bill of rights

What is the rule of law

A set of principles, fundamental to our constitution, that seeks to ensure that everyone, including the state itself is bound by laws

4 problems with the process of law making

Become less:

Transparent

Accountable

Inclusive

Democratic

Examples of poorly run public consultations

Illegal migration act 2023 - no public consultation or pre-legislation scrutiny but has profound implications for the asylum system & human rights

Bill of rights - had 12000 responses & 90% were opposed to key reforms, but it was ignored

Examples of legislative disregard for human rights

Global civil society freedoms monitor

Public order act 2023

Henry VIII powers

Cuts to legal aids

What are Henry VIII powers & example

Amendments or repeal of laws by ministers through secondary with little parliamentary oversight or scrutiny

European Union (withdrawal) act 2018

How much has legal aid dropped by

22.4% from 2010-2023

2 examples of systematic inequalities

The budget of the equality & human rights commission dropped from £70.3 m in 2007 to £17.1 m today

Policymakers don’t conduct equality impact assessments - illegal migration act 2023

What can the government do

Repeal problematic legislation passed since 2019

Reduce its reliance on Henry VIII powers

Strengthen public ownership of human rights

Prioritise tackling inequalities

What would the proposals of the bill of rights done

Damaged the rule of law

Prevented access to justice

Reduced rights - easier to deport

Advantages

Control on the executive - check on the huge powers of the executive

Courts could refuse to apply legislation that was incompatible with the bill of rights

Disadvantages

Not needed, our rights are adequately protected

Increased power to the judiciary - unelected, tales power from parliament