Chapter 9 - Civil Liberties in the UK Flashcards
Define Rights
Legal or moral entitlements to have something or behave in a certain way
Define Civil Liberties
The fundamental freedoms enjoyed by citizens in a liberal democracy, properly limited only by those laws established for the common good
What are positive rights?
Rights explicitly set out to citizens, often entrenched
What are negative rights?
Liberties not explicitly set out, but exist in the absence of laws banning them
How are rights protected according to AV Dicey?
Through the actions of a sovereign, independent and robust Parliament
By the public refusal to accept oppression
Through Judge made case law
When was the Murder (Abolition of the Death Penalty) Act?
1965
When was the European Convention of Human Rights first established? By whom?
The European Court of Human Rights in 1950
What are the key features of the ECHR (Court)
- Est by Court of Europe
- Hears cases brought under HRA
- Based in Strasbourg
- Not an EU insitution
When was the Freedom of Information Act?
2000
When was the Data Protection Act?
1998
The HRA act in the UK can be…
Derogated (suspended) or repealed
Define derogation
A process by which a country is exempted from observing a regulation or law it has previously agreed to abide by
Define indefinite detention
The right to hold a foreign terrorist suspect indefinitely without trial (EG A and Others v Secretary of State 2004)
Define Control Order
A form of close house arrest allowed under the Prevention of Terrorism Act 2005 (2006- found to violate HRA)
In 2008 it was found what percentage of large public data base projects breached the DPA?
25%
