P1 - Rights Flashcards

1
Q

what are civil liberties

A

the right that citizens have in a democracy

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2
Q

what are some civil liberties

A

freedom of speech, freedom of religion, the right to a fair trial and freedom of association

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3
Q

How does the HRA 1998 protect rights

A

Incorporated the ECHR 1950 into law
Citizens can now challenge laws in UK courts rather than having to go to European Courts of Human Rights
UK courts can issue a ‘declaration of incompatibility’
Brexit will have no effect on its protection

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4
Q

What did the freedom of information act 2000 do

A

gave citizens the right to know information regarding how and who made decisions

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5
Q

how does the FOI 2000 protect right

A

allows the public to access files from any government body. Any person can request information and has a right to have that information given to them.

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6
Q

what are the limitations with the FOI

A

it has some major exceptions to it, particularly if it affects national security

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7
Q

When was the equality act

A

2010

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8
Q

what characteristics are protected in the equality act

A

sex and sexual orientation, religion, gender reassignments, age, disability, marriage or civil partnership, pregnancy and maternity, belief and race

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9
Q

What two ways are rights protected in law

A

Judicial review and Common Law

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10
Q

In what way are rights successfully protected in the UK

A

The HRA and other laws mean that rights are set out clearly and in detail
A rights-based culture has been established
This allows the judiciary to be active in defending rights
Pressure groups, such as Liberty, work to stop governments from undermining rights

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11
Q

In what way are rights unsuccessfully protected in the UK

A

Citizens’ rights have been restricted as governments seek to protect citizens from terrorism
The right to protest near Parliament has been restricted
The Government has also introduced ‘control orders’ to restrict freedom of movement
The media undermines rights protection by portraying acts like the HRA as restricting rights

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12
Q

how is surveillance a threat to civil liberties

A

the UK has more surveillance cameras than any other country in Europe. In 2010, it was estimated that there is one CCTV camera for every 14 people

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13
Q

how is the idea of stop and search a threat to civil liberties

A

Police have the power to stop and search any suspected person without having to record why they have done this

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14
Q

How is the idea of freedom of expression a threat to civil liberties

A

Laws against incitement to racial or religious hatred are often seen as threats to free speech

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15
Q

how is the idea of political demonstrations a threat to civil liberties

A

police are increasingly using powerful public order laws to per cent legitimate protests

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16
Q

how is anti terrorism a threat to civil liberties

A

it is claimed that anti-terrorism has led the police to make excessive use of powers of search and interrogation on the grounds of national security

17
Q

When and what was the Abu Qatada Case

A

2012
An ECHR judgement prevented the deportation of the radical Islamist cleric to Jordan where he risked being tortured and tried. He was finally removed in 2013

18
Q

When and what was the Belmarsh ruling

A

2004

The law lords ruled 8-1 against the government’s indefinite detention of terrorist suspects in Belmarsh prison

19
Q

When and what was the Poundland case

A

2013
Cait Reilly won her claim that it was unlawful to force her to work for free at Poundland as a condition of her claiming jobseeker’s allowance

20
Q

When and what was the Segregation in Schools ruling

A

2017
The court ruled that a co-educational faith school in Birmingham had caused unlawful discrimination by separating boys and girls. It breached the 2010 equality act.