rights Flashcards
what are rights?
liberties that all people are automatically entitled to
absolute
universal
fundamental
what is the main protection citizens have from government intrusion?
individual rights/ civil liberties
how were rights characterised before the HRA?
in a negative way - people had right to do anything as long as it wasn’t expressly forbidden by the law
what are positive rights?
clearly given to a citizen, usually in form of constitutional protection
what are negative rights?
not explicitly set out, only exist because of absence of any law banning them
when was the Magna Carta signed? what did it do?
1215
restrictions on monarch to prevent abuse of power
when was the Bill of Rights? what did it do?
1689
greater limits on power of monarchy
set out rights of parliament e.g free elections, parliamentary free speech
when was the European Convention of Human Rights?
What did it do?
1953
gov actions had to comply with ECHR, actions only be challenged in European Court of human rights
when was the Data Protection Act? what did it do?
1984
protections surrounding personal info held by public institutions
when was the Human Rights act? what did it do?
1998
codified ECHR into British law, citizens access rights protections through UK legal system
when was the Freedom of Info act? what did it do?
2000
political transparency, citizens access to info held about them
when was the equality act? what did it do?
2010
consolidated + codified all anti-discriminatory measures into 1 document
does the Human Rights Act effectively protect rights in the UK? YES ARGUMENTS
-rights enshrined in statute law
-legislation has to comply with HRA
- citizens access rights protections through UK courts
does the HRA effectively protect rights in the UK? NO ARGUMENTS
-act is not entrenched, can be replaced
-act cannot overturn primary legislation
- can be set aside by gov under special circumstances
what are civic responsibilities?
duties which citizens are expected to perform or abide by in return for rights and liberties
what are examples of civic responsibilities?
-respect and obey law
-pay taxes
-do not harm others
-respect for parliament + gov institutions
-vote
-serve on jury
what are the arguments in favour of individual rights?
ensures protection from gov abuse
leads to civil responsibilities
necessary for free society
what are the arguments against individual rights?
come at expense of wider society
hinder effective operation of gov
why has there been a growing number of conflicts between the governments and judiciary?
-HRA gave judges more power to challenge gov
-ordinary people use judicial system to challenge gov
-threat of terrorism, gov measures conflict with individual rights
-ministers attempting to expand powers
what 5 key areas have seen conflicts between the judiciary and gov over rights protection?
anti-terrorism
deportation
detention
free speech + right to protest
anti-social behaviour
what are the strengths of the judiciary defending rights?
- use rule of law, HRA + judicial review to ensure rights protected
-independent of other branches of system, defend rights based on law not political pressure
-judges neutral - protect rights without discrimination
what are the weaknesses of the judiciary defending rights?
-judges undemocratic + unaccountable
-played role in creation of legislation, less likely to be truly neutral/independent
-cannot strike down primary legislation, sometimes powerless
-unrepresentative, narrow background
what are the strengths of parliament defending rights?
-holds sovereignty, cam determine rights + if they should be enforced
-more representative
-introduced and passed HR acts,has promoted + defended rights
- MPs represent constituents rights
-democratically elected, accountable for defence of human rights
what are the weaknesses of parliament defending human rights?
-short term political considerations more important
-suspend HRA to achieve goals
-dominated by governing party, few checks on gov
-Lords undermines democratic nature
-MPs reluctant to champion rights if it benefits unpopular element
