February 7, 2011

Bringing Rights Back Home: Making human rights compatible with parliamentary democracy in the UK

By Dr Michael Pinto-Duschinsky. Foreword by The Rt Hon Lord Hoffmann, PC. Edited by Blair Gibbs.

The United Kingdom needs a robust system of protecting fundamental human rights while at the same time ensuring that senior Supreme Court justices are more accountable and judicial assertiveness does not undermine parliamentary democracy.

This report explores the judicial landscape of the UK’s three supreme courts – in London, in Strasbourg and in Luxembourg (the European Court of Justice) – and the new human rights context in which the judiciary and politicians now operate. It identifies key weaknesses in the current arrangements and recommends a series of political reforms to create a new constitutional settlement – one that guarantees the place of core human rights in national life, while helping to check judicial activism and protect parliamentary democracy.

Authors

Dr Michael Pinto-Duschinsky

Former Senior Consultant to Policy Exchange, Political Institutions

Blair Gibbs

Head of Crime & Justice, 2010-2012

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