Bill of Rights
“My Government will ensure the constitution is defended. My
Ministers will restore the balance of power between the
legislature and the courts by introducing a Bill of Rights.”
The purpose of the Bill is to:
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● Introduce a Bill of Rights which will ensure our
human rights framework meets the needs of the society it
serves and commands public confidence.
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● End the abuse of the human rights framework and
restore some common sense to our justice system.
The main benefits of the Bill would be:
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● Defending freedom of speech by promoting greater
confidence in society to express views freely, thereby
enhancing public debate.
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● Curbing the incremental expansion of a rights culture
without proper democratic oversight, which has displaced due
focus on personal responsibility and the public interest.
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● Reducing unnecessary litigation and avoiding undue
risk aversion for bodies delivering public services.
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● Tackling the issue of foreign criminals evading
deportation, because their human rights are given greater
weight than the safety and security of the public.
The main elements of the Bill are:
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● Establishing the primacy of UK case law, clarifying
there is no requirement to follow the Strasbourg case law and
that UK Courts cannot interpret rights in a more expansive
manner than the Strasbourg Court.
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● Ensuring that UK courts can no longer alter
legislation contrary to its ordinary meaning and constraining
the ability of the UK courts to impose ‘positive obligations’
on our public services without proper democratic oversight by
restricting the scope for judicial legislation.
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● Guaranteeing spurious cases do not undermine public
confidence in human rights so that courts focus on genuine
and credible human rights claims. The responsibility to
demonstrate a significant disadvantage before a human rights
claim can be heard in court will be placed on the claimant.
● Recognising that responsibilities exist alongside rights by
changing the way that damages can be awarded in human rights
claims, for example by ensuring that the courts consider the
behaviour of the claimant when considering making an award.
Territorial extent and application
● The Bill will extend and apply across the UK.
Key facts
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● An estimated 70 per cent of foreign national
offenders who had their deportation overturned in the last
five years on human rights grounds in the First Tier Tribunal
did so due to Article 8 of the European Convention on Human
Rights (Right to Family Life).
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● Between 2005 and 2011, the Prison Service in England
and Wales faced successful legal challenges from over 600
prisoners on human rights grounds. This has cost the taxpayer
around £7 million, including compensation paid out and legal
costs.
