Civil Rights and Constitution Flashcards
2011 Phone Hacking Scandal
Civil rights issue that came from newspapers hacking people’s phones to gain information.
The rights of people’s virtual identity were not protected by the constitution
UK Parliament ignored the ruling of the ECHR
Did not grant prisoners the right to vote
Life sentence ban was not carried out
UK Parliament coming under political pressure by the SC to change the law
2004 Civil Partnerships Act prevented different sex couples from entering into civil partnerships. This was declared incompatible and PM May said that she would change the law
Parliamentary convention ignored
Cameron began the convention by asking Parliament before committing air strikes to Syria in 2012.
May did not ask for the permission of Parliament before committing air strikes to Syria. She argued that it was too time sensitive and classified a topic to be taken to a public vote
Example of flexibility in the constitution being beneficial
After the Dunblane massacre in 1996, there were 2 amendments made to the firearms act, banning cartridge ammunition and handguns, within a year.
This contrasts starkly with the US which is caught up inn the codified second amendment
Majority party has significant constitutional power (example)
Blair had a huge majority and could implement widespread constitutional reform easily such as HRA, Lords Reform and devolution
Benefits to Lords reform
Increased democracy as it limited the number of hereditary peers. In 2018 there were only 92 hereditary peers
Scotland Act 1998
Devolved certain powers to the Scottish government like tax powers
Scotland Act 2012
Added new powers relating to income tax and the ability to borrow money
Government of Wales Act 2006, 2017
Provided Wales with the ability to tax and borrow money
How much of the UKSC are women?
4/12 members
Radmacher v Granatino 2010
Lady Hale was the only female justice and was the only out of the 9 to dissent. She claimed that women would lose out from this. This case ruled that pre-nup agreements are completely binding and as a result the ex-husband, Granatino, gained £5m
Snowden Leaks
Government Communication HQ was reading people’s correspondence without consent or a warrant. Although it was ruled that these actions contravened Articles 8 and 10 of the ECHR, they seemed to be an intention to keep this knowing infringement of the ECHR quiet by the GCHQ
Article 10 of ECHR
Freedom of Expression
Article 8 of ECHR
Right to a private life and a respect thereof
