The Constitutional Renaissance

Abstract

This is a paper presented by Sir Robin Cooke on “the astonishing breadth and depth” of the “rise of constitutionalism and, with constitutionalism, human rights” across the world, through a series of examples. He begins with the United Kingdom, commenting on the Human Rights Act 1998, the three devolution Acts of 1998, and the effect of the European Court of Human Rights on English law. Sir Robin then moves beyond Britain to discuss developments in Canada, India, Africa, Hong Kong, Australia, and New Zealand. These include the enactment of the Canadian Charter of Rights and Freedoms, the work of the Indian Supreme Court as the “guardian” of human rights, the development of the South African Constitutional Court following the end of apartheid, and the protection of human rights by the Hong Kong judiciary following the handover of Hong Kong to China. Sir Robin concludes by stating, first, that courts have a “crucial role” in “the protection of minority rights now and in the future” as “one of the elements of democracy” and, secondly, that it is crucial that judges “not be elected”. Abstract by Tim Cochrane.