Today the Conservatives published their long-promised proposals for the replacement of the Human Rights Act with a British Bill of Rights, although their thunder was stolen somewhat by early publication of the announcement yesterday at Jack of Kent.
There has been plenty of speculation about what such a bill might contain, especially since David Cameron sacked Dominic Grieve as Attorney General. The assumption – which is looking increasingly accurate – was that Grieve was a serious impediment to moving the agenda forward simply by virtue of the fact that he understands and supports international law and human rights law, and the rule of law more broadly. So he had to go.
In the right wing press today Chris Grayling’s proposals have been warmly received. The proposals are combative in tone and make all sorts of noises about stopping judges from interfering from outside the UK, curtailing rights, and linking the exercise of rights to fulfilment of responsibilities. The press has been characterising this as ending the human rights “madness” and reasserting the sovereignty of the UK Parliament.
For all Chris Grayling’s posturing and for all the fanfare of a concerned campaign of media spin, it is, however, less clear what difference the proposals would or could make in practice. It may be, as Jonathan Freedland has argued, that achieving real difference in the law isn’t the primary objective. [Read more…]