Bill of Rights Flashcards
What is a bill of rights (bofr)?
A written constitution to protect individual liberty from public authorities and each other.
Which countries have written constitutions that include a bill of rights?
Countries like the USA and most European countries.
Where are human rights for UK citizens found?
In the European Convention on Human Rights, incorporated into UK law through the Human Rights Act 1998.
What do some people argue regarding the Human Rights Act?
They argue that rights would be better protected if it was repealed and replaced with a bill of rights.
What is one advantage of having a bill of rights?
It would make laws difficult to change as it would require a referendum.
What is a limitation of a bill of rights?
Its effectiveness depends on the government enforcing it.
What challenges would arise in creating a bill of rights?
It would take time for different parties and assemblies to agree on what should be included.
What do proponents of a bill of rights believe it could do?
Modernize laws and add new rights such as economic and social rights.
What did a MORI poll reveal about public opinion on a bill of rights?
The public said they did not care about having a bill of rights.
What is the European Convention considered to be?
A living instrument that allows for the addition of rights via protocols.
What issue is highlighted by the 2nd amendment in the USA in relation to a bill of rights?
It shows that having a bill of rights may not necessarily lead to better laws.
What legislation has raised concerns about human rights in the UK?
The Criminal Justice Act 2003 s44, which allows trial without a jury.
What fundamental right does trial without a jury violate?
The right to be tried by one’s peers.
Who argued that a bill of rights would give greater protection to British citizens?
David Cameron.
What do the Conservatives want concerning non-British criminals?
They want to be able to deport them.
What case illustrates a breach of Article 8 concerning deportation?
The Chindamo case.
Why was the Chindamo case considered a breach of rights?
He had lived in the UK since 6 years old and could not speak Italian.
What concern arises from deporting criminals under a bill of rights?
It may mean criminals may face torture upon deportation.
What is the fundamental principle of human rights?
They apply to everyone, regardless of who they are.
What do critics argue about the potential for a bill of rights in terms of public safety?
That it may mean fewer taxpayers’ money spent on criminals.
How would a bill of rights change the role of the judiciary?
Judges could strike out offending laws instead of issuing declarations of incompatibility.
What case illustrates the limitations judges face without a bill of rights?
The Belmarsh case involving non-British nationals held without trial.
What is one complication of giving judges the power to strike down laws?
Judiciary could be seen as exceeding its power over democratically elected laws.
What conclusion is drawn about the bill of rights compared to the Human Rights Act?
A bill of rights does not offer significant additional benefits.
