1.4b The UK's Rights Based Culture

Question 1

Expand Upon Our Rights-based culture

Answer 1

All laws passed must comply with the Human Rights Act, which has led to some arguing that the UK has a ‘rights-based culture’.

Judges can use the Human Rights Act to declare existing laws unfit, which promotes human rights in UK society and lawmaking.

Question 2

Discuss the difference between Individual v Collective rights

Answer 2

The Human Rights Act protects individuals rather than UK citizenship collectively.

Protecting individual rights is seen as a good thing because it enables a free and fair society, and protects individuals who may face oppression.

But, if individual rights are protected at the expense of collective rights, there can be restrictions on actions that can be taken to protect the public.

Question 3

Examples of rights conflicts

Answer 3

For example, some criminals in the UK have not been extradited (handed over to law enforcement where the crimes were committed) because of the Human Rights Act.

Some may consider this a threat to the collective rights of liberty and security.

After 9/11, the government wished to detain terror suspects without trial, but this was ruled against by the Law Lords, because it was seen as discrimination.