1.4 Rights In Context Flashcards

1
Q

What are the 5 principles government need to pursue?

A

Freedom + Rights
Tolerance
Law + Order
Equality
Justice

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2
Q

What are civil rights?

A

Liberties the state grants to those who are its citizens

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3
Q

What is the oldest official declaration of rights?

A

The Magna Carta

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4
Q

When was the Magna Carta released?

A

1215

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5
Q

What did the Magna Carta establish?

A

Established the right to trial by jury and unlawful seizure of property

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6
Q

What is a 20th Century declaration of rights?

A

The European Convention on Human Rights 1950

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7
Q

Who enforces the European Convention of Human Rights 1950?

A

Council of Europe

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8
Q

Which years was the Human Rights Act passed?

A

1998

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9
Q

Which year was the Equality Act passed?

A

2010

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10
Q

What did the Equality Act 2010 set out?

A

Brought the Equal Pay Act, Sex Discrimination Act and the Race Relations Act.

Added protections for: age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion / belief, sex and sexual orientation.

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11
Q

What is Labour’s famous slogan on crime?

A

‘Tough on crime, tough on the causes of crime’

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12
Q

What powers do judges have in relation to act of Parliament that are deemed to be incompatible with the Human Rights Act?

A

If the court finds that an Act of Parliament or Parliament itself is in breach of the Human Rights Act, the government will then act upon it and fix it. It is the government’s job to uphold the rule of law.

However, in theory, the government could ignore the courts because of Parliamentary Sovereignty.

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13
Q

What are 3 examples where human rights cases have been successful?

A
  • Abu Qatada Deportation
  • Extradition of Abu Hamza
  • Max Mosley awarded substantial damages when the News of the World published a story about his sex life
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14
Q

What is judicial review?

A

This is where any citizen can take either the government or any public body to court if they believe it has acted beyond its powers.

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15
Q

Why do some on the right oppose the Human Rights Act?

A

Some argue that is shows favour to undeserving individuals, rather than protecting the freedoms of UK citizens.

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16
Q

Why did some MP’s object to the Campaign for Freedom of Information?

A

Details of MP’s expenses claims are technically available under the FoI.

17
Q

What are control orders?

A

The government were unable to detain terror suspects indefinitely on the grounds that a national emergency warranted it.

In response, they introduced electronic tagging, requirement to report to police, removal of mobile phones and internet access.

18
Q

What is the ‘Snoopers’ Charter?

A

The ‘Investigatory Powers Act’ allows state authorities to collect information about everything we do.

19
Q

Why are government unlikely to support pressure groups on behalf of individuals like terror suspects?

A

They are a minority, that the majority has minimal / no sympathy for.

20
Q

What is the Crime and Courts act?

A

An Act that specifies the police can break up a protest if it is deemed to be “unacceptable”

21
Q

Why do the current Tory government want to leave the ECHR?

A

People can use the ECHR to evade deportation, trial etc.

22
Q

Why are trade unions unpopular with many Conservatives?

A
  • They have a wider, left-wing, socialist agenda. (e.g. RMT and the railway union).
  • Their pay demands are too high for employers to meet as this would mean businesses going out of business.
  • Margaret Thatcher hated trade unions and passed laws to restrict their power.
23
Q

Why did Madonna object to the ‘right to roam’?

A

Madonna argued it went against her right to privacy.

24
Q

Why has it become more difficult for the ‘Snooper’s Charter’ to be used?

A

The increased usage of encryption.

Apple declining to co-operate with investigation in America.

25
Q

Define Rights

A

Those things that one is morally or legally entitled to do or have

26
Q

Define Human Rights

A

Universal rights people are entitled to by belonging to the human race

27
Q

Define Collective rights

A

A group shares a particular characteristic such as workers’ rights, gay rights or religious rights

28
Q

Define Civic Duty

A

These are expectations on citizens to take responsibility to support society or the state in some way. They are seen as a moral responsibility

29
Q

Define Common Law

A

Law that is based on long-standing customs and traditions developed over time by the courts and judges through cases (judicial precedence)

30
Q

Define the European Convention on Human Rights (ECHR)

A

Protects the human rights of people in countries that belong to the Council of Europe

31
Q

Give examples of human rights

A
  • Life
  • Freedom from torture
  • Practice religion
  • Freedom from slavery
  • Free expression
  • Education
32
Q

Giver examples of civil rights (liberties)

A
  • Right to vote
  • Free speech
  • Fair trial
33
Q

How are rights protected in the UK?

A
  • Common Law: rules established through customs
  • Statutes (Acts Of Parliament)
  • Supreme Court
  • Judicial Review: a review of ministers and officials’ decisions to ensure they are lawful
  • ECHR
34
Q

Outline some recent development of rights in the UK

A
  • Human rights Act 1998
  • Freedom of Information Act 2000
  • Equality Act 2010
35
Q

Key rights incorporated in the HRA 1998

A
  • Right to life
  • Right to a fair trial
  • Freedom of expression
36
Q

Why has there been rights conflicts between the government and judiciary since 1977?

A
  • HRA has given judges more power to challenge govt ministers
  • HRA has made it easier for ordinary people to use the judicial system to challenge government measures
  • Increased threat of terrorism has led governments to take actions on the basis of national security which conflict
37
Q

What responsibilities do citizens have in the UK?

A
  • Vote
  • Pay taxes
  • Jury service
38
Q

What tensions are there between rights and responsibilities?

A
  • Liberty v national security
  • Pacifism v conscription
  • Free speech v defamation of character