Civil liberties Flashcards
what are human rights
- are the rights a person (global)
what are civil liberties
-relate to the country/state u are in
why are human rights so hard to protect
-not ingrained in law
how have British rights been protected throughout time
-through key constitutional and legal events such as
-Magna Carter 1215 = imposed various restrictions on the monarchy in order to prevent the arbitrary abuse of power by the monarchy
-1689 bill of rights= monarch agreed to govern by consent of the elected parliament =parliamentary sovereignty and constitutional monarchy
-Somerset v Stewart (1772) = Mansfield=slavery illegal as not legislated by parliament. Set precedent for the elimination of slavery in Uk
-Entick v Carrington (1765) gov can only act according to law protecting the rights of citizens from despotic rule
-Representation of the people act 1928 =established the principle of universal suffrage in the UK
Describe the equality act of 2010
-established equality before the law of all citizens
(Age, disability, gender reassignment, race, religion or belief, sex, sexuality, marriage and civil partnership, pregnancy )
what was the freedom of information act of 2000
-right of access to information held by public bodies as long as it does not compromise national security
-expenses scandal used this act to expose mps in 2009
what was the human rights act of 1998
incorporates the European convention fully into British law
-gave citizens a clear statement of their civil liberties which is enforceable in the courts
Give examples of two acts that restricted the publics civil liberties
-Anti-terrorism crime and security act 2001=gave gov legal power to imprison foreign suspects indefinitely without trial
-2005 serious organised crime and police act =limited right of protest outside parliament and created a new offence of inciting religious hatred
How has the human rights act protected people’s liberties
-2004 senior judges declared the way foreign terrorist suspects were being held discriminatorily according to the European convention of rights
does the human rights act completely protect civil liberties
-as it can be suspended or repealed like any other act in parliament. As a result of this parliament remains the supreme law-making body and can still enact legislation even if it goes against ECOR (european convention of rights)
How does parliament and the government protect civil liberties
-2005=Blairs gov attempt to increase the time a terrorist suspect could be imprisoned to 90 days was defeated in the commons by 323 votes to 290
- 2008=Browns gov attempts to increase number of days detention to 42 from 28 was defeated in HOL and it was shelved
-coalition in 2010 =committed itself to the repeal of identity cards as an infringement of civil liberties
How is the judiciary best placed protect civil liberties
2004 foreign terrorist suspect decision
-attempts by gov to deport Abu Qatada to face trial in Jordan were stopped for 8 years on the grounds evidence against him were required through torture
-2010 =sc declared homosexuality could provide grounds for asylum if they were from a country where it was persecuted
list the core areas that has seen a conflict between the government and judiciary over rights
-2004=senior judges declared that the way foreign terrorist suspects European convention on human rights. Gov released the detainees from Belmarsh prison although Blair quickly passed legislation to keep them under close supervision
-attempts by gov to deport Abu Qatada to face trail were stopped for 8 yrs on the basis evidence used against him was attained through torture
should there be a British bill of rights
-conservative politicians have signalled they favour replacing the HRA with a British bill of rights
-provide a clear statement of the reasonability’s which the individual owes to society
