democracy and participation pt4 - rights Flashcards
Magna Carta
- 1215
- first document that set out limits of king’s power
- king isnt above law (rule of law), no one can be imprisoned without due process (trial by peers), king has to seek approval of nobles before raising taxes
- it now symbolises the right of people to be free from a gov acting beyond the power given to it in law
common law
- law made by judges through court decisions rather than by parliament
- eg - rule of law guaranteeing equal treatment under the law
what is the rule of law
everyone must follow the law including government - no one is above the law and all laws must be applied fairly
statutes law
- laws made by parliament and written down in Acts (statutes)
- HRA 1998, Equality Act 2010, Freedom of Information Act 2000
Human Rights Act 1998
- brings European Convention on Human Rights into UK law
- key rights are protected like freedom of speech, religion, fair trial etc.
- importance: holds gov and ppl accountable
Equality Act 2010
- legally protects ppl against discrimination in workplace and wider society
- 9 protected characteristics: age, gender, disability, race, religions, sex, sexual orientation, marriage/civil partnership, pregnancy/ maternity
- protects minority right and makes it illegal to discriminate against any of these areas
STRENGTHS of the UKs rights protection - not finished very confusing
- JUDICIAL REVIEW
- ppl can challenge gov in court
- judges are unelected and independent so protect individual rights even when unpopular like migrants, prisoners etc
- courts can issue declarations of incompatibility if law goes against HRA - PARLIAMENT PROMOTE RIGHTS
- Joint Committee on Human Rights in parliament reviews bills for HRA compatibility
- public institutions are legally bound to protect rights eg, NHS Trusts - PUBLIC SUPPORT
- groups like Prison Reform Trust campaign to protect rights
- awareness of rights amongst young ppl has grown eg
WEAKNESSES of the UKs rights protection - not finished very confusing - dont understand
- ATTACKS ON HR LAWS
- judges have gone too far and stop the gov from doing its job - PUBLIC CRITICISM
- human rights laws protect criminals and terroists too much
what are individual rights
- rights that belong to a person regardless of personal characteristics
- apply to everyone regardless of race, gender, religion etc
what are collective rights
- rights that belong to a group
- this group shares a certain characteristic eg gay rights
- or it might be an organisation eg workers rights
individual rights with conflicting collective rights
- freedom of expression <–> rights of minority groups not being subjected to hate speech
- right to privacy <–> the right of a community to be protected from terrorism by security which listen to phone calls etc
- the individual right to privacy <–> the right of press to report on matters of public interest
example of confliction of rights in a case - Ashers Bakery
Ashers bakery case
- 2018 supreme court ruled baker didnt want to write ‘support gay marriage’ on a cake requested by customer for same-sex wedding
- the decision was uphed for the individual right of the baker - he shouldnt have to write something that went against his won beliefs - freedom of conscience
- but this may affected the collective rights of the LGBTQ+ community to equal access of services (buying a cake of his choice)
2 pressure groups that are concerned with rights - what they are and weaknesses
- LIBERTY
- major campaigner and think tank - focuses on limiting gov powers and protecting citizens’ rights
- BUT frequently opposes gov proposals like mass surveillance after terrorist attack - not going to be popular - UNLOCK DEMOCRACY
- concerned about constitutional reform issues - strengthening rights protections eg codified constitution with bill of rights
- BUT constitutional issues arent high up on the agendas of the 2 major parties - don’t tend to get adressed
