5.7 Reform of the protection of human rights in the UK Flashcards

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1
Q

Is there a need for reform of the Human RIghts Act 1998?

How must laws and rights change with society?

A

Fundamental tenet of rights remain the same whether society attitudes changes or not, however laws that support these tenest must change if neccessary

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2
Q

Is there a need for reform of the Human RIghts Act 1998?

What are the main criticisms of the Human RIghts Act

A

Act is seen as not ‘British, as it introduced ‘foreign’ rules which have removed Parliament sovereignty

Misunderstood by the public and misinterpreted by the media

When courts apply or interpret these rules, the Act is seen as enforcing ‘foreign’ rules

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3
Q

Proposal for reform of the Human RIghts Act 1998:

What is a 2006 example of a reform proposal

A

Department of Constitutional affairs review of the implementation of the Human RIghts Act

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4
Q

Proposal for reform of the Human RIghts Act 1998:

Purpose for the department of constitutional affairs review of the implementation of the human rights act

A

Review stated that HRA 98 had been widely misunderstood by the public and had been misused in a number of situations

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5
Q

Proposal for reform of the Human RIghts Act 1998:

What is a 2010 example of reform proposal

A

General election manifesto promises

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6
Q

Proposal for reform of the Human RIghts Act 1998:

Purpose for reform proposal in general election manifesto promises (2010)

A

Conservatives were to replace the HRA 98 with a Bill of RIghts, while Labour and Liberal Democrats were commited to protecting the Act

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7
Q

Proposal for reform of the Human RIghts Act 1998:

What is a 2012 example of reform proposal

A

The commission on the Bill of Rights published it’s report

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8
Q

Proposal for reform of the Human RIghts Act 1998:

What was the purpose of the report published by the Commission on a Bill of Rights (2012)

A

The Commission could not agree on a common position so each member published individual findings under one report

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9
Q

Bill of rights:

What was the purpose of the Bill of Rights

A

To replace the Human Rights Act 1998 as a solution ot criticisms of the act

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10
Q

Bill of rights:

What would happen if the goverment passed the Bill of Rights

A

It could be changed independatly by the government without being challenged by EU countries like the act

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11
Q

Bill of Rights:

What is an advantage of passing a Bill of Rights for the UK goverment

A

Decisions on the ECHR by other EU countries would not be directly applicable or enforceable upon the UK

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12
Q

Bill of RIghts:

WHen was the proposal scrapped?

A

2017, before the general election.

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