Democracy and Participation - Topic 1.4 Flashcards
Rights in context of British law and modern politics
How are civil rights in the UK protected in law?
And what examples are there?
As the UK doesn’t have a codified constitution, the rights of British citizens have been protected in landmark cases, events and pieces of legislation.
- Magna Carta (1215)
- Bill of Rights (1689)
- Somerset v Stewart (1772)
- Entick v Carrington (1765)
- 1928 Representation of the People Act
What significant laws in the UK have developed rights since 1997?
- 1998 Human Rights Act
- 2000 Freedom of Information Act
- 2010 Equality Act
How has the HRA improved British rights-based culture?
Human Rights Act
After accepting the binding nature of the 1950 ECHR in 1998, the HRA incorporated the ECHR into British law and was entered into force in 2000. British citizens now possess a clear statement of their civil liberties which is enforcable in court. It established positive rights that we’re all equally eligible for.
How has the FIA improved British rights-based culture?
Freedom of Information Act
This established a ‘right of access’ to info held by public bodies so long as it doesn’t compromise national security. Coming into force in 2005, it provides the public with the opportunity to know more about the way in which public bodies operate and access info held about them.
How has the Equality Act improved British rights-based culture?
This act established equality before the law for all citizens. The Act consolidates existing legislation and state that in public life, discrimination is illegal in nine recognised areas:
- Age
- Disability
- Gender reassignment
- Race
- Religion or belief
- Sex
- Sexual orientation
- Marriage and civil partnership
- Pregnancy and maternity
How have certain Acts changed British rights to protect the public?
2001 Anti-Terrorism Crime and Security Act:
- Gave the government the legal power to imprison foreign terrorist suspects indefinitely without trial
2005 Serious Organised Crime and Police Act:
- Limited the right of protest outside Parliament and created a new offence of inciting religious hatred
2006 Terrorism Act:
- Extended the time for which terrorist suspects can be held without charge to 28 days and made ‘glorifying terrorism’ a crime
2016 Investigatory Powers Act:
- Authorises the retention of personal electronic data and its access for law enforcement
2022 Police, Crime, Sentencing and Courts Act:
- Designed to limit the impact of public protests and has thus generated significant opposition from civil liberties groups
How does supporters of the HRA argue the vitality of the Act?
How does the Act protect positive rights of all citizens?
- In 2004, senior judges declared that the way in which international terrorist suspect were being held by the government was ‘discriminatory’. The government released prisoners from HMP Belmarsh in the face of legal challenge
- Attempts by the government to deport Abu Qatada to face trial in Jordan were stopped for 8 years as the evidence used against him might have been acquired through torture which would have violated Article 3 of the HRA
- The Supreme Court declared that same-sex relationships could provide grounds for claiming asylum in the UK if the claimants were from countries where same-sex relationships were persecuted
How effectively are civil rights protected in the UK?
As the HRA is no different to any other Act of Parliament, it can still be suspended or repealed. It doesnt represent a higher law, as it would be the case if the UK had a codified constitution. Parliament remains the supreme law-making body and so can still enact legislation even if it conflicts with the ECHR. Judges have less power to protect the civil liberties of UK citizens than do judges in liberal democracies with a codified constitution.
Civil liberties pressure groups are especially important in alerting the public to any erosion of their civil liberties, as well as raising awareness of the way in which minorities may still be discriminated against.
