5.4 Human rights in the UK Flashcards
Define Bill of Rights
Document that sets out civil rights for its citizens
Define Constitution
sets out fundamental principles by which the state is governed
In what way does the UK represent it’s citizens humans rights prior to the Human Rights Act 1998
They have a Bill of Rights, but it wasn’t a full Bill of Rights.
Due to UK not having a constitution or a full Bill of Rights, where were other freedoms found
Statute Law
Common Law
EU Law
Statute law:
How can statute law form freedoms for its citizens?
It naturally creates freedoms as parliament passes law
Statute law:
Example of statute law and how it creates rights and freedoms
Magna carta 1215 - Guaranteed a right to appeal against unlawful imprisonment through a document called writ of habeas corpus
Statute law:
Why was the passing of the Magna Carta significant?
First document that put into writting the principle that the king and the government were not above the law, and that everyone is subject to the law.
Common law:
What is common law
Laws that have been soread through customs and have been adopted and developed as a norm around the UK. Ratified by judges in legal cases
Common Law:
Define Ratified
give formal consent to, making it officially valid
Example of Common Law in human rights
Bushell’s Case (1670)
Common law:
Facts of Bushell’s case (1670)
judge ordered a jury to be detained in a room without food until they came to a decision the judge wanted. The case decided it went against the principle of a fair trial.
EU law:
what are some ways the UK has benefitted from its close association with european countries in terms of human rights laws
- Adopted many freedoms, such as in employment law.
- European Convention on human rights fully incorporated into domestic law by the Human Rights Act 1998
EU law:
Example of employment law that has been adopted into UK law
Directives under Article 141 of Treaty of Rome banned discrimination on the basis of gender, sexual orientation, age and race
After the enactment of the Human Rights Act 1998:
What was the main purpose of the Human RIghts Act 1998
To give further effect to rights and freedoms gueranteed under the European Convention on Human Rights
After the enactment of the Human Rights Act 1998:
What articles of the original Convention were incorporated into the Act?
Articles 1 and 3 of first protocol
Articles 2 - 12 and 14
After the enactment of the Human Rights Act 1998:
WHat does section 6 state about the role of public authority in accourdance to the Human RIghts Act 1998
Its unlawful for them to act in a way that is incompatible with what is in the Articles in the Convention
After the enactment of the Human Rights Act 1998:
What does the term public authority cover
Organisations and those in public sectors, like the police
- not government figures
After the enactment of the Human Rights Act 1998:
How does section 7 outline what a person can do in order to bring a claim against a public authority
a) bring proceedings against the authority under this act in appropriate court or tribunal
(b) rely on the Convention right or rights concerned in any legal proceedings.’
After the enactment of the Human Rights Act 1998:
When a court or tribunal is determening a question that has risen in connection with a convention right, what must it take into account?
Any judgement, decision, declaration or advisory opinion of the European Court of Human Rights.
- even if there’s conflicting interest by UK court
After the enactment of the Human Rights Act (1998)
Section 19, what is meant by ‘statement compatibility’
Before Second Reading of a Bill, Minister of the Crown in charge of the Bill must make a statement about his views on how the Bill is compatible with Convention Rights
After the enactment of the Human Rights Act (1998)
Section 19, if a minister makes a declaration of incompatibility, can the Bill still proceed?
Yes
After the enactment of the Human Rights Act (1998)
What does section 3 state about primary and subordinate legislation.
so far as is possible to do so, they must be read and given effect in a way which is compatible with the convention right
After the enactment of the Human Rights Act (1998)
What is primary legislation
acts passed by parliament
After the enactment of the Human Rights Act (1998)
What is subordinate legislation
law which is enacted under delegated powers
After the enactment of the Human Rights Act (1998)
Case that shows english courts giving precedence to the Convention even before 1998 act was passed.
R v DPP ex parte Kebiline (1999)
After the enactment of the Human Rights Act (1998)
facts of R v DPP ex parte Kebiline 1999
The 3 D were arrested in 1997 by officers of the anti-terrorist squad under section 16A of the Prevention of Terrorism act.
After the enactment of the Human Rights Act (1998)
Held in R DPP ex parte Kelibene
trial judge stated that s16A of the Prevention of Terrorism act was conflciting with Article 6 of the European Convention on Human Rights.
- House of lord also agreed with the trial judge.
After the enactment of the Human Rights Act (1998)
Section 10, what would court have to do if they are satisfied that there is incompatability of a Convention right
Make a declaration of incompatibility
After the enactment of the Human Rights Act (1998)
how would the courts deal with incompatability.
statutory instrument can be used to amend the act in question to comply with the convention
After the enactment of the Human Rights Act (1998)
What are some critisms on the Human Rights Act 1998?
Act removes sovereignty of the Supreme court to the European Court of Human RIghts, this allows non UK judges to decide domestic UK law
If found incompatible, the UK government is not forced to amend these laws to make them compatible with the Convention
The Act relies on individuals to bring an action of incompatibility. There’s no committee which monitors an Act’s adherence to the Convention.
