header-logo header-logo

Rights and wrongs

04 September 2008 / Sir Geoffrey Bindman KC
Issue: 7335 / Categories: Opinion , Public , Constitutional law
printer mail-detail

A genuine and comprehensive Bill of Rights is a distant prospect, says Geoffrey Bindman

A Bill of Rights is a constitutional document setting out the rights which every citizen is entitled to expect its government to guarantee. Britain has had Bills of Rights in the past. Magna Carta is one example; and in 1688 Parliament drew up a Bill of Rights which limited and defined the power of the monarchy and established Parliamentary sovereignty. The value of a Bill of Rights is in its overriding authority and general acceptance but it need not be, and has not been in Britain, binding on Parliament. That is why we say we do not have a “written constitution”, unlike many other countries, including the USA, where legislation must conform to the constitution or be invalidated.

When the UK signed up to the European Convention on Human Rights in 1950—it was largely the brainchild of British lawyers—it could be claimed that it had adopted the convention as its Bill of Rights. However, even after 1966, when

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll