The correct balance has been struck

Read PLP’s submission to the Independent Human Rights Act Review

The Government recently established the Independent Human Rights Act Review (IHRAR) to “consider how [the HRA] is working in practice” after twenty years in operation.

The Review asks a number of questions against a background “perception that… courts have increasingly been presented with questions of policy”.

In PLP’s submission, we show that the HRA is a carefully crafted legislative scheme which strikes the correct balance between Parliament, the executive and the courts, as well as between the between domestic courts and Strasbourg.

We draw on academic research and practitioner experience to demonstrate that many criticisms of the Act are exaggerated or misconceived and that the Act is largely working as intended, as an effective tool for securing fundamental rights whilst respecting democratic legitimacy.

We strongly recommend against changes to this piece of legislation.

If you would like to get in touch with us about our submission, please contact our Research Fellow in Constitutional Law, Lewis Graham at l.graham@publiclawproject.org.uk