Prior to HRA 1998 Flashcards
What is the Bill of Rights?
A document which sets out the civil rights of citizens.
Does the UK have a Bill of Rights or a Constitution?
The UK does not have a constitution but does have a Bill of Rights, not like other countries but establishes freedom. Not having a Bill of Rights meant that until 2000, freedom and rights were found in a variety of places.
Magna Carta 1215
Guaranteed a right of appeal against unlawful imprisonment through a document called a writ of habeas corpus. This was important because it stopped the king from exploiting his power.
Bill of Rights 1689
Guaranteed freedom of speech in Parliament without interference of the Crown.
Human Rights Act 1998
Enshrined into domestic law the European Convention of Human Rights in the UK.
Common Law
Laws that have spread through custom and had been adopted and developed as the norm around the UK for centuries and ratified by judges in legal cases.
Examples of Common Law: Entick v Carrington 1765
Carrington entered Enticks property claiming he had a warrant to enter and seize papers. Court said the warrant had no legal effect and established him a trespasser. Police had no right to enter without legal authority.
EU Law
Being part of the European Union means that the UK adopted many freedoms, particularly in employment law.
Directives under Article 141 of Treaty of Rome have banned discrimination on gender, sexual orientation, age and race.
Membership of ECHR: Convention was eventually adopted fully as incorporated by HRA 1998.
Examples of Common Law: Bushell’s Case 1670
Judge ordered a jury to be detained in a room with no food or water until a verdict was given against their will. This went against a fair trial and stated that a judge can’t interfere with the decision.
