Repeal of the Human Rights Act, its replacement with a British Bill of Rights and Responsibilities, and withdrawal from the jurisdiction of the European Court of Human Rights are core parts of the constitutional programme of the newly-elected Conservative government. This paper, jointly-published by The Constitutio
The enactment of the Human Rights Act 1998 was undoubtedly a significant moment in the United Kingdom’s legal and political history. But while many view it as a positive development, many others view it much more negatively, regularly voicing the need for far reaching reforms. Of the main Westminster parties, unhappiness with it has long been most prominent in the ranks of the Conservative Party. The publication of a policy document in October 2014 entitled ‘Protecting Human Rights in the UK: The Conservatives’ Proposals for Changing Britain’s Human Rights Laws’, was an important step towards understanding both what the Conservative Party believes is wrong with the current regime and how it plans to resolve these perceived problems. This paper scrutinises the Conservative Party’s proposals in an attempt to determine the Conservative Government’s likely success in both achieving the proposed reforms and addressing the perceived problems.
This publication presents the personal views of the author and not those of The Constitution Society, which publishes it as a contribution to debate on this important subject.