Democracy And Participation- How Well Are Rights Protected In The UK? Flashcards
Strengths of rights protection in the UK
There is strong common law tradition.
The UK is subject to the European Convention on Human Rights (ECHR).
The judiciary has a reputation for being independent and upholding the rule of law even against the expressed wishes of government and Parliament.
Strengths of rights protection in the UK
There is strong common law tradition.
Examples: the rights of cohabiting couples; the right to a fair trial.
Strengths of rights protection in the UK
The UK is subject to the European Convention on Human Rights (ECHR).
Example
Example: the European Court of Human Rights ruled that prisoners in the UK have the right to vote.
Strengths of rights protection in the UK
The judiciary has a reputation for being independent and upholding the rule of law even against the expressed wishes of government and Parliament.
Example: in April 2016, judges overturned government plans to deny legal aid to people who have not lived in the UK continuously for at least 12 months.
Weaknesses of rights protection in the UK
Common law can be vague and disputed. It can also be set aside by parliamentary statutes.
Parliament remains sovereign and so can ignore the ECHR or can even repeal the Human Rights Act.
There is increasing pressure on government, as a result of international terrorism, to curtail rights in the interests of national security. The right to privacy, the right of association and expression as well as freedom from imprisonment without trial are all threatened.
Weaknesses of rights protection in the UK
Common law can be vague and disputed. It can also be set aside by parliamentary statutes.
Example
Example: the government introduced internment in Northern Ireland (imprisonment without trial of suspected terrorists) in the 1970s.
Weaknesses of rights protection in the UK
Parliament remains sovereign and so can ignore the ECHR or can even repeal the Human Rights Act.
Example
Example: prisoners have not yet been given the right to vote in the UK, despite the European Court of Human Rights’ ruling.
Weaknesses of rights protection in the UK
There is increasing pressure on government, as a result of international terrorism, to curtail rights in the interests of national security. The right to privacy, the right of association and expression as well as freedom from imprisonment without trial are all threatened.
Example
Example: in 2016, the Conservative government passed the investigatory Powers Act (‘snoopers’ charter’).
