This article considers David Cameron's proposal to repeal the Human Rights Act (HRA) and replace it with a British Bill of Rights. Cameron's proposal has been heavily criticised by a range of political, academic and non‐state actors and was described by a current senior Coalition Cabinet member as ‘xenophobic’ and ‘legal nonsense’. This article takes a slightly different direction to those lines of attack and critique that have been developed of the Conservative's proposals. The central proposition of the article is that Cameron's proposal is profoundly un‐Conservative at two levels. Firstly, at the level of Conservative approaches to constitutional reform and secondly, at the level of Conservative political philosophy.
One of the most significant characteristics of the peace process in Northern Ireland has been the profound importance attached by a range of academic, political and non-governmental actors to the concept of human rights. However, unionists, more so than other elite-level political actors in Northern Ireland, have expressed scepticism about proposals from the Northern Ireland Human Rights Commission (NIHRC) for a Northern Ireland Bill of Rights. This article explores how unionists relied on a ‘court sceptic’ narrative to argue against the Bill of Rights proposals. It argues that at one level unionist reliance on ‘court sceptic’ arguments can be conceived of as instrumental in the sense that it was a mere tactical response to, as unionists argue, the inflation by the NIHRC of their mandate contained in the Good Friday Agreement to devise a Bill of Rights. However, at another level unionists reliance on ‘court sceptic’ arguments can also be traced to their constitutional experience within the British polity.
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