Judges and Politicians - Who should decide?

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Judges and Politicians - Who should decide?

28 Feb 2009

Speakers: Geoffrey Bindman, Lord Peter Goldsmith, Lord Bingham, Juliet Gardiner, Keith Ewing, John Jackson

The panel discuss who does - and who should - decide the basic human rights of British citizens, and how these rights are to be upheld. They argue that, presently, the rights of the British public are at a low ebb; legislation to ensure the safety of the people, especially since the ‘war on terror’ began, has often impinged upon their civil rights. The reasons for this change are discussed and possible solutions forward are made. The general consensus is that, in light of the courts' inability to uphold human rights, these issues should be brought back into the heart of government policy making.

Juliet Gardiner begins by discussing the history of liberty and civil rights, from Magna Carta and the Declaration of the Rights of Man to constitutions written in the last 25 years. She calls for a new form of constitutionalism that harks back to Locke and Rousseau – one that recognises the 'sovereignty of the people'.

Keith Ewing echoes Juliet Gardiner’s points. Noting the gradual infringement of privacy in our everyday lives (such as the 500% increase of phone-tapping since 1988), and the courts' patchy ruling on the Human Rights Act, he argues that it is necessary to address civil rights issues at source – parliament.

Lord Goldsmith continues this theme by arguing for human rights issues to be brought back to the 'centre of policy making'. In his opinion, these issues are for the Cabinet and Parliament to decide, not the courts.

Sir Geoffrey Bindman suggests that one reason for the erosion of liberty is a lack of education, and that the Human Rights Act (1998) should have been accompanied by an educational campaign to alert people to their basic rights. He also notes the inequality of access to legal help in Britain, as the rich have a monopoly on access to the best legal aid.

Finally, Lord Bingham discusses the British Declaration of Rights (1947) and questions what has gone wrong in the field of civil liberties since this document enshrined the basic civil rights of British citizens. He cites technology and the 'war on terror' as two reasons for the erosion of liberty in Britain.

Geoffrey Bindman

Chair of the British Institute of Human Rights
Lord Peter Goldsmith

Former Attorney General for England and Wales and Northern Ireland
Lord Bingham

Former Senior Law Lord
Juliet Gardiner

British historian and writer
Keith Ewing

Professor, King’s College London
John Jackson

Chairman of Mishcon de Reya solicitors