paragraph 2 Flashcards
1) on one hand, parliamentary sovereignty…
is a feature of the UK that might mean that civil rights are threatened rather than upheld
2) sovereignty means that…
parliament has ultimate power, it can create rights but this power also allows them to take them away when it pleases
3) this might occur in emergencies…
parliament may state that certain rights no longer have legal standing in certain situations
for example, the right to privacy was undermined due to a threat of terrorism when the Snoopers Charter was proposed under the Cameron government
which would increase the power of intelligence agencies to gain information by obliging companies to keep data of people’s browsing history
4) this risk is reinforced by the pressure group Liberty…
who pointed out that legalisation does not guarantee rights as it is ultimately parliament’s decision whether our rights are protected or not
they can theoretically repeal legislation such as the HRA at any time using a majority in the House of Commons
1) however, more importantly, parliamentary sovereignty means that…
parliament is in the best position to uphold rights as they can determine how to enforce them because they have the power to do so
2) not only is parliament representative of the people…
as it reflects the values and needs of society most effectively
3) but it also has a history of…
being the institution that has both promoted and defended civil rights in the UK
for instance, it introduced the Equality Act in 2010 which gives people the right to be protected from discrimination in the work place and wider society
for both of these reasons, it is the most suitable body to uphold civil rights
4) therefore, parliamentary sovereignty helps uphold our rights….
as it is the institution with the ultimate power to grant rights as well as continually act in our best interests
which suggests that rights are in fact effectively upheld in the UK