How are rights protected in the UK? Flashcards
What are the pieces of legislation that protect our rights?
Human Rights Act (1998) Equality Act (2010) Freedom of Information (2000)
What is the Human Rights Act (1998)?
Incorporated the European Convention on Human Rights (ECHR) 1950 into UK law
Citizens can challenge laws in UK courts instead of going to the European Court of Human Rights (ECHR)
UK courts can issue a “declaration of incompatibility”, which can put pressure on the gov to back down
What is the Equality Act (2010)?
Combined earlier legislation, making it illegal to discriminate in 9 areas:
Religion, gender assignment, age, disability, marriage or civil partnership, pregnancy and maternity, belief, race, sex and sexual orientation
List the characteristics protected by the Equality Act (2010)
Religion Gender assignment Age Disability Marriage or civil partnership Pregnancy and maternity Belief Race Sex and sexual orientation
What is judicial review?
Review of ministers and officials’ decisions to ensure they are lawful
Ministers decisions and actions can be declared unlwaful when they are “ultra vires” (acting beyond their powers)
Anyone can apply for a judicial review for 1 of 3 reasons:
Authority has been exceeded
Procedural impropiety
Acting in an irrational or unreasonable way