The judicial protection of human rights in the commonwealth

Abstract

The Human Rights Act 1998, by rendering Ministers and civil servants more accountable to the judiciary, has created a sea change in the UK's constitutional settlement. Although a coincidence, 1998 also marked the tenth anniversary of the Commonwealth judicial colloquium ‐first convened in Bangalore in 1988. This, and the subsequent six colloquia, have provided a unique opportunity for members of Commonwealth countries’ senior judiciary to discuss the ways in which judicial protection of human rights in the Commonwealth can be strengthened. In this essay, Anthony Lester discusses the issues raised in the various colloquia. He sets out the Bangalore Principles and emphasises their continuing importance in ensuring the protection of fundamental rights and freedoms in the Commonwealth.