rights

Question 1

HRA

Answer 1

passed in 1998, enforced in 2000
- ministers required to ensure new legislation is compatible with the HRA
- judges can issue a ‘declaration of incompatibility’

BUT
- it is not codified
- Tories attempting to repeal - Bill of Rights Bill 2022
- anti-terrorism legislation - eg Anti-terrorism, Crime and Security 2001 - undermines it - can hold suspects indefinitely and have ‘control orders’ - infringes on habeas corpus

Question 2

PGs

Answer 2

protect rights and advocate for groups - rmb examples

BUT
can cause more problems
- environmental protests -> police, crime, sentencing and court act
- Leave.EU posted fake videos of immigrants attacking women in 2019

Question 3

Judicial review

Answer 3

can protect citizens and hold govt account
- BJ prorogation found to be unlawful in 2019.
- flights to Rwanda found to be against HR 2022
- Lee v Asher Baking Company 2018 - protected freedom of religion and expression

BUT
only had 2.2% success rate in 2021
can be used as a ‘criminal charter’ - tory narrative
- Abu Qatada won his case based on HRA 2012