As previously mentioned, Cameron and many others have posited a new Bill of Rights and the abandonment of the Human Rights Act which many have argued does not provide clear articulation for the rights and responsibilities of Britain's citizenry, and fails to address issues specific to counter-terrorism. Erdos, in his 2009 article, "Ideology, Power Orientation and Policy Drag: Explaining the Elite Politics of Britain's Bill of Rights Debate" posits that the formalized legal strength of the Bill of rights is contingent particularly on the legalities and the legal status of the rights it establishes; especially as it relates to whether the rights are considered 'supreme' against other law, and the magnitude and degree to which judicial decision and the instrument made under it are established against repeal (Erdos, 2009).
Britain is said to have a history of distrust with regard to a Bill of Rights particularly as it relates to allowing or providing a policy making role to the judicial branch often seen as negatively interfering with core "Westminster" gubernatorial norms such as parliamentary democracy and responsible government (Tant, 1993). The Liberal Party has supported such an instrument since the 1960's and it quickly became party policy. According to Erdos, the empirical record clearly demonstrates an association between support for a new Bill of Rights and those political constituents who share a social ideology of liberalism and concerns regarding social equality. The wider comparative and scholarly literature also supports this association (Morton & Knopff, 2000).
Further, it can be argued that this liberalist association reflects the resources of those identified as social liberals including alleged electoral unpopularity at the policy level as well as their access to sympathetic judges and skilled legal cadre (Erdos, 2009). As such, it would make sense as well as be determined beneficial for a Bill of Rights to be argued from this position particularly if it leads to increased involvement of the courts in the "formulation of public policy" (Morton & Knopff, 2000, p. 29).
Moreover, the argument for a Bill of Rights, for many, is said to have emerged particularly in public debates due in part to changes in society most notably related to the increase and growth of "postmaterialist preferences as well as more diversified immigration (Inglehart, 1990) dating back to the 1960's. These much noted social changes have served to increase the electorate that is most concerned with social liberal perspectives and issues. The ideological decline of the salience of Marxism and the political salience and size of the working class has arguably contributed to the ideological shift and the resultant need for new constituencies (Erdos, 2009).
Although many will not argue the importance of the debate regarding instituting a new Bill of Rights a comprehensive explanation has not been provided. There seems to be a sporadic tendency of positive engagement by Labour and Conservatives in the debate either at an individual parliamentarian level or institutionally. Moreover, there is no explanation as to explain the timing of Labour's limited enactment of a Bill of Rights in the Human Rights Act. Erdos posits that on a theoretical level, insufficient attention has been paid to the fact that Bill of Rights potentially transfer policy-making rights from those currently in the seat of power within 'ordinary political branches' as well as offer new protections for many social interests (2009).
Contrastingly, support for reformation of the current legislation and the establishment of a Bill of Rights may generate from those who do not share a non-executive power orientation focus as those holding such power currently, and with desire for maintaining it in the future would be hesitant to actively support the development of a Bill of Rights (Bingham 2009).
It is important to note, just as with the very public statements made by Cameron regarding the establishment of a Bill of Rights has a great deal to do with the 'swing phenomenon' that has been observed in the attitude of Labour that has become increasingly adversarial during its period in government particularly as it relates to the very practical limitations and constraints the Human Rights Act imposes in regard to the treatment of those seeking asylum, policing of protests, and the struggle against terrorism (Erdos, 2009).
Cameron's argument in favor of a Bill of Rights suggests that this kind of legislation would allow British governments to ignore the European Court of Human rights rulings that it is in disagreement with. This however is again not a clear...
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