Civil liberties

Question 1

Name some examples of historical documents that show the history of the United kingdom protecting civil liberties

Answer 1

• Magna carta 1215
• Habeus corpus
• Bill of rights 1689

Question 2

Briefly explain what is meant by the Magna Carta . What was it’s significance ?

Answer 2

The magna carta set out the fundamental principle that have civil liberties

• Introduced trial by peers

Question 3

What is the significance of habeas corpus ?

Answer 3

This is a legal right that enbales d’s to challenge the legality of their detention

• stopes people from being detained unlawfully
• Contributed to Pace

Question 4

What is the significance of the bill of rights ?

Answer 4

This reduced the power of the monarchy and transfered power to parliament

• This contributed to free , fair elections

Question 5

What protected civil liberties before the human rights act 1988 ?

Answer 5

Common law - judge made law/ judicial president

Question 6

What are some rights recognised by common law ?

Answer 6

• The right to life - R( Amin) v secretary of state
• The right to property-
  AV treasure v Ahmed

The right to humanity - r v secretary of state for social security ex parte

Question 7

Explain the right to life case . W as it effective in protecting rights ?

Answer 7

R amin v secutary of state - prisoner was put into a cell with a racist and was murdered

Question 8

What was in place before the human rights act during the status of the ECHR ?

Answer 8

Before the human rights act there was the law on civil liberties where the scope of liberties could only be decided by first establishing the extent of which compulsions , constraints or restrictions were in place through common law and other administrations

• There were 3 effects under international law which means that the UK incurred obligations
  1. Parliament was required to look at the compatibility of new legislation
  2. Judges interpretations need to be compatible with the ECHR
  3. If there is an incompatibility then the UK must change the law

Question 9

What changes in the law did the Sunday times v UK implement ?

Answer 9

This introduced the contempt with court act which set out limits regarding the freedom of the press

Question 10

What changes to the law were implemented following the case of Malone V UK

Answer 10

Interpretation of communications act 1985 which controlled telephone tapping by the police.

Question 11

What changes were implemented following the case of Sutherland V UK ?

Answer 11

Legalising of the age of consent for sexual activity between heterosexuals and homosexuals at 16 by the Sexual Offences (Amendment) Act 2000.

Question 12

What was the ECHR and the UK courts like prior to the human rights act in the way that they deal with civil liberties ?

Answer 12

• People could not argue there rights in uk courts if it was a breach to the ECHR before the human rights act 1988
• Prior to the HRA the UK lacked in protecting the rights of the ECHR which resulted in a number of decisions being made against the UK