The sorry record – and uncertain future – of the Human Rights Act

It is twenty-five years to the day since the Human Rights Act 1998 (HRA) came into force. In that time, human rights law has not become a settled, accepted part of our constitution. To the chagrin and dismay of many lawyers, including no doubt Sir Keir Starmer and Lord Hermer, it remains stubbornly controversial. But the controversy is warranted – this body of law distorts parliamentary democracy, disables good government, and departs from the ideal of the rule of law.

The HRA’s record over the last quarter century exposes the constitutional and practical problems that arise from open-ended rights litigation

While the government came into office vowing never to leave the European Convention on Human Rights (ECHR) and proudly asserting its ‘absolute commitment’ to the HRA, there is clea