1.4 Rights Flashcards
What are the 3 features of rights?
universal- applied to everyone equally
absolute-cannot be compromised or diminished
fundamental-essential to life
Until 1998, how were rights characterized?
negatively- a person could do anything, unless explicitly said against in law. Many rights were rooted in common law, giving it limited legal authority and could easily be superseded by statute law.
What are the main acts in the development of rights?
1215- Magna Carta
1689- Bill of rights
1953- ECHR
1998- HRA
2000- freedom of info act
2010-equality act
What is the 2010 equality act?
simplifies and codifies 116 Parliament Acts relating to equality including gender, race, sexuality and disabilities. It forms the basis of anti-discriminatory law in the UK
What is the HRA 1998?
Incorporated the ECHR into UK law and could therefore be judged in UK courts
Arguments that the HRA effectively protects civil liberties
-rights now clearly enshrined in statute law
-legislation has to comply with HRA
-citizens can access rights protection through UK-based courts
Arguments that the HRA does not protect rights
-the act is not entrenched and so could be replaced by Conservative’s British Bill of Rights
-The Act cannot overturn primary legislation
-The Act can be ‘set aside’ as done after 9/11
What are civic responsibilites?
Things citizens are expected to do in return for rights. They include:
-respect/obey the law
-pay taxes
-vote
-serve in a jury
-ensure you don’t cause harm to others
Why has there been a growing number of conflicts between the government and the judiciary over rights?
-HRA given judges more power to challenge government ministers
-HRA made it easier for ordinary people to challenge the gov
-Perceptions that the gov is trying to expand their power at the expense of civil rights
What are the main things the government and judiciary argue over under rights?
-terrorism
-deportation
-detention
-free speech
-anti-social behaviour
Why is the judiciary best placed to defend the rights of citizens?
-they ensure the rule of law and can use the HRA
-Enhanced measures for judicial independence mean the courts can judge effectively without political pressure from other branches
-judges are neutral and so can protect a person’s rights without discrimination
-judges have expertise in the law and are better trained than politicians
Why is the judiciary badly placed to protect rights?
-judges are undemocratic and unaccountable
-senior judges advise parliament on policy, creating legislation, and so are less likely to be neutral
-cannot strike down primary legislation due to a lack of a codified constitution. This means judges are powerless over these laws even if they breach human rights
-judges are unrepresentative and from a narrow social background, meaning they are unaware of the challenges people face
Strengths that make parliament best placed to defend rights?
-Parliament holds sovereignty, so it can determine what rights we have and whether they should be enforced
-Parliament is reflective of society and so can better understand the values of individuals
-Parliament passed human rights legislation and so they have a record of promoting rights
-MPs can raise rights issues with ministers where they feel like it has been violated
-Democratically elected and therefore more accountable
Weaknesses that mean parliament is not strong enough to uphold human rights?
-short term political considerations may be more important than upholding rights
-they have the ability to suspend the HRA
-Parliament is dominated by the leading party leading to tyranny of the majority and very few effective checks on the government
-HOL undermines democratic arguments
-MPs may be reluctant to champion rights if it benefits an unpopular element like criminals
Key pressure groups involved in defending rights?
-liberty
-amnesty international
-Centre on housing rights and evictions
-equality now
-witness
