ABSTRACT

What we presented in the last chapter were practical theories as to how the Human Rights Act not only preserves the ‘come-at-ability’ of the British Constitution as described by Bagehot (2007: pp. 98–99) by allowing for the Act to be overridden through ordinary legislation, but that the Act may serve to stimulate deliberation and participation within the political process. Any counter-majoritarian effect would restrain majorities in the legislature, but would not hinder the freedom of choice that citizens have when exercising participatory rights to counter-control judicial decisions.