Exam Q - Constitutional Change since 1997 - Human Rights

Question 1

Labour Reforms

Human Rights Act 1998

Answer 1

• Most significant development = incorporated ECHR into UK Law which is binding on all public bodies, including government. UK courts obliged to enforce convention - if it becomes relevant in cases.
• However, to preserve parliamentary sovereignty - convention isn’t strictly binding on the UK parliament. Any laws that contravene can only be passed if the government declares a reason why it is important.

Question 2

Labour Reforms

Factors the Labour Govt wanted to bring ECHR into law

Answer 2

• Bring the UK constitution in line with Europe.
• Increase police/court powers - a major threat to HR (UK Govt brought before the European Courts 50 times and lost).
• Stressed active citizenship - responsible for communities and country so rights are better understood and safeguarded.
• Part of Devolution settlements bound by convention, assures devolution won’t threaten rights.
• Marked change in the rights and the constitution.
• First time codified - set externally, rather than Parli and enforced by a group of European judges.

Question 3

Was HR reforms under Labour more democratic?

Answer 3

Yes:
+ Enforced a similar ‘Bill of Rights’ - UK citizens to experience fair treatment while living under UK Law.
+ The ECHR - created by the Council of Europe brings the UK Constitution in line with the rest of Europe.
+ Binding on public bodies, Courts/Govts.
+ Terms are set and examined externally, instead of Parliament to reduce corruption (erosion of rights by those with majorities - Blair and Johnson).

No:
+ Not binding on the UK Parliament due to sovereignty; it can bypass it but they must have a significant reason to perform it. Depends on who is regulating it and what is considered significant.

Question 4

Conservative Reforms 2015-21

Answer 4

Withdrawn from the EU because of Brexit
- The UK did not lose sovereignty by passing the Human Rights Act.
- Parliament can repeal it at any time so the ECHR would no longer be enforced.
- The Conservative government that came to power in 2015 was committed to replacing the Act with a new British Bill of Rights - mirroring the EU but can slowly erode people’s rights if they wish to.

Question 5

Rwanda example for HR in Conservatives

Answer 5

Conservative government under Johnson and to an extent Truss pushes forward with plans to deport some asylum seekers to Rwanda by proposing new legislation to prevent the European Court of Human Rights from blocking deportations, after it ruled against a flight.

Question 6

Is HR Reform under Conservatives democratic?

Answer 6

Yes:
- Govt planned to replace the Act with a new British Bill of Rights, mirroring ECHR and the UK law.

No:
- Decreased democracy as there is no longer entrenchment of laws - only needs majority of Commons and Lords to pass legislation.
- External body of European judge no longer used to enforce ECHR - allows corruption and erosion of rights.