Bill Of Rights Ao3 Flashcards

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1
Q

Bill of rights advantages (6)

A
  • Entrenched-HRA isn’t, so risk of being repealed by any parliament
  • make government more accountable for their actions
  • Reduced power of executive-courts can refuse to apply law incompatible with bill of rights (counter point: increased judiciary power tho)
  • New rights introduced, HRA did not do so
  • Prevents gov making unfair law e.g new policing act doesn’t allow protests with noise
  • bill of rights can be tailored to the needs of the UK
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2
Q

Bill of rights disadvantages (6)

A

Not needed-HRA is adequate. Pointless, name changing, would have to be based on HRA anyway, wants to nationalise and move away from ECHR, but HRA made by mostly British lawyers

Inflexible-hard to change, vulnerable to poor drafts. Loose drafting style=uncertainty

Weak-only as effective as gov that underpins it

Increased judiciary power-power removed from parliament-allows judges to strike down legislation. however
could be clearer separation of powers

Difficult to draft-what to include

Do nothing to combat social inequality and disadvantage

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3
Q

1

A

Human right act 1998 is just a piece of ordinary legislation which can be repealed at any time

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