Joint Committee on Human Rights - Twenty-Ninth Report
Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Lords and the House of Commons to be printed 21 July 2008.
Contents
Terms of Reference
Summary
1 Introduction
Our inquiry
The purpose of our Report
The historical context
How much consensus?
2 Does the UK need a Bill of Rights?
Why is the Government interested in a Bill of Rights?
Other arguments in favour of a Bill of Rights
The case against a Bill of Rights
ECHR-plus?
What would a Bill of Rights add to the Human Rights Act?
Declaratory or aspirational?
Bills of Rights and historical moments
3 A "British" Bill of Rights and the Devolution Dimension
British rights for British citizens?
Definition of "British"
British not European
Use of the term "British": Conclusion
Devolution
4 What should be included in a UK Bill of Rights?
"British values"
Additional rights
"UK rights"
The right to trial by jury
Right to administrative justice
Equality
Other candidates
Relationship between Bill of Rights and common law
Unincorporated international human rights
Rights for particular groups
Conclusion
5 Economic and social rights
The Committee's Report on Economic and Social Rights
The Government's evolving position
The range of possibilities
Model (1): Fully justiciable and legally enforceable rights
Model (2): Directive principles of State policy
Model (3): A duty of progressive realisation of economic and social rights by reasonable legislative and other measures, within available resources
Objections to the inclusion of economic and social rights
Objection 1: The rights themselves are too vaguely expressed and will only raise expectations and encourage time-consuming and expensive litigation against public bodies
Objection 2: It hands too much power to the courts and so is undemocratic
Objection 3: It involves the courts in making decisions about resources and priority setting that they are ill-equipped to take
A suggested approach: a duty of progressive realisation with a closely circumscribed judicial role
6 "Third generation rights"
7 Relationship between Parliament, Executive and the Courts
The possible models
The 'parliamentary model' of human rights protection
Enhancing Parliament's role in the parliamentary model
Power of legislative override
Reasoned statements of compatibility
Enhanced role for Parliament following declaration of incompatibility
Five yearly independent review
Entrenchment
Emergencies
Judicial appointments
8 Responsibilities and duties
The Government's position
The relationship between rights and responsibilities
Responsibilities already implicit in human rights standards
The proper relevance of responsibilities in human rights law
Public function
The effect of the Bill of Rights on private parties
9 Process
The Government's position
Comparative experiences
Australia
Minimum requirements of the process
Inclusivity
Deliberative techniques
Independence from Government
Timing
Resources
The role of Government
Conclusions and recommendations
Annex 1: Outline of a UK Bill of Rights and Freedoms
Annex 2: Explanatory Notes to the Outline Bill of Rights and Freedoms
Annex 3: Northern Ireland Human Rights Commission Methodology
Annex 4: Examples of Economic and Social Rights Provisions
Formal Minutes
List of Witnesses
List of Written Evidence
Reports from the Joint Committee on Human Rights in this Parliament
Oral and Written Evidence
Monday 3 December 2007
Monday 14 January 2008
Monday 28 January 2008
Tuesday 4 March 2008
Monday 10 March 2008
Wednesday 21 May 2008
Written Evidence
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