Bills of Rights

Forthcoming in Richard Bellamy and Jeff King eds, Cambridge Handbook of Constitutional Theory (CUP 2022)

21 Pages Posted: 10 Jan 2022

See all articles by Richard Bellamy

Richard Bellamy

University College London - Department of Political Science

Date Written: January 6, 2022

Abstract

This chapter focuses not on the possible content of a Bill of Rights, such as whether it should contain social and economic rights or only civil and political rights, but on the form any such Bill needs to take to be legitimate in a manner congruent with the moral norms of equal concern and respect underlying both rights and democracy. It explores four conceptions of Bills of Rights and the different ways they relate to democratic theory and practice. I start with the view of a Bill of Rights as distinct from normal legislation and that is ultimately the responsibility of the courts to defend. I distinguish between substantive and procedural accounts, in which the first focuses on upholding the rights necessary to ensure the outputs of democratic decisions reflect democratic norms whereas the second seeks to uphold the rights required for a due democratic process. I then turn to legislated rights and the role of Parliamentary Bills of Rights. Finally, I examine the role of democratic constitutional politics as a means for justifying and legitimising such rights instruments, be they upheld by legislatures or courts.

Keywords: Rights, Bill of Rights, Judicial Review, Parliamentary Sovereignty, Dual Democracy, Legislation

Suggested Citation

Bellamy, Richard, Bills of Rights (January 6, 2022). Forthcoming in Richard Bellamy and Jeff King eds, Cambridge Handbook of Constitutional Theory (CUP 2022), Available at SSRN: https://ssrn.com/abstract=4002618

Richard Bellamy (Contact Author)

University College London - Department of Political Science ( email )

Gower Street
London
United Kingdom

HOME PAGE: http://iris.ucl.ac.uk/iris/browse/profile?upi=RBELL43

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