Hkw Rights Are Protecred M

Question 1

What is HRA1998?

Answer 1

A codification of rights, giving citizens ‘positive’ rights setting out exactly what rights citizens have, replacing negative rights which were automatic unless excluded in law.
Replaced lots of common law with statutory law, for greater legal protection
Decleration of incompatablitt means any law, past or present, can be repealed if it does not comply with HRA

Question 2

What rights did Freedom of Informaction Act 2000 give?

Answer 2

Gave public a right of access to information held by public authorities, showed activists of services such as NHS, police, schools etc to allow reform
E.g. lead to MP’s expenses scandal 2009, allowing better transparency and accountability

Question 3

What rights did equality act 2010 give?

Answer 3

Brought together pieces of legislation to outlaw discrimination, such as Equal Pay Act 1970 and Sex Discrimination Act 1975. It also covered gaps in anti-discrimination laws such as disability and LGBTQ+.

Question 4

How does judicial review protect rights?

Answer 4

Ministers and officials decisions can be reviewed to make sure they are lawful and the minister has not gone beyond their power (ultra vires)

Question 5

How does judicial review protect rights?

Answer 5

Judicial review can be declared unlawful by ultra vires when minister goes beyond powers

Question 6

How does common law ensure rights are protected

Answer 6

Precedent by judges ensure people’s rights are consistent