Scottish Human Rights Law Group

Problems with the Human Rights Act 1998 and How to Remedy Them: is a Bill of Rights the Answer?

February 22, 2010 | No Comments

Merris Amos (Queen Mary, University of London)

Modern Law Review M.L.R. (2009) Vol.72 No.6 Pages 883-908

Discusses whether the Human Rights Act 1998 should be replaced or supplemented by a “British” Bill of Rights, looking at problems with the Act, and comparing the Government and Opposition proposals. Considers public misunderstanding of the Act, criticism by the media and public figures, the limited scope of human rights protected, the effectiveness of a declaration of incompatibility, and the victim test for standing to litigate. Reviews cases on proportionality, comity with the European Court of Human Rights, and the definition of a public authority. Examines how to resolve the problems without a Bill of Rights.

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.

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