The Role of a Bill of Rights in Reconstructing Northern Ireland

Abstract

Under the auspices of the Good Friday Agreement of 1998, the Northern Ireland Human Rights Commissionhas recently published a draft Bill of Rights for Northern Ireland. It is argued here that before deciding on the content of a Bill of Rights, serious consideration should be given to the underlying question of the value of a Bill of Rights in a divided society. In addressing this question, this article advances four main arguments: First, a Bill of Rights can empower individuals and minorities to challenge governmental policy. Second, rights litigation under a Bill of Rights can provide an added channel of political participation. Third, a Bill of Rights can operate as a useful constraint on majoritarianism. Fourth and finally, it can contribute toward the common good of a just, tolerant society.

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