Domestic Bills of Rights

Abstract The Human Rights Act (HRA) has often been viewed as shifting the UK from political towards legal constitutionalism, and praised or criticized accordingly. This chapter argues that it can be understood in ways that are compatible with parliamentary sovereignty and the UK’s political constitution. On this account, the HRA fosters a form of ‘weak review’ that maintains parliamentary authority while guiding courts in rights-based reasoning. The evidence suggests that most of the judiciary interpret the HRA in ways consistent with the view offered in this chapter, and that it supports rather than detracts from the role of Parliament in defending rights.