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should UK replace HRA? essay, Essays (university) of Public Law

University of London (Lond)Public Law

should UK replace HRA? essay public law

Typology: Essays (university)

2022/2023

Available from 04/10/2025

Aharaf22
Aharaf22 🇬🇧

60 documents

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Should UK replace HRA with Bill of Rights
Introduction
Since it was passed in 1998, the Human Rights Act (HRA) has been an essential
component of law in protecting human rights in the United Kingdom. However, there is
a strong and ongoing debate about whether the UK should make its own Bill of Rights
and replace the HRA with it. This essay will examine at the reasons for and against
making a Bill of Rights for the UK. It will take into account jurisdictional references
that have had a big impact on this discussion. (85 words)
Why the HRA should be changed
Sovereignty and National Identity: Individuals who support a UK-specific Bill of
Rights believe that it would reaffirm the nation's sovereignty while providing the UK
the freedom to make its own set of human rights standards. By getting rid of the HRA,
the UK will demonstrate that it can define rights and freedoms that fit well with its laws,
culture, and politics. This argument shows how important it is to take into account
national identity when making human rights policies for the UK.
Clarifying and Strengthening Rights Protection: Critics of the HRA state that the
language and meaning of the European Convention on Human Rights (ECHR) can lead
to ambiguity and different decisions. A Bill of Rights for the UK would be an effective
means to solve these concerns by making things clearer and making sure people's rights
are more effectively protected. It would give judges clear rules to follow, which would
increase legal certainty and help make the human rights system stronger and more
efficient.
Enhancing Democratic Legitimacy: Enhancing the legitimacy of democracy is a
further incentive to support a UK-specific Bill of Rights. This is because it would make
democracy more accountable. Individuals who oppose the HRA state that it gives
unelected judges the power to invalidate out laws that were passed by those who were
voted to positions of power. By passing a domestic bill, protecting rights would stay in
the control of elected officials. This would make sure that human rights policy is in line
with democratic decision-making and reflections what citizens would like. (257 words)
The Reasons Not to Replace the HRA:
International Reputation and Obligations: The UK's approval of the ECHR is a clear
sign that it values about protecting human rights. Replacing the HRA with a Bill of
Rights that only applies to the UK could be seen as a step away from international
obligations and might harm the UK's long-standing image as a champion of human
rights. Also, the ECHR offers a consistent framework for protecting human rights
across Europe. This makes it possible to do comparisons and gives people a sense of
unity in promoting human rights.
Ensuring Consistency and Compatibility: The ECHR is an important aspect for setting a
uniform standard for protecting human rights across Europe. Having rid of the HRA and
replacing it with a UK-specific Bill of Rights could make it harder to keep rights
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Should UK replace HRA with Bill of Rights Introduction Since it was passed in 1998, the Human Rights Act (HRA) has been an essential component of law in protecting human rights in the United Kingdom. However, there is a strong and ongoing debate about whether the UK should make its own Bill of Rights and replace the HRA with it. This essay will examine at the reasons for and against making a Bill of Rights for the UK. It will take into account jurisdictional references that have had a big impact on this discussion. (85 words) Why the HRA should be changed Sovereignty and National Identity: Individuals who support a UK-specific Bill of Rights believe that it would reaffirm the nation's sovereignty while providing the UK the freedom to make its own set of human rights standards. By getting rid of the HRA, the UK will demonstrate that it can define rights and freedoms that fit well with its laws, culture, and politics. This argument shows how important it is to take into account national identity when making human rights policies for the UK. Clarifying and Strengthening Rights Protection: Critics of the HRA state that the language and meaning of the European Convention on Human Rights (ECHR) can lead to ambiguity and different decisions. A Bill of Rights for the UK would be an effective means to solve these concerns by making things clearer and making sure people's rights are more effectively protected. It would give judges clear rules to follow, which would increase legal certainty and help make the human rights system stronger and more efficient. Enhancing Democratic Legitimacy: Enhancing the legitimacy of democracy is a further incentive to support a UK-specific Bill of Rights. This is because it would make democracy more accountable. Individuals who oppose the HRA state that it gives unelected judges the power to invalidate out laws that were passed by those who were voted to positions of power. By passing a domestic bill, protecting rights would stay in the control of elected officials. This would make sure that human rights policy is in line with democratic decision-making and reflections what citizens would like. (257 words) The Reasons Not to Replace the HRA: International Reputation and Obligations: The UK's approval of the ECHR is a clear sign that it values about protecting human rights. Replacing the HRA with a Bill of Rights that only applies to the UK could be seen as a step away from international obligations and might harm the UK's long-standing image as a champion of human rights. Also, the ECHR offers a consistent framework for protecting human rights across Europe. This makes it possible to do comparisons and gives people a sense of unity in promoting human rights. Ensuring Consistency and Compatibility: The ECHR is an important aspect for setting a uniform standard for protecting human rights across Europe. Having rid of the HRA and replacing it with a UK-specific Bill of Rights could make it harder to keep rights

standards in line with those of other European countries. Also, the ECHR makes it possible for the UK to learn from the experiences and best practises of other countries. This makes sure that the UK's human rights framework has a wider view. Preserving Judicial Independence: One of the most advantageous things about the HRA is that it gives UK courts the power to understand and apply human rights law on their own, which protects the expertise and fairness of the courts. Putting in place a UK- specific Bill of Rights could lead to a certain amount of politization, since how human rights are interpreted could be affected by the political views of different governments. Protecting the integrity and effectiveness of human rights protection means making sure that the court stays knowledgeable and fair. (263 words) Jurisdiction References: In 2005, Hirst v. United Kingdom (No. 2), The European Court of Human Rights ruled in this important case that the UK's blanket ban on prisoners voting went against their right to free elections, which is protected by the ECHR. This decision makes it clear how important the ECHR is for protecting people's rights and shows how a UK-specific Bill of Rights could change how similar cases are decided. In the 2007 case Evans v. United Kingdom, the European Court of Human Rights found that the UK's practise of keeping DNA samples and fingerprints of people who had never been convicted of a crime violated the right to privacy guaranteed by the ECHR. This case shows how the ECHR works to protect people's privacy rights and how a UK- specific Bill of Rights might affect privacy problems. (136 words) Balancing Rights and Responsibilities: The balance between rights and responsibilities is an important thing to consider about when addressing making a Bill of Rights for the UK. A Bill of Rights is intended to protect and defend the rights of every individual, but it should also take into account the responsibilities each person has to society. Individuals who disagree with the HRA believe that it puts too much stress on individual rights and not enough on the responsibilities that citizens have to their communities. A Bill of Rights for the UK could be a solution to this problem if it strikes a balance between rights and responsibilities and encourages a sense of social duty while protecting individual freedoms. (114 words) Lessons from Comparative Jurisdictions: When looking beyond the UK, it is essential to look at how countries that have their own bills of rights have operated. Canada, New Zealand, and South Africa all have their own constitutional bills of rights, demonstrating what the pros and cons of such a system could be. These comparisons can help the UK make decisions and convey important lessons about how to construct a Bill of Rights for the UK that meets the needs and desires of its society. (80 words)