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Politics: Component 1: Part 1 UK Politics > Chapter 1.4 Rights in context > Flashcards

Chapter 1.4 Rights in context Flashcards

1
Q

Why is it that we have rights?

A

Citizens of a democracy enter into a contract with the state which guarantees them certain rights in return for legal obligations

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2
Q

What are some of the legal obligations in the UK?

A

Obeying the law, paying taxes and performing jury service

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3
Q

What are some of the moral responsibilities of living in the UK?

A

Voting in elections and taking part in looking after the environment

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4
Q

What does ‘active citizenship’ include?

A

Offering voluntary service to help the community

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5
Q

What are rights?

A

Legally-protected freedoms, also known as civil liberties

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6
Q

What are rights guaranteed by in the UK?

A

1998 Human Rights Act

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7
Q

What are some of the rights that the 1998 Human Rights Act guarantee?

A

Freedom of expression in speech and writing

Freedom of movement

The right to a fair trial

Vote

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8
Q

What are some social rights?

A

The right to education, employment, healthcare, etc. This remains debatable.

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9
Q

Which document is considered the oldest statement of rights in the UK?

A

The Magna Carta (Great Charter)

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10
Q

What is the 1215 Magna Carta?

A

A royal charter of rights agreed to by King John under the pressure of nobles who disapproved of his tyrannical rule.

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11
Q

What was the original purpose of the Magna Carta?

A

To limit the power of the monarchy

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12
Q

What are some of the rights that was promised by the Magna Carta?

A

The rights of all free citizens to own and inherit property

The right of the church to be free from governmental interference

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13
Q

What is the Magna Carta most known for establishing?

A

The right to trial by jury and to habeas corpus

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14
Q

What is habeas corpus?

A

It is a court order to produce a person before a court so that it can be determined whether they have been lawfully detained

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15
Q

What is the European Convention on Human Rights (!950)?

A

It is a treaty to protect the rule of law and promote democracy in European countries

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16
Q

Why was the European Convention on Human Rights developed?

A

It was developed to ensure governments would never again be allowed to abuse people’s rights with impunity after WW2.

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17
Q

What did the creation of the European Court of Human Rights lead to?

A

It led to the establishment of the European Court of Human Rights in Strasbourg

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18
Q

What was the purpose of the European Court of Human Rights?

A

To hear cases where people felt like their human rights had been infringed in their own countries.

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19
Q

How did the European Court of Human Rights both benefit and disadvantage UK citizens?

A

UK citizens were allowed to appeal to the court, but it was time-consuming and expensive

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20
Q

What was done to change the fact that the European Court of Human Rights disadvantaged UK citizens?

A

The New Labour government passed the Human Rights Act (1998) which incorporated the European Convention of Human Rights into UK law

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21
Q

How did the Human Rights Act (1998) benefit UK citizens?

A

They could go to trial in UK courts without having to go to Strasbourg

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22
Q

What are some of the rights that the Human Rights Act (1998) protects?

A

The right to life

Freedom from arbitrary arrest

The right to a fair trial

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23
Q

What was the purpose of the Equality Act (2010)?

A

It consolidated earlier pieces of legislation that had sought to outlaw discrimination and unfair treatment

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24
Q

What earlier pieces of legislation tried to outlaw discrimination and unfair treatment before the Equality Act (2010)?

A

1970 Equal Pay Act

1975 Sex Discrimination Act

1976 Race Relations Act

25
Q

What nine “protected characteristics” were identified by the Equality Act (2010)?

A

1) Age
2) Disability
3) Gender reassignment
4) Marriage or civil partnership
5) Pregnancy and maternity
6) Race
7) Religion or Belief
8) Sex
9) Sexuality

26
Q

What did the Equality Act (2010) make it illegal to do?

A

It made it illegal for businesses, employers and individuals to discriminate against people on any of the grounds of the “protected characteristics” in the workplace or wider society.

27
Q

What is parliamentary sovereignty?

A

A principle of the UK constitution that makes parliament the supreme legal authority, which can create or end any law.

The courts or monarchy cannot overrule its legislation.

28
Q

What is judicial review?

A

Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body

29
Q

How much has judicial review increased?

A

The number of reviews rose from around 4240 in 2000 to around 15,600 by 2013

30
Q

What is an example of a successful challenge to government policies?

A

High Court ruled that retired Gurkha soldiers should be allowed to settle in the UK (2008)

31
Q

What is the main argument in support of judicial review?

A

It is a vital means of defending citizens’ rights, enabling the legality of government decisions to be scrutinised

32
Q

What do critics say about judicial review?

A

It places too much power in the hands of unelected and unaccountable judges

33
Q

What has the press accused judges of giving priority to?

A

Of giving priority to Article 8 of the European Convention of Human Rights (the right to privacy) over Article 10 (the right to freedom of expression)

34
Q

Why is it argued that wealthy individuals have an unfair advantage with the judicial system?

A

They have the financial means by which to exercise their right to legal action

35
Q

What did the High Court rule on the Max Mosley case?

A

In 2008, the UK High Court awarded Max Mosley, the head of Formula 1, £60,000 damages after ruling the News of the World invaded his right to privacy by reporting on his sex life.

36
Q

What did the European Court of Human Rights do in regards to Max Mosley case?

A

They refused to rule that newspapers should notify people before printing stories about their personal lives

37
Q

[Case Study] Who was Abu Qatada?

A

A radical Muslim cleric who lived in London and justified the use of violence to promote the Islamist cause.

38
Q

[Case Study] What was the security services attitude towards Abu Qatada?

A

They regarded him as a threat and ministers wanted to deport him to his country of origin, Jordan, where he was wanted for trial

39
Q

[Case Study] Why wasn’t Abu Qatada deported?

A

His legal advisers argued that he might be tried using evidence obtained from torture, which was a breach of the Human Rights Act

40
Q

[Case Study] Why was Abu Qatada eventually deported?

A

The UK signed a treaty with Jordan pledging evidence obtained from torture would not be used and Abu Qatada was flown back to face trial

41
Q

[Case Study] What happened to Abu Qatada in Jordan?

A

He was cleared of involvement in terorrist bomb plots

42
Q

What do conservatives want to be replace the Human Rights Act?

A

They argue it seems to show favour to undeserving individuals, rather than protecting the legitimate freedom of UK citizens

43
Q

What do conservatives want to replace the Human Rights Act with?

A

The ‘British Bill of Rights’, which would establish supremacy of British courts over the European Courts of Human Rights

44
Q

What are some disadvantages of the Human Rights Act?

A

It shows favour to undeserving individuals

Lack of clarity over the definition of rights can lead to conflict between pressure groups & individuals

45
Q

Which attacks led to government measures that limited civil liberties in the interests of protecting the wider community?

A

The US 9/11 terror attacks in 2001

7/7 London Underground and bus bombings in 2015

46
Q

What did the law lords rule in December 2004?

A

It ruled that indefinite detention of foreign nationals on suspicion of involvement in terrorism was discriminatory

47
Q

Why did ministers argue before the law lords rule in December 2004 about the detainment of terrorists?

A

Ministers argued that they were entitled to detain terror suspects without trial on the grounds

48
Q

How did the government combat the December 2004 rulings?

A

They passed a new law to introduce a system of control orders

49
Q

What were control orders?

A

Control orders enabled suspects of terrorism to be closely monitored, such as through electronic tagging

50
Q

How long did control orders last?

A

They were kept in place, despite adverse rulings by judges until 2011 when the coalition government replaced them with a modified version

51
Q

What was the modified version of control orders called?

A

Terrorism Prevention and Investigation Measures (TPIMs)

52
Q

What restrictive counter-terrorism measures have been abandoned in face of parliamentary and public opposition?

A

In November 2005, the Blair government’s proposal to extend a suspect’s period of detainment from 14 to 90 days was defeated in the House of Commons

53
Q

How has the public reacted to counter-terrorist procedures by the government?

A

The public have been willing to sacrifice some liberties at a time of heightened concern over security

54
Q

What is the general, government attitude towards counter-terrorist policies?

A

The government tend to place the safety of society over the protection of individual rights, hence why pro-human rights groups have had limited success in deflecting government policy

55
Q

What did the Liberty organisation fail to do in 2013?

A

They failed to stop the introduction of “secret-courts” which permit terrorist suspects and major criminals to be trialled without the evidence against them to be disclosed in full.

56
Q

How can the lack of clarity over the definition of rights lead to conflict between pressure groups?

A

Walkers’ “right to roam” in the countryside, which the Ramblers’ Association campaigned for many years.

57
Q

How was the “right to roam” given full legal force?

A

In the Countryside and Rights of Way Act (2000)

58
Q

How did Madonna come into conflict with the Countryside and Rights of Way Act?

A

Her and her husband contested the right of the public to walk across their land.

It was ruled in 2004 that rambler’s would have access to part of their estate that was out of sight of their home, preserving their right to privacy.

59
Q

Which type of pressure groups are government unlikely side with?

A

Pressure groups that campaign for the rights of minority groups who are unpopular amongst the wider public

For example, Howard League for Penal Reform on securing a reduction of prison population size

Politics: Component 1: Part 1 UK Politics (6 decks)

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