The refusal by these internationalist reformers to consider the problems posed by the HRA for our democracy in the UK is unfortunate, since it tends to lead to attack on the very idea of human rights. A structure which promotes human rights without undermining British democracy will assure these rights far more securely. Though much work remains to be done on the details, the fundamental features of any reform of the HRA should be clear. The rights set out in the European Convention on Human Rights should remain unaffected (though there is scope for slightly different wording and for a limited number of additional rights). Judicial independence must be maintained. This applies both to judges of the UK Supreme Court and those in Strasbourg. The UK legislature should not be able to overrule judicial interpretations of the European Convention on a casual basis. Override by the legislature should be reserved for exceptional occasions involving matters of major public policy. However, it is the essence of democracy that the freely elected House of Commons should have the final say. 

The pursuit of human rights should not and need not lead to the complete replacement of democracy by judicial rule. The intensity of ideological commitment by leading human rights advocates to the HRA and to the unchecked powers which it has afforded to the Strasbourg court has so far prevented any serious consideration of the underlying constitutional problems thrown up by the Act. In the US, the influence of the Supreme Court has led to a continuing debate about the roles of judges and legislatures. So far, there has not been nearly enough debate about the matter in Britain.