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Politics > 1.4 - Rights in Context > Flashcards

1.4 - Rights in Context Flashcards

1
Q

What are the key rights protections in the UK?

A

1953 - European Convention on Human Richts
1998 - Human Rights Act
2000 - freedom of information
2006 - Terrorism Act
2009 - Supreme Court opens as highest court
2016 - Investigatory Powers Act

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2
Q

What is an example of rights being implemented for the ‘collective right’?

A

2016 - Two uber drivers sued uber claiming they were employees and not self employed. They were represented by the GMB union speaking on behalf of 40,000. They won their case and the right to have holiday pay and minimum wage

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3
Q

What is an example of conflicting rights?

A

2008 Christian couple with a B&B refused to let an unmarried gay couple stay in their air b&b as they did not let anyone unmarried share a room. The case ended up in the supreme court and ruled against the B&B

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4
Q

What are Civil Liberties?

A

The rights and freedoms enjoyed by citizens that protect them from unfair and arbitrary treatment by the state and the government.

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5
Q

What are 3 examples of civil liberties?

A
  • freedom of speech
  • freedom of press
  • freedom of religious services
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6
Q

What are civil rights?

A

Those rights and freedom that are protected by the Government, meaning the state must take active role in ensuring people are protected and allowed to carry out these rights freely and equally

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7
Q

What are some examples of civil rights?

A
  • right to life
  • right to vote
  • right to education
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8
Q

What are human rights and their characteristics?

A
  • absolute – they cannot be compromised or diminished in anyway
  • universal - they apply to everyone
  • fundamental - meaning they are an essential part of life and cannot be removed for any reason
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9
Q

What are posative rights?

A

Clearly given to a citizen usually in the form of a constitutional protection (an act or bill of rights)

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10
Q

What are negative rights?

A

Not explicitly set out and only exist because of an absence of any law banning

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11
Q

Which form of rights protection in the UK is led by the judiciary?

A

Common Law

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12
Q

Which of the protections of rights have been led by parliament?

A
  • Human Rights Act
  • Freedom of Information Act
  • Equality Act
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13
Q

What was the reason why Eqaykities Act is seen to make a major contribution to thr protection of tights in the UK?

A

Required all legislation and all decision making by government at any level, must take into account different sections of society

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14
Q

What powers have the UK courts been granted by the passing of the Human Rights Act (1998) and how do they indicate when they judge that a breach has taken place?

A

The act gave the UK courts the power to overturn deductions by UK public authorities, but not to overrule legislation passed by parliament (due to their sovereignty). They could then have the power to declare such legislation to be incompatible with the convention

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15
Q

What happens in a UK citizen fails to get a remedy before the UK courts? How does the Act change the relationship between a UK claimant and the UK courts?

A

They take a case to the European Council of Human Rights in Strasbourg

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16
Q

Give an example of when Human rights Acts have come into use?

A

in 2023 the government passed legislation to de gain and remove those arriving in the UK illegally either to Rwanda or another “safe” third country. The Rwanda Act was then declared unlawful by the supreme court later that year

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17
Q

What is an example of when there was a pressure group interference to do with rights?

A

Liberty (limiting government power and protecting citizens rights) and Unlock Democracy emocacy ( constitutional reform)

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18
Q

Define Individual Rights

A

those in which the rights holder is an individual regardless of any person characteristics

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19
Q

Define Collective Rights

A

Those in which the ‘owner’ of a right could be seen as a group

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20
Q

Which legislation protects Free speech in the Uk?

A

Article 10 of the Human Rights Act

21
Q

define common law

A

transitional concepts of how disputes should be settled and what rights individuals have

22
Q

When was the Human Rights Act introduced?

A

1998

23
Q

When was the Human Rights Act introduced?

A

1998

24
Q

When was the Freedom of Indormation Act

A

2000

25
Q

When was the equality act?

A

2010

26
Q

Which legislation protects Free speech in the UK?

A

Article 10 of the Human Rights Act

27
Q

What type of organisation is the Free Speech Union and what is its central aim?

A

Outsider Pressure group (cause group)
They protect the rights of individuals to express themselves freely

28
Q

What role did the Free Speech Union play in the Miller v College of Policing case?

A

FSU supported Miller and pledged to pay his costs

29
Q

What is a case study that questions the Right to Protest?

A

The Big Brother Watch - to reclaim the pricary and defend freedom

30
Q

What methods were used in the ‘Big brother watch’

A
  • urges to sign petitions
  • Contact MP’s to register opposition agaunst legislation ‘infringing civil liberties’
  • stifling legitimate protest
  • researching on investigation and submits to parliamnet
31
Q

Why was the right to protest contested in the ‘Big Brother Watch’?

A

The right to protest shoild not be seen as an absolute right but one that should be subject to descriptions.

Disproportionate impact on public order of a small number of potestors and associated finantial costs of police and legal proceedings should be legistrated against.

32
Q

What are the arguments for a British Bill of Rights?

A
  • a british bill of rights could exist as a higher from of law by entrenching righst and acting as a firmer check on the UK government then the present situation
  • it would mean UK courts wiuld be the final point of appeal on rights rather tan the ECtHR in strasborug. So posative impact on the UK sovereignty
  • Could be used to enhance the ECHR and include wider social and economic rights
  • Government see it as a means to improve UK security on issues such as terrorismm and national sectority and would protect free seach over a right to privacy
33
Q

What are the arguments against the British Bill of Rights

A
  • seen as means of weakening the HRA as it would no longer be linked entirely to the European Convention on Human Rights
  • Without leaving the ECHR it would mean there would be 2 rights charters in operation in the UK which could leave o confusion
  • Seen by some to give judges too much power. Current situation is seen as better as limited to issuing declerations of incompatibility
  • creats poor image of the UK. UK would be seen as less commited to international standards on rights that other similar countries have signed up to
34
Q

What is the mechanism that enables courts to protect human rights and civil liberties?

A

Jedicial Reveiw

35
Q

Why is Judical Reveiw seen as improtant in building citizens confience in the security of their rights?

A

It protects the rights of the indivifuals against the power of the state

36
Q

What is an example of judicial reveiw being used to successfully protect human rights and civil liberties?

A

Othman (abu Qatada) v UK (2012)
- Challenged the government because took 20 years to obtain a fair trial because of evidance obtained with tortunre (not his fualt)

Belmarsh

37
Q

Why was the role of the courts contriversioal when it comes to rights protection?

A
  • Individual in the way they rotect rights
  • Jury may not be repentative
  • unelected
  • value ECHR UK law
38
Q

When has Judicial Reveiw’s power been challenged and how?

A

31/7/2020 - conservative government established an independant panel to reveiw the judicary system wherther it needed a reveiw and if there was a right balance between

39
Q

What evidance is there that a ‘righst based culture’ s now firmly established in the UK?

A
  • resistance to pressure grouos
  • equality in human rights commission
  • imcrease use in judicial reveiw
40
Q

Why might it be argued that in fact thre is not a strog ‘rights based cutlure’ in the UK?

A
  • Appears as more of a lip service than a commitment to rights
  • both main parties and public bodies having patchy records of upholding rights
  • the public order act of 2023 - restricts the right to protest
  • police crime and sentencing act – can only say not align and get rid of (not introduce)
41
Q

What are the strengths of judicary reveiw?

A
  • judges expercise the rule of law and can use the human rights act and their power of judicial reveiw to ensue that rights are fully respected
  • enhanced mesaused for judicial independance means the judiciary is independant of the other two branches of the politcalsystem and can defend rights based only upon the law without political pressure
  • judges are nuteral and can therefore protect a persons rights without discriminationor consideration of their belifs, character or other traits, amking them more effecttive at upholding rights
42
Q

What are the weaknesses of judicial reveiw?

A
  • judges are undemocratic and unaccountable so may abuse their position. They have no incentive to promote contriversual cases
  • while independant, senior judges work with parliament to advise on the legality of legislation. this means judges have played a role in the creation of legislation and are less likley to approach issues over human rights with true independance and neutrality
  • judges are unrepresentative and from a narrow social background making them less aware of the issue facing most people. this leads to a beleif that judges naturally favour conservativ, priviledged groups over other indviduals
43
Q

What a re the factors to say that parliament is best placed to defend the rights of citizens

A
  • parliament holds soverignty and therefore, can determine what rights are in the UK and whether or not they should be enforced
  • parliament is more representative of the people and so is better able to reflect the values of society and to understand different individuals
  • parliament indtroduced and passed all the Acts relating to human rights, so it has a history of being the insitutuion that has promoted and defended human rights in the UK
  • Members of parliament represent their constituencits and are in a position to raise the issue of citizens righst with government ministers where they feel that those rights have been violated
  • parliament is democratically elected and is so more accountable to the people for its defence of human rights
44
Q

What are the factors to say that parliamnet is NOT best placed to defend the rights of citizens

A
  • short-term political considerations may be judged to be more important than defending human rights
  • parliament has the ability to suspend the Human Rights Act to acheive its goals
  • Parliament is dominated by the governing party, leading to a tyranny of the majority and leaving very few effective checks on government actions that contradicr or restrict human rights
  • the role of the House of Lords undermines the democratic arguments for parliament
  • MPs may be reluctant to champion the cause of human rights if it benefits an unpopular element such as terror suspects or criminals
45
Q

What is an example of when pressure groups played a role in protecting rights?

A

Liberty
- 2020 - legal actions to pressurise Christ Church and Poole Council into removing parts of the public spaces protection’ order that was agaisnt the homeless and beggars under the human rights act
- 2015 - launched ‘save the human rights act’ campaign to publisise agaisnt conservatives manifesto to replace human rights act w/ a bill of rights (successful as still in place)

Howard Penal Reform
- 2014 - took up campaign agaisnt restrictions [;aced on prisoners receiving book from friends and family. Backed by leading authors such as carol anne duffy – the high court ruled as unlawful
- 2015 - #criminalcharge – examples of unfair cases - a woman was starved and stole a choclate bar and was charged £300 – it was later dropped

46
Q

What factors helped liberty succeed?

A
  • non profit - operates like a Think Tank
  • Well established with large membership
  • legal expertise empolyed
  • leader (shami Chakabarti) raised public profile as a Labour peer
47
Q

What factors helped Howard Penal reform succeed?

A
  • backed by famous people - gaining media attention
  • £2 million income - finantial resources
48
Q

What is an example of when a pressure group was unable to encourage change?

A

Liberty
- dispitte online petitions and campaigns agaisnt lockdown restrictions in 2020 and 2021
- 2019 - the court of appeal rejecred an application hat a legal case wouldve prevented no-deal brexit

Politics (4 decks)

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