What is a Bill of Rights

Arguments against a Bill of Rights 

• in many countries it is judges who interpret the bill of rights and can strike down laws which contravene it. As judges are not elected it means unelected officials are in a position to change laws
• 'if it ain't broke, don't fix it!' - why introduce something new if the current system works?
• a Bill of Rights is inflexible. Once a right is included e.g. the right to bear arms in the US, it is difficult to remove it

The present situation 

The UK does not currently have a Bill of Rights. However it does have the Human Rights Act, which came into force on the 2nd of October 2000. This Act incorporates the European Convention on Human Rights into UK law. It covers civil and political rights and freedoms.

What could a Bill of Rights offer that the Human Rights Act does not? 

• the Human Rights Act only covers civil and political rights e.g. the right to marry or the right to free and fair elections. A Bill of Rights could cover social and economic rights as well e.g. rights in housing or employment
• A Bill of Rights could promise more effective and wider protection of human rights from all those who infringed them, not just the "state" or someone performing a public function or providing a public service.

(The Human Rights Act could be amended to take account of both recommmendations above)

Conclusion 

Many groups support a Bill of Rights for the UK, for example Charter88 and Liberty. However, at the moment they are concentrating their efforts on work around monitoring the impact of the Human Rights Act, which these groups welcome as the first step towards a full Bill of Rights. The Act is very significant because it is the first time positive rights have been enshrined in UK law in such a comprehensive way.

The question of whether there should be a Human Rights Commission, similar to the Human Rights Commission that has been set up in Northern Ireland as part of the peace process,is also under review. The Commission's role would be to educate people about the Human Rights Act and to help them take court cases for infringement of their rights under the Act where necessary.