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x Politics : Democracy and participation > Protection of rights > Flashcards

Protection of rights Flashcards

1
Q

Government protection of rights

A
  • Orchestrated equal rights legislation eg 2010 equality act
  • 2000 Freedom on information Act (massive extension of rights)
  • 1998 Human rights Act (proposed by the government)
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2
Q

Failure of government to protect our rights

A
  • Following the 2001 Terror attacks, suspects could be held for 90 says without evidence
  • Rights can be suspended under certain circumstances
  • Belmarsh case, suspects were held under the 2001 Crime and security Act
  • 1970’s involvement in NI with imprisonment without trial
  • COVID-19 restrictions have eroded civil liberties
  • Police, crime, sentencing and courts bill is currently awaiting final amendments (April 2022) which erodes right to protest
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3
Q

Pressure groups protection of rights

A

Howard league : 2014 Books were allowed to be given to prisoners
Stonewall : 2008 Human fertilisation Act - campaigned for equal treatment of lesbian parents and their children

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4
Q

Failures of pressure groups protecting our rights

A

2013 : Liberty failed to stop the introduction of secret courts which permitted criminals to be trialled without the evidence being disclosed fully

2019 : Liberty failed over snoopers charter (allowed for mass surveillance and agencies could collect information)

Failure to secure prisoners voting rights due to ideological incompatibility

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5
Q

Magna Carta

A
  • 1215
  • Provided the foundation for British liberties eg Law should be impartial, rule of law and everyone should have a free and fair trial
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6
Q

Bill of Rights

A
  • 1689
  • By accepting the Bill of Rights, William III agreed to govern with the consent of parliament which established the principle of constitutional monarchy
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7
Q

Somerset v. Stewart

A
  • 1772

- Slavery became illegal in the UK as it was unsupported by the common law and this set the precedent

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8
Q

Entick v. Carrington

A
  • 1765

- Government can only act according to the law protecting the rights of citizens from despotic rule

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9
Q

Representation of the people act

A
  • 1928

- This established the principle of universal suffrage in the UK

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10
Q

What approach has changed since Blair in reference to civil liberties ?

A
  • Post 1997 = greater emphasis on the codification of what the positive rights of British citizens rather than reliance on common law decisions
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11
Q

Human rights act

A
  • 1998
  • Incorporated the European convention fully into British law
  • British citizens now possess a clear statement of their civil liberties which are enforceable
  • It establishes the rights we are all eligible for eg right to life and right to fair hearing
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12
Q

Freedom of information act

A
  • 2000
  • Established the right of access to information held by public bodies eg right to now how the NHS operates and access to information held about them
  • The MPs expenses scandal in 2009 was exposed as journalists were able to demand access to this info due to this act
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13
Q

Equality act

A
  • 2010
  • Established equality before the law for all citizens (age, disability, gender reassignment, race, religion, sex, sexual orientation, marriage/civil partnership and pregnancy/maternity
  • Built on the Race relations act 1956 and 1970 equal pay act
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14
Q

What are responsibilities that can be enforced by law ?

A
  • Paying taxes and serving on a jury
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15
Q

What are responsibilities that are not legally enforceable ?

A
  • Voting
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16
Q

Civil liberties

A
  • citizens rights and freedoms in relation to courts eg the right to a fair trial
17
Q

Negative/residual rights

A
  • Every citizen is assumed to have rights unless prohibited by law
18
Q

Rights based culture

A
  • All new legislature must be compliant with the act
19
Q

Judicial review

A
  • A process where courts review decisions by the state/any public body in relation to its citizens eg a review could find a citizen hadn’t been treated fairly
20
Q

Judicial precendent

A
  • Principle when a judge in a court declares an important point of law should be applied and only a judge in a higher court can change judicial precedent
21
Q

Formal equality

A
  • Aspects of equality that are established by law eg the rule of law establishes equality in the courts
22
Q

EU law

A
  • Doesn’t effect parliamentary sovereignty
  • ECHR since 1953
  • Exceeds statute law
  • Pooled sovereignty
  • European court of HR which all courts in the UK have to follow which further protects human rights
23
Q

Royal prerogative

A
  • PM exercises these powers as they were passed from the monarch to the PM
  • A body of customary privileges and immunity recognised in common law that a monarch possess
24
Q

Common law

A
  • Known as judge law and until 1998 they were the main source of rights
  • Ultra vires = all lower courts are bound by precedence
25
Q

Authoritative works

A
  • Erskin May
26
Q

Statute law

A
  • 2010 Equality act
  • Data protection act 2000
  • 1215 Magna Carta
27
Q

Conventions

A
  • Salisbury convection which limits the powers of the lords eg Cannot block something in a manifesto or money bills
28
Q

European convention on human rights

A
  • 1950

- Drawn following the aftermath of terrible violations in rights in WW2

29
Q

Parliament protection of rights

A
  • Human rights act 1998, Equality Act 2010 and the Freedom of Information act 2000 have all been passed by parliament
  • 2010 : Terrorist asset freezing protected collective rather than individual rights
30
Q

Parliament failing to protect rights

A
  • Parliament remains sovereign which means at any point laws can be repealed and rights are codified
  • Blair increased the policy to 90 days of imprisonment without evidence for terrorists
  • 2001 Crime and security act denied individuals of rights (increased disclosure power)
31
Q

Courts protecting rights

A
  • Rights have grown in prominence since the creation of the Supreme court (2005)
  • The SC ruled that the 2001 security and crime act was incompatible with the ECHR and that the prisoners should be released
32
Q

Court failing to protect rights

A
  • only 36% of Judicial reviews are successful for those who appeal
33
Q

What acts undermined individual rights but protected collective rights ?

A
  • 2001 : Anti-terrorism crime and security act (gave the Gov. the legal power to imprison foreign terrorist suspects indefinitely without trial
  • 2005 : Serious organised crime and police act (limited the right to protest outside of parliament)
  • 2016 : Investigatory powers act (authorised the retention of personal electronic data and its access for law enforcement
34
Q

Example of rights eroded by Blair and protected by the coalition

A
  • 2006 : Identity cards act was passed (stored info about citizens)
  • 2010 : Coalition announced the act would be repealed in order to reverse the substantial erosion of civil liberties under the Labour government
35
Q

Why was the deportation of Abu Qatada stopped ?

A
  • The government attempted to deport Qatada to face trial In Jordan was stopped on the grounds that evidence used against him may have been acquired through torture (Article 3 and 6 off the HRA)
  • Deported in 2014 when Jordan pledged no such evidence would be used against him
36
Q

What did the SC declare in regards to homosexuality and asylum in 2010 ?

A
  • SC declared homosexuality could provide grounds for claiming asylum in the UK if the claimants were from countries where homosexuality was persecuted
37
Q

British bill of rights

A
  • Conservative Politicians have signalled they want to replace the HRA with a British Bill of rights (2019 manifesto)
  • Would provide a clearer statement of the responsibilities which individuals owe to society

x Politics : Democracy and participation (2 decks)

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