The Writing of Human Rights: Government, Parliament and the Courts Must Be Collectively Responsible

Puddephatt, Andrew, New Statesman (1996)

The government will shortly set out its plans to incorporate the European Convention of Human Rights into British law. Very few moments are truly historic. This one is. For the first time, our fundamental rights will be written down in a way that can be easily understood and will be enforceable through the courts.

Yet an important issue is still to be resolved: the mechanism by which the ECHR will be incorporated. Inevitably many lawyers with their own vested interests are starting to argue that for a bill of rights to have meaning the courts must be given the power to strike down laws. This power is the equivalent of that granted to Canadian courts under their Charter of Rights, known as the "Canadian model". Other models competing in this incorporation beauty contest …

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Publication information: Article title: The Writing of Human Rights: Government, Parliament and the Courts Must Be Collectively Responsible. Contributors: Puddephatt, Andrew - Author. Magazine title: New Statesman (1996). Volume: 126. Issue: 4343 Publication date: July 18, 1997. Page number: 37. © Not available. COPYRIGHT 1997 Gale Group.

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