rights Flashcards
what are the civil liberties
-freedom of speech
-the right to a fair trial
-freedom of religion
-freedom of association
what is common law
refers to rules that have been established through customs
what is statute law
takes precedence over common law
human rights act 1998
-incorporated the ECHR 1950 into UK law
-citizens can challenge laws in UK courts rather than the ECHR
-UK courts can issue a ‘declaration of incompatibility’ -can put pressure on the gov to back down
-brexit will have no effect on the ECHR
freedom of information act 2000
-created a more open system of government
-allows the public to access files from every government body
-it affects national security
the equality act 2010
protected characteristics= religion, gender reassignment, age, disability, marriage or civil partnership, pregnancy + maternity, belief, race, sex + sexual orientation
threats to civil liberties
surveillance, stop + search, freedom of expression, political demonstration, anti terrorism
how are rights protected
-HRA + other laws mean that rights are set out clearly and in detail
-a rights based culture has been established
-this allows the judiciary to be active in defending rights
-pressure groups work to stop governments undermining rights
how are rights not protected
-citizens rights have been restricted as governments seek to protect citizens from terrorism
-the right to protest means parliament has been restricted
-the gov has introduced ’control orders’ to restrict freedom of movement
-the media undermines rights protection by portraying acts like the HRA as restricting rights