ABSTRACT

The final chapter will set out the conclusions from the arguments made so far. The conclusions, like the book, are addressed in particular to the Human Rights Act as existing at the time of writing. However, whatever happens in respect of the Act in the future by reason of the present ‘British Bill of Rights’ debate, the points are of general application to any system of ‘weak-form’ constitutional review. Unless the United Kingdom was to change the Human Rights Act for constitutionally entrenched constitutional review enforceable against primary legislation, the central argument as to viewing the availability of legislative override from the perspective of actual popular participation will remain. A British Bill of Rights will not change the reality that in the British Constitution, as with representative democracies in general, the electorate are marginally engaged on most issues but expect clear, stable, majority public opinions to prevail on matters of sufficient importance to affect voting intentions.