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UK Politics > 1. Democracy and Participation 1.4 Rights in context > Flashcards

1. Democracy and Participation 1.4 Rights in context Flashcards

1
Q

What are 5 milestone acts?

A
  1. Magna Carta 1215
  2. Glorious Revolution and Bill of Rights 1688
  3. Human Rights Act 1998
  4. Freedom of Information Act 2000
  5. Equality Act 2010
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2
Q

Why did the Magna Carta come about? What did the Magna Carta do?

A

King John’s nobles were disapproving of his tyrannical rule

  • limited royal power
  • foundation of human rights as: establishes right to trial by jury
  • establishes habeas corpus
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3
Q

Why did the Glorious Revolution and Bill of Rights come about? What did the Act do?

A

overthrow of King Jame II of England but a union of English Parliamentarians

  • demonstrates the right of the people to change their form of government
    e. g. if they believe that they gov did no longer protect their rights
  • sets up basic civil rights
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4
Q

What did the HRA do? What are some of the rights it set out?

A

incorporated ECHR into UK law in effect from 2000
enabled rights to be defended in UK courts rather than only Strabourg

  • right to life
  • right to privacy
  • freedom from torture
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5
Q

What did the FOI act do? What was the effect of this?

A

governmetn information freely available to the public by requuest

  • useful for research
    = improved services by shedding light on activities to help promote reform
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6
Q

What did the Equality Act do?

A
  • outlaw discrimination by people and institutions
  • describe 9 protected characteristics
  • incorporated influence from 1970 Equal Pay Act, 1976 Race Relations Act
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7
Q

What is the limitation of the right to life?

A

cannot be applied to:

  • an unborn foetus
  • euthanasia
  • suicide in prisons
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8
Q

What are the limitations of the right to a fair trial?

A
  • must have real and effective access to court (e.g. minors and prisoners)
  • unbiased jurors are hard to come by
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9
Q

What are limitations on the right to protest and freedom of association?

A
  • association must be covered by the law
  • must be neccessary and proportionate
  • must pursue at least one aim of (national security, preventing disorder, protecting health/morals, protecting others’ rights)
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10
Q

What are the limitations on the right to freedom of religion?

A
  • it is prescribed by law

- necessary and proportionate

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11
Q

What are 4 implications of the HRA?

A
  1. culture of rights
  2. illegal for gov or police to breach rights
  3. enable UK courts to implement ECHR
  4. future UK legislation is expected to be compatible with ECHR (e.g. court may issues a ‘declaration of incompatibility)
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12
Q

What is are famous cases of success under HRA?

A
  1. Belmarsh case (argued that detention without charge of Anti Terrorism Act 2001 was against HRA and was ruled in favour)
  2. 2005 - court ruled that the UK cannot deport individuals to a country where they are likely to be tortured
  3. 2006 - prevented deportation of 9 Afghan citizens who hijacked a plan to escape their country
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13
Q

CRITICISMS OF HUMAN RIGHTS PROTECTION/HRA

What are 3 criticisms are the HRA?

A
  1. HRA politicises the judiciary and undermines parliament sovereignty
  2. undermines safety and security
  3. it is not British enough
  4. do not go far enough (liberal criticism)
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14
Q

CRITICISMS OF HUMAN RIGHTS PROTECTION/HRA

How does the HRA undermine parl sovereignty?

A

limits Parl’s ability to legislate on certain matters
e.g. future legislation needs ot be compatible with HRA

gives unelected judges the power to decide what the law should be in some circumstances

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15
Q

CRITICISMS OF HUMAN RIGHTS PROTECTION/HRA
How does the HRA undermine safety and security? What 3 things did David Cameron say? Who agrees with this? What conflict does the HRA worsen?

A

Cameron said the HRA:

  • made it harder to protect our security
  • done little to protect some of our liberties
  • hampering the fight against crime and terrorism

Right wing tabloids agree with Cameron that it undermines our security

too much protection to individuals rather than victims and undermines effectiveness of gov

conflicts it worsens:

  • need for security of state vs individual liberty
  • privacy vs freedom of the press
  • immigration vs asylum
  • votes for prisoners
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16
Q

CRITICISMS OF HUMAN RIGHTS PROTECTION/HRA

How is the HRA not British enough?

A
  • steams from ECHR
  • does not authentically reflect needs and needs of British society
  • also enforced by an external court ECtHr in Strasbourg
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17
Q

CRITICISMS OF HUMAN RIGHTS PROTECTION/HRA

How does the HRA not go far enough?

A
  • not entrenched
  • nor is it superior to regular parliament laws
  • key sections of the HRA can be derogated when gov feels this in necessary (after 9/11)
  • judges cannot use the Act to strike down incompatible acts
  • still preserves parliamentary sovereignty (fails to deal with elective dictatorship)
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18
Q

POSITIVES OF HUMAN RIGHTS PROTECTION

What 2 Acts furthered the protection of human rights?

A
  1. Constitutional Reform Act 2005

2. FOI 2000

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19
Q

POSITIVES OF HUMAN RIGHTS PROTECTION

What did the Constitutional Reform Act 2005 do in general? and 3 more specific terms

A

ensured judicial independence

  • separated judiciary from the legislature
  • removed judges from HoL
  • Lord Chancellor no longer head of the judiciary
  • new Judicial Appointment Commission
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20
Q

POSITIVES OF HUMAN RIGHTS PROTECTION

What did the FOI Act 2000 do in general? What about specifically? What is a small CA?

A

greater transparency

- give citizens the right to see governments ‘internal’ documents and reports

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21
Q

POSITIVES OF HUMAN RIGHTS PROTECTION

What are some positives of the FOI Act?

A
  1. people can request information from 100,000 public bodies
  2. coalition gov extended FOI to more than 100 new organisations
  3. Ministry of Justice has reported reports have stadily risen
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22
Q

POSITIVES OF HUMAN RIGHTS PROTECTION

What are some criticisms of the FOI Act?

A
  1. watered down version of the European version
  2. Cabinet papers are exempt from FOI laws for 30 years
  3. still allows government to withhold too much information e.g. special forces and police investigations (info cannot be released if it is not in ‘public interest’)
    e. g. gov could prevent publication of documents that would reveal how Prince Charles has sought to alter government policies
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23
Q

PARL SOV AND HR

How is it argued that parliamentary sovereignty compromises rights protection in the UK?

A
  1. hr laws are not entrench or superior to regular laws

2. acts cannot be strike do0wn if they are incompatible (all judges can do is advise

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24
Q

Give 5 examples of legislation that undermined protection of liberties despite the HRA of 1998.

A
  1. Terrorism Act 2000
  2. Prevention of Terrorism Act 2005
  3. Anti-Terrorism Crime and Security Act 2001
  4. Serious Organised Crime and Police Act (illegal to protest within a km of Parl without police permission)
  5. extended use of control orders
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25
Q

TENSIONS BETWEEN INDIVIDUAL AND COLLECTIVE RIGHTS
Why has there been a tension between individual and collective rights since 9/11 and 7/7?
Whose rights were being compromised and proliferated?
What act was produced the compromised some rights and what did it do?
What right did this infringe?

A

gov wants to prevent further terrorists

TERRORISTS: individuals
UK SOCIETY: collective

2006 Terrorism Act - 28 days detention without trial

habeas corpus - guarantee of a court trial

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26
Q

TENSIONS BETWEEN INDIVIDUAL AND COLLECTIVE RIGHTS
Why has there been a tension between individual and collective rights in the context of gay rights?
Whose rights were being compromised and proliferated?
What act was produced the compromised some rights and what did it do?
What right did this infringe?

A

Christian couple refused to allow a gay couple to stay in their B&B

CHRISTIANS: individuals (compromising their right too refuse business)
GAY COUPLES: collective

outcome: Supreme Court ruled against B&B, it was discrimination

infringed ECHR provision ‘right to family life’

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27
Q

What is the rights have been eroded under pretext of war on terror?

A
  1. detention without charge
  2. control days
  3. right to protest
  4. privacy
  5. misuse of anti-terrorism legislation
28
Q

How has the detention without charge been proliferated under the pretext of war on terror? Name 4 acts that did something in this context.

A
  1. Terrorism Act 2000 - a week detention without charge
  2. Anti-Terrorism Act 2001 - indefinite
  3. Prevention of Terrorism Act 2005 - control orders
  4. Terrorism Act 2006 - detention without charge to 28 days
29
Q

How has the right to protest been eroded under the pretext of war on terror? Name 2 acts that did something in this context.

A
  1. Criminal Justice Act 1994 - easier for police to withdraw permission to protest
  2. SOCPA 2005 - bans authorised protest within 1km of Parliament (e.g. 2003 Iraq War prevented protesters near RAF Fairford)
30
Q

How has the right to privacy been eroded under the pretext of war on terror? Name the act and 2 things it did in this context.

A
  1. Investigatory Powers Act 2016
    - UK has highest number/proportion of CCTV cameras in Western World
    - England used to keep DNA profiles of people who weren’t charges
31
Q

How was the misuse of anti-terrorism legislation been proliferated under the pretext of war on terror? Name the act and 2 things it did in this context.

A
  • increase of power in policing

e. g greater powers to stop and search

32
Q

ERODED CIVIL LIBERTIES

What are the 4 ways civil liberties have eroded?

A
  1. detention without charge
  2. control
  3. the right to protest/freedom of movement
  4. privacy
33
Q

ERODED CIVIL LIBERTIES
Detention without charge
How has this right been eroded by Acts? After 2010, the coalition government reduced the detention without charge to?

A
  1. Terrorism Act 2000 - a week detention without charge
  2. Anti-Terrorism Act 2001 - indefinite
  3. Prevention of Terrorism Act 2005 - control orders
  4. Terrorism Act 2006 - detention without charge to 28 days

14 days

34
Q

ERODED CIVIL LIBERTIES
Detention without charge
What, by comparison, are pre-charge detention in Canada and Spain?

A

Canada - 1 day

Spain - 5 days

35
Q

ERODED CIVIL LIBERTIES
Detention without charge
How many people were held under anti-terrorism laws between Sept 11 2001 and March 2008? How many faced charges?

A

held - 1,471
charged - 521
convicted - 201

36
Q

ERODED CIVIL LIBERTIES
Control Orders
What Act created orders? Why was it brought in?

A

created by Prevention of Terrorism Act 2005

brought in because the House of Lords rules against the detention of the Anti-Terrorism Crime and Security Act 2001

37
Q

ERODED CIVIL LIBERTIES
Control Orders
What do control orders allow the Home Secretary to impose? What is very controversial about them?

A

almost unlimited range of restrictions on any persons he suspects of involvement in terrorism

controversial - without having to take the case to court and to produce evidence against the suspect

38
Q

ERODED CIVIL LIBERTIES
Control Orders
What do control orders undermine?

A

the presumption of innocence (and therefore a fair trial)

39
Q

ERODED CIVIL LIBERTIES
Control Orders
What did human rights camapginers say about the caolitions governemnts replacements for control orders?

A

that they did not differ substantially from the control orders

40
Q

ERODED CIVIL LIBERTIES
Right to Protest/Freedom of Movement
What Act made it easier for police to withdraw the right to protest?

A

Criminal Justice Act of 1994

41
Q

ERODED CIVIL LIBERTIES
Right to Protest/Freedom of Movement
What Act bans authorised protest within 1km of Parliament?

A

SOCPA 2005

42
Q

ERODED CIVIL LIBERTIES
Right to Protest/Freedom of Movement
Before SOCPA, what other controversial case shows the police curbing their rights to freedom of movemen/speech/protest? What happened?

A

March 2003 - Iraq War protestors from demonstrating near the RAF Fairford

three coachloads of people were searched and detained on the M4
they were forced to return to London under police escort

43
Q

ERODED CIVIL LIBERTIES
Right to Protest/Freedom of Movement
The Iraq War protestors won 2 cases against the police about what?

A

2004 - won High Court case over a police decision to detain them
2006 - Law Lords ruled that the police did violate the right to freedom of expression and lawful assembly

44
Q

ERODED CIVIL LIBERTIES
Privacy
Name 3 ways citizens have had their privacy violated.

A
  1. phone tracking and hacking
  2. surveillance
  3. DNA databases
45
Q

ERODED CIVIL LIBERTIES
Privacy
What controversial Act was introduced by the Conservative government? What was it dubbed? What did it do?

A

Investigatory Powers Act 2016

‘Snoopers Charter’

allowed more and expanded the electronic surveillance powers of UK Intelligence forces and police

46
Q

ERODED CIVIL LIBERTIES
Privacy
Why are critics concerned about the surveillance in the UK?

A

UK has the highest proportion of CCTV cameras in the Western world

47
Q

ERODED CIVIL LIBERTIES
Privacy
Why were human rights campaigners outraged at the police’s databases?

A

they kept DNA profiles of everyone regardless of whether they were charged with any offence or convicted

48
Q

ERODED CIVIL LIBERTIES
Privacy
How many UK residents’ details did the police have?

A

4.5 million (1 in 13)

49
Q

ERODED CIVIL LIBERTIES
Privacy
What does keeping DNA profiles fail to deliver?

A

protection of innocent who were not charged or convicted

50
Q

ERODED CIVIL LIBERTIES
Privacy
What did the ECtHR rule on the DNA privacy issue in 2008? What did they find the police guilty of?

A

it is not “regarded as necessary in a democratic society”

guilty of violation of Article 8 (the right to respect for private and family life)

51
Q

HOW WELL ARE CITIZENS’ RIGHTS PROTECTED IN THE UK?

What are 5 arguments that state citizens’ rights are secure/established?

A
  1. UK long historical tradition and culture of right protection
  2. judiciary has been empowered
  3. people are pro-active in defence of individuals and their rights
52
Q

HOW WELL ARE CITIZENS’ RIGHTS PROTECTED IN THE UK?

What are small additional arguments that argue that citizens’ rights are secure/established?

A
  1. progressive legislation setting rights out clearly
  2. increased transparency
  3. more active social media and press
53
Q

HOW WELL ARE CITIZENS’ RIGHTS PROTECTED IN THE UK?
ARE Protected
View 1 - How does the UK have a long culture of rights protection in acts and international treaties? Give examples, as many as you can.

A 
commitment acts and conventions such as:
Acts
- Magna Carta 1215
- Glorious Revolution 1668
- HRA 1998
- Equality Act of 2010

International treaties:
ECHR
UDHR
Statute of Rome

54
Q

HOW WELL ARE CITIZENS’ RIGHTS PROTECTED IN THE UK?
ARE Protected
View 2 - How Act empowered the judiciary? What did it do?

A

the Constitutional Reform Act 2005 - more independent and protected

a. Separation of Power - Supreme Court was highest court above HoL
b. Lord Chief Justice implementation - Lord Chancellor was no longer the head of the judiciary
c. Judicial Appointment Commission - responsible for most judges

55
Q

HOW WELL ARE CITIZENS’ RIGHTS PROTECTED IN THE UK?
ARE Protected
View 3 - What 3 ways are citizens more pro-active?

A
  1. pressure groups (Howard League for Penal Reform, Liberty, Amnesty)
  2. using the FOI Act to have better access to abuse of human rights (Save the Act advocated for information of Hillsborough tragedy after 20 years of no answers)
  3. social media can champion the case of individuals who have been denied their rights.
56
Q

HOW WELL ARE CITIZENS’ RIGHTS PROTECTED IN THE UK?

What are 5 arguments that state citizen’s rights are not sufficiently safeguarded?

A
  1. legislation to increase detention periods
  2. control orders
  3. rights of freedom/movement and protest curbed
  4. privacy compromised
  5. PGs expose evidence that shows proof of governments undermining rights in UK
  6. rights are not entrenched/parliamentary sovereignty
57
Q

HOW WELL ARE CITIZENS’ RIGHTS PROTECTED IN THE UK?
NOT Protected
View 1,2,3,4 - You should, by now, be able to talk about
- legislation to increase detention periods
- control orders
- rights of freedom/movement and protest curbed
- privacy compromised

A

LOOK AT PREVIOUS FLASHCARDS

58
Q

HOW WELL ARE CITIZENS’ RIGHTS PROTECTED IN THE UK?
NOT Protected
View 5 - What 2 different PGs have exposed hr violations? Give 2 examples of what they each reported.

A
  1. LIBERTY
    - exposes secret-data sharing deals between Greater London Authroity and Home Office to deport rough sleepers
    - exposes concern over ‘Snoopers Charter’
  2. STONEWALL
    - exposes details of all hate-crimes against LGBT+ persons
    - exposes details of schools with LGBT+ students to present to the government
59
Q

HOW WELL ARE CITIZENS’ RIGHTS PROTECTED IN THE UK?
NOT Protected
View 6 - How controversial Act occurred as a result of HRA not being entrenched? What effect does parliamentary sovereignty have on human rights protection?

A

SOCPA 2005

  • international court rulings can be ignored
  • gov could pass new legislation that violates previous parliamentary laws
60
Q

HOW WELL ARE CITIZENS’ RIGHTS PROTECTED IN THE UK?

What is your own conclusion?

A

NOT PROTECTED

61
Q

What are 4 examples of individual rights?

A

right to:

  • privacy
  • freedom of expression
  • protest
  • freedom of movement/assembly
62
Q

What are 4 examples of collective rights?

A
  • freedom of press
  • religious/racial tolerance
  • right to peaceful existence
  • security of the nation
63
Q

What happened in the 2012 Abu Qatada case?

A

2012 ECHR judgement prevent the radical Islamist’s deportation (to Jordan when he riske dbeing tortured)

64
Q

What happened in the Belmarsh case in 2004?

A

Law Lords ruled 8-1 against the gov’s indefinite detention of terrorist suspects

65
Q

What happened in the 2013 Poundland case?

A

Cait Reilly won that it was unlawful to force her to work for free

66
Q

What happened in the Segregation in Schools ruling in 2017?

A

Birmingham co-ed faith school caused unlawful discrimination by departing boys and girls

breach the Equality Act

UK Politics (5 decks)

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