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