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Human rights and the UK’s liberal democracy

Posted by Matt Walker on October 2, 2011

In my previous post I outlined the main criticism of the UK’s liberal democracy. Today’s comments by Home Secretary, Theresa May, illustrates this criticism perfectly. Today’s Sunday telegraph reports her as saying that the Human Rights Act should be scrapped because it causes “problems” at the Home Office, particularly when it comes to deporting illegal immigrants, some of whom “are perhaps terrorist suspects”. A summary of what she says can be found on the BBC News website.

The Human Rights Act enshrines into UK law the European Convention of Human Rights, and is the main cornerstone of human rights within the UK constitution (apart from the Magna Carta of 1215, which was aimed at the barons of the Middle Ages rather than 21st Century peasants like you and me). Aside from the arguments for and against the Human Rights Act, it is interesting to note that if there were a majority Conservative Government in this country they might well repeal the Human Rights Act, thereby changing my rights, your rights and everybody else’s rights just by passing an ordinary law through Parliament. To have such an effect on American citizens’ rights, for example, the US Government would need  two-thirds support from both Houses of Congress, as well as the support of two-thirds of state legislatures.

Put another way, human rights are not entrenched in the UK which means they are easily tampered with. Entrenchment would mean protecting our rights from being swiftly reversed. From the government’s point of view it would mean accepting human rights law even if it does inconvenience and cause “problems” to the UK Home Office.

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