how effectively are rights protected in the uk Flashcards
+ parliamentary sovereignty means that parliament can pass legislation to enshrine new rights for citizens as society advances ie
the Marriage act of 2013 made marriage between two people of the same sex lawful in england and Wales
+ the supreme court can challenge national and devolved governments and other bodies if they infringe on the rights of the citizens ie
in the Ashers bakery case 2018 the supreme court ruled it would violate the bakers religious rights to write a pro gay marriage slogan on a cake
+ the establishment of the supreme court in 2005 means the court is more independent and neutral than its predecessor and may therefore be willing
to challenge the government
+ the UK is a member of the European court of human rights and has enshrined the European convention on human rights into Uk laws as human rights ie
when the UK government tried to deport asylum seekers for processing in Rwanda the ECHR granted an interim measure preventing the removal of some people until a full UK judicial review of their case had taken place
- parliament is able to make law that challenges rights or undoes previous legislation ie
the strikes bill restricted the ability of people to take strike action and the police crime , sentencing and courts act restricted the rights of citizens to protests
- the supreme court can be challenged by the UK government which is ultimately sovereign , this means that not only could the court be ignored but any laws it is using in its cases could ultimately be
challenged by parliament
- the Supreme Court can also rule in favour of the government , which may challenge rights ie
Sharmima begum lost her Supreme Court case to return to the UK so that she could argue her case to not lose her UK citizenship
- the UK has previously ignored rulings from the ECHR ie
in the case of Hirst V UK 2005 , the ECHR ruled that prisoners should not b given the vote , which the UK government ignored and there has been considerable debate in the con gov from 2019 about the UKs membership of the ECHR
Rishi Sunak said he was prepared to withdraw the UK from the ECHR if it continued to challenge the governments plan on illegal immigration