etvt that rights are effectively protected In the uk Flashcards
LOA
NO
1.PRESSURE GROUPS ARE GOOD
good for civil liberties
out rights at the top of political agenda
insider PG and passage of legislation
furthers rights
stonewall NL 1998 sexual offenses act 2000 1911 and 1940 to combat HOL ops
age of consent t 16 for both homo and hetero
outside PG legal challenges against govt policies
care4calais Rwanda floght 2022
rights for refuges
discrimination against asylum in Rwanda for lgbtq
1.PG DONT STAND AGAINST SOVEREGINTY
govt sov
final decision
unpopular decision have limited access to police crime and sentencing act 2022 passed despite protest #killthebill and criticisms from liberty
Howard league for penal reform for prisons vote
2.GOVT PASS GOOD LEG
govt passes leg and parliament can scrutinize
gordon brown 2010 2010 equality act
act legliased same sex in 2013 despite not being in 2010 C manifesto
govt measures for the greater good eg pandemic and freedom of movement
parliament and shoot down Rwanda policy ping pong
2005 TB hold terrorist suspect for 90 days without charge shot down
2.RECEBT GOVT PASSES LEG WHICH IS BAD
despite opposition from journalists and HR groups and public
police crime and sentencing act unacceptable protest sanctions
buffer zones
locking on
impeding on freedom of speech
infra- section 7 unlimited fine
2023 just stop oil arrested over 60 in under a minute
British bill of rights easier to deport foreign criminals elevating public safety over right to family
criticism by 100 of HR group incl liberty
3.yes- judiciary and human rights act protects effectively
1998 by NL ECHR part of uk law cases can go to domestic courts rather than Strasbourg
since HRA uk developed a rights based culture all leg must be compliant with it
judiciary can stop govt actions which go against it
parliament addresses issues raised by courts and has a joint committee on HR to scrutinize bills
HRA eductaes citizens about their rights
A v Secretary of State for the Home Department, part of The Anti-terrorism,
Crime and Security Act 2001 was declared incompatible with Articles 5 and 14 of the human
rights act by permitting the detention of suspected international terrorists in a way that
discriminated on the grounds of nationality or immigration status. The Prevention of
Terrorism Act 2005 was introduced by parliament to fix this as a result.
3.judiciary and HRA are ineffective
parliamentary sovereignty judges can compel to change laws
HRA not entrenched can be repealed by act of parliament
Further, even though the judiciary can stop a government action that threaten right by declaring
it illegal, the government can then change the law to make their action legal.
uk govt formed migration partnership with rwanda in 2022 Supreme Court ruled it illegal in 2023
pushed it through by changing to a diff policy that was legal consistent with domestic law
passed in 2024
criticise the HRA for favouring undeserving individuals, including
illegal migrants and terror suspects, rather than protecting the legitimate freedoms of UK
Abu Qatada muslim who advocated use of violence to advocate islamist cause spent time in British jails wanted by security services to be deported to Jordan but delayed by 8 years as went against HRA.
