights is considered to be a special set of laws entrenched into the constitution which sets out the rights and freedoms that are enjoyed by every citizen. It is entrenched in the constitution which is vital because it means that it would be far more difficult for the executive to change it (this could be done in a number of ways, for example by making the majority needed for the bill to pass 70% rather than 50+1% for conventional laws). Currently in the UK we are a long way from this, we don't even have a codified constitution. In theory all British laws are the same. There is no difference between constitutional laws and normal laws, meaning there is no entrenchment and no extra difficulty in changing constitutional laws like there is in all other Western constitutions. ...read more.


Many would say it would put too many political decisions in the hands of judges political decisions should rest with the legislature. Judges would also be put in a difficult position because many exiting laws would conflict with a bill of rights. The rule of law demands a clear, enforceable statement of citizen's rights, a bill of rights would provide this is what many of those who want reform say. However the rule of law contains many dated suggestions and is the judiciary already not enforcing law effectively? Having such an uncompromising bill of rights surely wouldn't promote the evolution of the constitution which the British have enjoyed throughout history. It would possibly be so entrenched that once some constitutional laws became dated, they still couldn't be changed. At least the reliance upon conventions ensures laws that evolve. Also, the introduction of a bill of rights could lead to a full scale reformation of the constitution; this is what many are hoping for but I along with most others think that this would be wrong. ...read more.


If constitutional reform is what people want, there are however various other options. The government could create a department of justice which is itself be accountable and elected into power. This would replace the currently unelected, unaccountable Lord Chancellor's department. The creation of a supreme court, as a last means of appeal, rather than the House of Lords. This would separate the powers and make those in power more impartial and from a wider range of society. A fourth option is that judges could be elected, making them more representative of society. This however has many problems with it. I however am not so worried about what we shall do to our own constitution, rather what the big guns in Europe shall do if we join the United States of Europe, they will have a bill of rights which having looked at the evidence I am opposed to. If we join Europe, sovereignty will not lie with Westminster or the courts, instead with a commission that is looking out for a whole continent rather than just us. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. Should Britain have a codified constitution?

    It is undisputed that the thought of change would be pointless when we have a perfectly good, working, constitution, which may not be as organised as our Atlantic cousin's codified constitution, but still works in a democratic fair way. Yet an argument contradicting this point is the Rule of Law.

  2. Juvenile Justice

    died of stab wounds. Police have charged a 13-year-old boy with murder after the fatal stabbing of Elliott Fletcher at St Patrick's College north of Brisbane this morning.Elliott, 12, died of stab wounds after an altercation at the private Catholic boys' high school at Shorncliffe at about 8.15am.

  1. Law case study

    Central to his report was to see children who were in trouble removed from the courts who had previously been dealing with them, and to replace it with a welfare system which took the form of the Children's Hearing System.

  2. How has the European Court of Human Rights contributed to the protection of children's ...

    Netherlands32, where European Commission dismissed 14-year-old runaway's complaint of infringement of her Art. 8 right by welfare authorities returning her home against her will, justified by Art. 8(2) protection of health and morals. In X v. Denmark33, however, the Court decided that parents' Art.


    Secondly, numerous regional normative instruments presented their own list of cultural rights.10 Furthermore, while other instruments may not refer to cultural rights expressly but within Articles11 and conventions,12 they do address and protect these rights.

  2. Liberal reform 1906-1914

    However, many industries were not covered at all, and this greatly contributed to the growth of poverty. The 'explosion' of trade union activity from 1910-1914 reflects the failure of the Liberals to deal with contemporary social problems. In the main, working people were unimpressed by Liberal reforms; the decline of

  1. "The Australian Constitution is ill equipped to meet the demands of a modern, democratic ...

    Judges are able to be impartial and independent when making decisions and therefore are able to come to the correct decision, rather than one that may be popular. This however, places a great deal of power in judges that have not been democratically elected or accepted by the public.

  2. In what ways does a Bolero Electronic Bill of Lading differ significantly from a ...

    Nowadays, bill of lading has three main functions: * As a receipt. ("Grant v. Norway"2) * As evidence of the contract of carriage ("The Ardennes"3) * As a document of title. ("Sanders v. Maclean"4) But it is also said to be: * The contract of carriage in the hands of an endorsee for example.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work