5.4 Human rights in the UK

Question 1

Define Bill of Rights

Answer 1

Document that sets out civil rights for its citizens

Question 2

Define Constitution

Answer 2

sets out fundamental principles by which the state is governed

Question 3

In what way does the UK represent it’s citizens humans rights prior to the Human Rights Act 1998

Answer 3

They have a Bill of Rights, but it wasn’t a full Bill of Rights.

Question 4

Due to UK not having a constitution or a full Bill of Rights, where were other freedoms found

Answer 4

Statute Law
Common Law
EU Law

Question 5

Statute law:

How can statute law form freedoms for its citizens?

Answer 5

It naturally creates freedoms as parliament passes law

Question 6

Statute law:

Example of statute law and how it creates rights and freedoms

Answer 6

Magna carta 1215 - Guaranteed a right to appeal against unlawful imprisonment through a document called writ of habeas corpus

Question 7

Statute law:

Why was the passing of the Magna Carta significant?

Answer 7

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.

Question 8

Common law:

What is common law

Answer 8

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

Question 9

Common Law:

Define Ratified

Answer 9

give formal consent to, making it officially valid

Question 10

Example of Common Law in human rights

Answer 10

Bushell’s Case (1670)

Question 11

Common law:

Facts of Bushell’s case (1670)

Answer 11

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.

Question 12

EU law:

what are some ways the UK has benefitted from its close association with european countries in terms of human rights laws

Answer 12

• Adopted many freedoms, such as in employment law.
• European Convention on human rights fully incorporated into domestic law by the Human Rights Act 1998

Question 13

EU law:

Example of employment law that has been adopted into UK law

Answer 13

Directives under Article 141 of Treaty of Rome banned discrimination on the basis of gender, sexual orientation, age and race

Question 14

After the enactment of the Human Rights Act 1998:

What was the main purpose of the Human RIghts Act 1998

Answer 14

To give further effect to rights and freedoms gueranteed under the European Convention on Human Rights

Question 15

After the enactment of the Human Rights Act 1998:

What articles of the original Convention were incorporated into the Act?

Answer 15

Articles 1 and 3 of first protocol

Articles 2 - 12 and 14

Question 16

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

Answer 16

Its unlawful for them to act in a way that is incompatible with what is in the Articles in the Convention

Question 17

After the enactment of the Human Rights Act 1998:

What does the term public authority cover

Answer 17

Organisations and those in public sectors, like the police

• not government figures

Question 18

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

Answer 18

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.’

Question 19

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?

Answer 19

Any judgement, decision, declaration or advisory opinion of the European Court of Human Rights.

• even if there’s conflicting interest by UK court

Question 20

After the enactment of the Human Rights Act (1998)

Section 19, what is meant by ‘statement compatibility’

Answer 20

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

Question 21

After the enactment of the Human Rights Act (1998)

Section 19, if a minister makes a declaration of incompatibility, can the Bill still proceed?

Answer 21

Yes

Question 22

After the enactment of the Human Rights Act (1998)

What does section 3 state about primary and subordinate legislation.

Answer 22

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

Question 23

After the enactment of the Human Rights Act (1998)

What is primary legislation

Answer 23

acts passed by parliament

Question 24

After the enactment of the Human Rights Act (1998)

What is subordinate legislation

Answer 24

law which is enacted under delegated powers

Question 25

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.

Answer 25

R v DPP ex parte Kebiline (1999)

Question 26

After the enactment of the Human Rights Act (1998)

facts of R v DPP ex parte Kebiline 1999

Answer 26

The 3 D were arrested in 1997 by officers of the anti-terrorist squad under section 16A of the Prevention of Terrorism act.

Question 27

After the enactment of the Human Rights Act (1998)

Held in R DPP ex parte Kelibene

Answer 27

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.

Question 28

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

Answer 28

Make a declaration of incompatibility

Question 29

After the enactment of the Human Rights Act (1998)

how would the courts deal with incompatability.

Answer 29

statutory instrument can be used to amend the act in question to comply with the convention

Question 30

After the enactment of the Human Rights Act (1998)

What are some critisms on the Human Rights Act 1998?

Answer 30

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.