The success or failure of Cameron’s EU policy rests in part on the promised British Bill of Rights. What is clear is that Tories are unclear what should be included in it. One question that is yet to be answered is whether aspects of the constitution should be entrenched? Writing on the Blue Blog today, Michael Howard writes:
‘Any decision about these rights requires a balancing of competing rights. The fundamental question is who should be responsible for striking that balance: elected MP’s or unelected judges? On terrorism, Parliament twice, after great debate, reached its view. Yet twice the judges have held that Parliament got it wrong. In doing so, they were not seeking to deliberately challenge the supremacy of Parliament, but doing what Parliament had asked them to do.
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