1.4 rights in context

Question 1

beginnings of Democracy Magna Carter 1215

Answer 1

Impartial law, no free man convicted without fair trial.
(King John and the barons)

Question 2

Bill of Rights 1969

Answer 2

right to govern with consent of parliament (constitutional monarchy essentially)

Question 3

Representation of the People Act 1928

Answer 3

universal suffrage

Question 4

Freedom of Information 2000

+ Example

Answer 4

‘right to access’ information held by authorities if it doesn’t compromise national security

- 2009 MPs expenses scandal a result of a freedom of information claim

Question 5

Equality Act 2010

Answer 5

consolidates existing legislation, but makes discrimination on the grounds of age, disability, religion, sexuality, gender reasignment, race, pregnancy, or marriage ILLEGAL.

Question 6

Somerset vs Stewart 1772

Answer 6

elimination of slavery

Question 7

Entick v. Carrington 1765

Answer 7

Government can only act according to the law

Question 8

differnce between rights

Answer 8

individual rights everyone can claim, right to privacy
Collective rights society can claim, right of protection against violence.

Question 9

balance between individual and collective rights

how can the government restrict freedom of the individual within the law

Answer 9

if the government deems a social responsibility breach dangerous to society, it can resitrct freedoms of the individual

Question 10

- anti-terrorism crime and security act 2001

Answer 10

legalise imprisonmetn of foreign terrorists indefinitely without trial

Question 11

Serious organised crime and police act 2005

Answer 11

limited right to protest outside parliament

Question 12

Terrorism Act 2006

Answer 12

Made ‘glorifying terrorism’ a crime.

Question 13

the balance between individual and collective rights

2004 judges in he ECHR ruled..

Answer 13

the way foreign terrorists were being held was ‘discriminatory’
Blair was forced to release Belmarsh prison detainees.

Question 14

Does the UK effectively protect civil rights?

Answer 14

• the HRA is not higher law: it can be repealed just like any other law
• parliament is still sovereign even if it breaches the ECHR (Blair quickly introduced legislation that would keep belmarsh detainees under close surveilllance)
• judges have less power than in liberal democracies - accountability in parliament very important