Paper 3.1 - Rules and Theories of Human Rights Flashcards
(skip if short of time)
Human rights are universal. What does this mean?
Rights apply to everyone based on the fact that they are human.
Human rights are inalienable. What does this mean?
Rights cannot be removed because the state disagree with them.
Human rights are indivisible. What does this mean?
States cannot pick and choose which rights they accept.
What is a civil right?
Basic right to be free from unequal treatment.
What is a civil liberty?
Basic rights and freedoms that are guaranteed to protect individuals from government.
What is the difference between human rights and civil rights?
Human rights are universal, applied globally; civil rights are different from country to country.
What are the three categories of rights?
Absolute, limited and qualified.
What is an absolute right?
Rights that cannot be restricted or changed by the state e.g. right to life.
What is a limited right?
Rights that can be restricted by the state e.g. right to liberty.
What is a qualified right?
Rights that can be restricted or removed in times of emergency e.g. freedom of expression.
Where do the UK Human Rights come from? (4)
European Court of Human Rights
Human Rights Act 1988
Magna Carta 1215
Judicial Precedent
What is meant by natural justice?
Natural justice is present when a civil or criminal case is fair, resulting in a decision made by an objective decision maker who has no personal interest in the case. (protected by Article 6).
What is meant by due process?
This refers to the human right to a fair trial, qualified representation at trial and the right to appeal.
Name 5 principals of the rule of law.
No one is above the law.
Law must be clear and accessible.
Law must be made and enforced fairly.
Citizen’s rights are enforced.
Separation of powers across the judiciary, legislative and the executive.
Jury independence is a key factor of the criminal justice system. What case was it introduced?
Bushell’s case
Judge refused to give jury food or water until they delivered an acceptable verdict. Edward Bushell, a juror in the cases, appealed the decision to other judges.
What is a writ?
Short for ‘written matter’, it is any order from a court or judge that requires or forbids people from acting e.g. a writ of summons requires a person to attend court.
What is the writ of habeas corpus?
A detained person can be brought before a court to question the lawfulness of their detention.
What is the Bill of Rights Act 1689?
This act limited the authority of the monarchy and sets out the rules of Parliament.
What is the Universal Declaration of Human Rights 1948?
International document of human rights drafted by the United Nations, sets out the fundamental human rights.
The Human Rights Act 1998 came into force in 2000. What did this Act allow that was previously not possible?
People could now claim under the Human Rights Act if they are a victim of an unlawful act.
The Conservative Party has previously stated their intentions to repeal the Human Rights Act in favour of a Bill of Rights, which would disconnect the UK from the European Court of Human Rights. What are the positives and negatives of this?
Pos - UK Parliament is sovereign, prevents foreign influence.
Neg - Low public confidence, no safety net for corruption.
