The Government’s Policies on the Human Rights Act and the EU are an incoherent muddle

The vast majority of Conservative MPs are united in the belief that Parliament should be sovereign and the British Supreme Court should be supreme. Yet the Government has embarked on a plan which (if it succeeds) will effectively entrench the precise opposite of what its MPs actually want.

The problem arises from a misunderstanding of the Human Rights Act and a failure to address the constitutional realities of EU law.

On the Human Rights Act, the Prime Minister has instructed Michael Gove to press ahead with preparations for its repeal and replacement by a British Bill of Rights.

Any sensible Conservative ought to realise that the repeal of the Human Rights Act is not just unwise but, if you are worried about Parliamentary sovereignty and the supremacy of our courts, entirely beside the point. The Act requires the Supreme Court only to “take account” of Strasbourg decisions, not to follow them; and it gives courts, whether British or European, no power to strike down Acts of Parliament. Under the Human Rights Act the Supreme Court is supreme and Parliament is sovereign. Continue reading “The Government’s Policies on the Human Rights Act and the EU are an incoherent muddle”