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How effectively does the judiciary protect civil liberties?
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| Submitted: Thu Jul 11 2002
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How effectively does the judiciary protect civil liberties? Critics of the judiciaries existing powers argue they are too weak, with the uncodified nature of the British Constitution not lending itself to the protection of civil liberties. They take the view that there is too much power vested in the Executive, leaving civil liberties vulnerable to erosion by elective dictatorship. Supporters of the entrenched bill of rights see incorporation of the ECHR in the form of the HRA as empowering the judiciary. While critics see this as no panacea. Firstly, most of the rights in the convention are not absolute, as the state is able to legitimately interfere in pursuit of a `legitimate' aim. However, there are also some advantages. Restrictions have to be `necessary in a democratic society' and proportionate. In the Golder case the citizen won, as the state could not establish the rules limiting prisoners' access to solicitor...
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