Profoundly Un‐Conservative? David Cameron and the UK Bill of Rights Debate

This article considers David Cameron's proposal to repeal the Human Rights Act (HRA) and replace it with a British Bill of Rights. Cameron's proposal has been heavily criticised by a range of political, academic and non‐state actors and was described by a current senior Coalition Cabinet member as ‘xenophobic’ and ‘legal nonsense’. This article takes a slightly different direction to those lines of attack and critique that have been developed of the Conservative's proposals. The central proposition of the article is that Cameron's proposal is profoundly un‐Conservative at two levels. Firstly, at the level of Conservative approaches to constitutional reform and secondly, at the level of Conservative political philosophy.     

How to Advance Social Rights without Jeopardising the Human Rights Act 1998

When the 1948 Universal Declaration of Human Rights (UDHR) was drafted, governments grasped that human rights are needed as safeguards, not only against authoritarianism but also against the causes of authoritarianism. For this reason, the UDHR encompasses civil, political, economic, social and cultural rights. This holistic vision of human rights was obscured during the Cold War and more recently by economic neo‐liberalism. The UK government neglects social rights, which have a very low public profile, although there is evidence that the profile of these human rights is increasing. UK domestic law and practice is inconsistent with the holistic vision of human rights and the government's binding international social rights obligations. The UN Special Rapporteur on extreme poverty and human rights recommends that the UK provides for ‘the legislative recognition of social rights’ which can be approached in various ways. One way is to proceed social right by social right (for example, the rights to housing, health and education), and sector by sector (for example, the sectors of housing, health and education). This administrative law approach advances explicit social rights without implicating or jeopardising the Human Rights Act 1998.     

Citizenship and the Constitution

The status of “British subjects”, the relationship between the individual and the State, and the concept of “rights” and “liberties” are relevant to the current political debate about “British identity”, citizenship, “multiculturalism”, a “British Bill of Rights”, and whether there is now a need for a written constitution. This article describes the confused contemporary understanding of what is meant by “British” citizenship and analyses the parallel developments of citizenship and our constitutional arrangements. The Human Rights Act, devolution and Gordon Brown's proposed constitutional renewal are important steps in setting out the ideas and principles that bind us together as a nation. Together with a coherent definition of the rights and obligations of British citizenship, constitutional reform would achieve a stronger sense of what it means to be British today.     

Courts and the politics of secrecy: national security,human rights and the importance of supranational oversight

Abstract

The article examines the use of state secrecy in court litigation concerning alleged gross human rights violations committed in the struggle against terrorism, focusing specifically on cases of extraordinary rendition and comparing the performance of courts in the United States, in Italy and the European Court of Human Rights (ECtHR). The article explains that national courts have validated the assertion by national governments of the state secret privilege in litigation involving cases of extraordinary rendition, ensuring de facto immunity to individuals involved in gross human rights abuses. On the contrary, it underlines that the ECtHR has pierced the veil covering these ‘deep secrets’, undertaking a strict scrutiny of acts of extraordinary rendition to torture committed by governments in the name of national security. As the article argues, the success of the ECtHR can be explained by a number of reasons, including distance, time and institutional design. In conclusion, the case law of the ECtHR on secrecy and national security confirms the continuing importance of supranational courts as instruments of external oversight on the human rights practice of European states.     

Book Reviews

Abstract

Stretching a third of the way around the globe, the Asia Pacific is the world's most populous region. Yet, it remains the sole region without a human rights court or commission, and without a human rights treaty. The notable absence there of a human rights mechanism based on such institutions is often explained away by reference to the region's size and heterogeneity, the constituent states’ reluctance to interfere in the affairs of others, and the existence of rivalries. Whilst agreeing that there is no inter-governmental initiative that looks set to change the present state of affairs in the Asia Pacific, this article places the spotlight on another model of creating a regional human rights mechanism, that is, the unique and burgeoning Asia Pacific Forum of National Human Rights Institutions. Specifically, it assesses the prospects for Japan, Taiwan and China – three key regional players whose membership of the Forum is still outstanding – to create domestic human rights bodies that eventually join.     

‘Solidity or Wind?’ What's on the Menu in the Bill of Rights Debate?

This article examines the pronouncements and positions of the leading political parties on the Human Rights Act and the proposals for a new British Bill of Rights and Responsibilities. It analyses the main arguments made in support of a British Bill of Rights and Responsibilities, which are advanced around five main issues: security, the judges, parliamentary sovereignty, responsibilities and 'British rights'. The article was written before the government published the Green Paper Rights and Responsibilities: developing our constitutional framework in March 2009 and provides a political context with which to analyse it.     

Why the EHRC Report into Anti‐Semitism in the Labour Party is About so much More than Anti‐Semitism in the Labour Party—A Personal View

The Equalities and Human Rights Commission (EHCR) investigation into anti‐semitism in the Labour Party, the virtual disavowal of the report by Jeremy Corbyn, his subsequent suspension from and then reinstatement to the party and then his exclusion from the Parliamentary Labour Party, raise issues far wider than just the EHRC’s legalistic and limited investigation.     

On the Ideological Foundations of Supreme Court Legitimacy in the American Public

Conventional wisdom says that individuals’ ideological preferences do not influence Supreme Court legitimacy orientations. Most work is based on the assumption that the contemporary Court is objectively conservative in its policymaking, meaning that ideological disagreement should come from liberals and agreement from conservatives. Our nuanced look at the Court's policymaking suggests rational bases for perceiving the Court's contemporary policymaking as conservative, moderate, and even liberal. We argue that subjective ideological disagreement—incongruence between one's ideological preferences and one's perception of the Court's ideological tenor—must be accounted for when explaining legitimacy. Analysis of a national survey shows that subjective ideological disagreement exhibits a potent, deleterious impact on legitimacy. Ideology exhibits sensible connections to legitimacy depending on how people perceive the Court's ideological tenor. Results from a survey experiment support our posited mechanism. Our work has implications for the public's view of the Court as a “political” institution.     

Regulating political advertising in the EU and USA: a human rights perspective

Underlying the American model of political campaign communication are the US Constitutional guarantees of free speech, which secure the rights of citizens to support political candidates of their choosing and express that support in various forms, from bumper stickers to television advertising. Courts have at times struck down measures regulating political advertising, including limits on the amounts of such advertising and the amounts of funds which candidates, parties and individuals may spend on election‐related speeches and advertising as infringements of these rights. With few exceptions, in the USA, government may not limit the number of spots a candidate airs in an election. In Europe, international norms concerning free expression and fair elections appear in a number of legal instruments, including, most recently, the UK's Human Rights Act 1998 and the EU's Charter of Fundamental Rights. This paper compares the role and development of American First Amendment doctrines in limiting restrictions on political advertising in the USA with the development of comparable norms of free expression under the European Convention on Human Rights, European Union treaties and legislation and national laws of the member states and accession countries. In particular, this paper addresses the validity and enforceability of European legal limits on number, timing, placement, quantity and content of political advertisements under applicable human rights rules and similar regulations. The paper concludes that (1) a combination of European legal instruments, including the European Convention on Human Rights, the European Community Treaty, the European Community's ‘Television Without Frontiers’ Directives and the Council of Europe's Convention on Transfrontier Television offer protections of a kind and type which broadly track the protections of the USA's First Amendment; that (2) it seems that governmental justifications for restricting these freedoms are more readily accepted in Europe than they might be in courts in the USA; and that (3) certain restrictions on political advertising identified in previous studies as existing throughout Europe will face increased judicial scrutiny and some of them are probably illegal under European Human Rights principles. Copyright © 2004 Henry Stewart Publications     

Human Rights in the Public Sector

This article examines how universal human rights have been given practical effect in the UK through the Human Rights Act. It focusses on the role of human rights in public services and using the duty placed on public officials as a lever to bring about positive change.     

Telling the stories of others: claims of authenticity in human rights reporting and comics journalism

ABSTRACT

There are various intermediaries bearing witness to distant conflicts and atrocities. They travel to distant parts of the world to collect different kinds of evidence and stories, motivated by the assumption that knowledge can evoke change. This article asks how authenticity is claimed in this context of humanitarian witnessing. It focuses on two, at first sight quite different, practices of representation: NGO human rights reporting and comics journalism, also known as graphic reporting. It argues that representations of first-hand access to sites and people involved in abuses, or of ‘having been there’, figure centrally in establishing authenticity and thereby truth. The article discusses two techniques through which first-hand truth claims are performed: representations of field research methodologies, and personifications of truth in the figure of the witness. The intermediaries chosen for an in-depth study are the human rights NGO Human Rights Watch and the US comics journalist Joe Sacco.     

Race,Representation, and the Voting Rights Act

Despite wide scholarly interest in the Voting Rights Act, surprisingly little is known about how its specific provisions affected Black political representation. In this article, we draw on theories of electoral accountability to evaluate the effect of Section 5 of the Voting Rights Act, the preclearance provision, on the representation of Black interests in the 86th to 105th congresses. We find that members of Congress who represented jurisdictions subject to the preclearance requirement were substantially more supportive of civil rights–related legislation than legislators who did not represent covered jurisdictions. Moreover, we report that the effects were stronger when Black voters composed larger portions of the electorate and in more competitive districts. This result is robust to a wide range of model specifications and empirical strategies, and it persists over the entire time period under study. Our findings have especially important implications given the Supreme Court's recent decision in Shelby County v. Holder.     

The Conservative Case for Human Rights

This article explores how conservative values and Conservative Party politicians helped to shape the Universal Declaration of Human Rights (UDHR) 1948 and the European Convention on Human rights (ECHR) 1950. It provides an overview of the history of conservatism in the UK with a focus on the way that Conservative Party administrations promoted the protection of human rights, including social and economic rights. The author argues that the Conservative Party should continue to play a key role in protecting human rights legislation rather than regarding human rights as a ‘foreign’ imposition from Europe.     

Enacting multi-layered citizenship: Turkey’s Armenians’ struggle for justice and equality

Throughout the history of the Turkish Republic, Turkey’s Armenians have been subjected to a trade-off between the limited minority rights granted by the 1923 Lausanne Treaty and equal national citizenship. Traditionally a closed, depoliticized community, the citizenship practices of the Armenian minority have become increasingly differentiated in recent years. Building on a notion of citizenship as multi-layered and constituted through collective practice, this article investigates the implications of the political acts of Turkey’s Armenian minority on sub-national and national citizenship in Turkey. We show that Turkey’s Armenians are coupling rights demands, identification, normative references, and mobilization at the sub-national, national, and transnational levels in innovative ways, and are thereby negotiating different layers of citizenship in Turkey in a way that strengthens equal national citizenship.     

Human Rights or Citizen's Privileges: The Great Bill of Rights Swindle

New Labour arguably left Britain more comfortable in its diversity and better protected by anti‐discrimination law. Equal treatment for gay people advanced significantly and the Human Rights Act provides a modern Bill of Rights for everyone in the Kingdom. Curiously however, parallel laws dishonoured these values in thought, word and deed. Home affairs hyperactivity left ours a less friendly country in which to seek asylum, dissent or even be young. The Coalition bound itself together with ‘civil liberties’ and quickly reversed some excesses of the previous decade. Last year's ‘Arab Spring saw it promote human rights abroad. However the Government appears bitterly divided by them at home. Is the debate about a more ‘British’ Bill of Rights, political genius, pragmatic fudge or a dangerous swindle capable of depriving us all of vital protection against abuse of power?”     

‘Remaining awake through a great revolution’: The rhetorical strategies of Martin Luther King Jr

Martin Luther King, Jr is the most recognisable face of the black Civil Rights movement in America in the 1950s and 1960s. His ‘I’ have a Dream’ speech, given in 1963 as part of the march on Washington, has been identified as a key moment in American history, beyond just its importance to the Civil Rights movement. King's lasting place in American history has recently been codified in the declaration of his birthday as a National Holiday by the Reagan Administration in 1986. Unlike other Civil Rights leaders, King gained support from black and white communities for his program of change. In fact, King's major successes in gaining Presidential support for Civil Rights Bills in 1964 and 1965 resulted from his ability to win the support of Northern white liberals for Federal intervention in Southern race relations. Although considerable work has been done on the methods through which King's campaigns sought to tap white support for Civil Rights, scant attention has been given to one of the central vehicles through which King was able to mobilise white support, his language. Despite the publication of two recent studies on King's rhetoric, (Miller 1992; Lischer 1995) scholars have largely ignored King's rhetoric as a source of study. In this paper, I seek to fill some of this gap by analysing the key rhetorical strategies King employs to win support from his predominantly white audience in his speech ‘Remaining Awake Through a Great Revolution’.     

Human Rights, “Orientation,” and ASEAN

This article will first look at the recent promulgation by the Association of Southeast Asian Nations (ASEAN) of its ASEAN Human Rights Declaration (AHRD). This development follows on from ASEAN's official attempts since the development of the 2007 ASEAN Charter to promote a “people-oriented” ASEAN. This article explores the various criticisms that have arrived of the ASEAN Human Rights Declaration, and, in particular, considers the criticisms concerned with or relevant to sexual orientation and gender identity rights. Second, the article uses the context of the arrival of the AHRD and, indeed, the arrival of its auspicing institution, the ASEAN Intergovernmental Commission on Human Rights (AICHR), to ask broader and deeper questions about the cultural politics of making rights claims and the manner in which these claims may contribute to the development of a more democratic politics.     

Arrogant Posh Boys? The Social Composition of the Parliamentary Conservative Party and the Effect of Cameron's ‘A’ List

In the light of the recent controversy over Andrew Mitchell's alleged ‘pleb’ comments to police officers and Nadine Dorries’ characterisation of David Cameron and George Osborne as ‘arrogant posh boys, this article examines the social composition of the parliamentary Conservative Party. It looks at previous attempts to widen the social base of the PCP and analyses the effect of Cameron's priority or ‘A’ list of candidates on the composition of the 2010 PCP. The article asks whether the perception that the Conservatives are the party of the rich has damaged the party's electoral appeal and if so what can be done to rectify the situation.     

Fathers,Families and Work: Putting ‘Working Fathers’ in the Picture

This article is a review of Fathers, Families and Work, one of a series of reports published as part of the Equality and Human Rights Commission (EHRC)'s ‘Working Better’ programme. The article examines Fathers, Families and Work in the context of the wider conclusions and recommendations of the ‘Working Better’ programme and considers the extent to which these recommendations will translate into public policy. It concludes that there is a gap between parents' desire for both mothers and fathers to be involved in caring for children and the reality of long hours and inflexible workplaces that limits the time men can spend caring for children.     

Resurgent Remain and a Rebooted Revolt on the Right: Exploring the 2019 European Parliament Elections in the United Kingdom

The 2019 European Parliament (EP) election took place against the backdrop of the vote for Brexit and the failure of Parliament to agree on a withdrawal agreement. Nigel Farage’s new Brexit Party topped the poll and the pro‐Remain Liberal Democrats, which called for a second referendum on EU membership, returned from electoral obscurity to take second place, while other pro‐Remain parties similarly performed well. In sharp contrast, the two main parties, Labour and the Conservatives, recorded their lowest combined vote share since they became the main representatives of the two‐party system. In this article, we draw on aggregate‐level data to explore what happened at the 2019 EP election in Great Britain. Our evidence suggests Labour suffered from a ‘pincer movement’, losing support in its mainly white, working class ‘left behind’ heartlands but also in younger cosmopolitan areas where Labour had polled strongly at the 2017 general election. Support for the new Brexit Party increased more significantly in ‘left behind’ communities, which had given strong support to Leave at the 2016 referendum, suggesting that national populists capitalised on Labour’s woes. The Conservatives haemorrhaged support in affluent, older retirement areas but largely at the expense of the resurgent Liberal Democrats, with the latter surging in Remain areas and where the Conservatives are traditionally strong, though not in areas with younger electorates where the party made so much ground prior to the 2010–2015 coalition government. Lastly, turnout increased overall compared with 2014, but individuals living in Leave areas were less motivated to vote. Overall, our findings suggest that those living in Remain areas were more driven to express their discontent with the Brexit process and more inclined to support parties that offer a second referendum on Britain’s EU membership.