Human rights and The rule of law

Question 1

what is a right? 4

Answer 1

a claim to something
a freedom to do something
a power to do something that affects others
an immunity from challenge in doing something

Question 2

what is a human right?

Answer 2

‘super rights’ which are given to every person.
They secure democracy
The government gives them to us
Distinguished from normal rights through universality, importance, equality.

Question 3

How are these rights protected? 3

Answer 3

European convention
Human rights act
The rule of Law

Question 4

What is the rule of law?

Answer 4

guiding principles about how government should operate. Government actions must have a legal basis.

Question 5

Are there limits to human rights?

Answer 5

yes

Question 6

what are the limit to human rights?

Answer 6

competing rights of others leads to conflict interests of the community e.g. freedom of speech is restricted.
Hate speech is not allowd

Question 7

What are the 2 sources of human rights?

Answer 7

UN universal declaration

European convention

Question 8

What 5 examples do the ECHR protect?

Answer 8

right to worship
right to fair trial
right to education
right to marry
right to life

Question 9

what is the ECHR?

Answer 9

European convention of human rights

Question 10

what is the remedy?

Answer 10

court can award successful claimant any remedy that is ‘just and appropriate’

Question 11

what does autonomy of the UK courts mean?

Answer 11

right to self-govern