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The United Kingdom and Human Rights - College of Social ...

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A Constitutional Re-examination? 125<br />

the largely hereditary House <strong>of</strong> Lords, even though that<br />

Chamber is much more independent <strong>of</strong> party control on<br />

non-major matters. <strong>The</strong>re has also been widespread<br />

concern about the manner in which Parliamentary<br />

c<strong>and</strong>idates are selected by activists <strong>and</strong> imposed upon<br />

the electorate as the only effective choice. Because<br />

democracy operates through the party system, if the<br />

value <strong>of</strong> democracy is really to operate, it is necessary to<br />

see that parties too are democratic. <strong>The</strong> value <strong>of</strong><br />

democracy is also considered by some to be at risk in<br />

relation to changes in the relationships between central<br />

<strong>and</strong> local government. Concerns are reflected in the<br />

continuing debates on whether there is a proper<br />

distribution <strong>of</strong> power as between central <strong>and</strong> local<br />

administration, whether there is adequate democratic<br />

control over local financial expenditure <strong>and</strong> whether local<br />

democracy is being diminished in favour <strong>of</strong> central<br />

government control with indirect central democracy.<br />

Public awareness <strong>of</strong> human rights issues has been<br />

aroused. In my second Lecture I indicated the credit that<br />

should be given to a watchful Press, various pr<strong>of</strong>essions<br />

involved in the development <strong>and</strong> application <strong>of</strong> human<br />

legal rights, non-governmental organisations, legal academia,<br />

social policy scientists <strong>and</strong> public administrators.<br />

Recently these concerns have been highlighted by the<br />

Charter 88 campaign, which has voiced grave anxiety<br />

that traditional human rights values, already expressed<br />

in constitutional <strong>and</strong> legal arrangements, are not being<br />

furthered <strong>and</strong> that existing protections for human legal<br />

rights are being diminished by new laws <strong>and</strong> by judicial<br />

decisions.<br />

Lay concern has been heightened by some ignorant<br />

journalism—I exclude comments by the Press cognoscenti.<br />

For example, it has been written even in "heavy"<br />

newspapers that the <strong>United</strong> <strong>Kingdom</strong> does not have a<br />

constitution. <strong>The</strong> position is that Britain does not have a

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