rights Flashcards
civil liberties
rights and freedoms that exist for citizens of a particular state , underpinned by laws of that state, rather than a universal doctrine
exist to protect citizens from any tyranny by the state itself
human rights
exist for all humans that are inalienable and universal
common law
made by judicial precedent under stare decisis.
Av dicey rule of law
he called this one of the twin pillars of the uk constitution, made up of 3 elements
- gov limited by established laws
- equality under law
- law administered by indep jury
how are rights protected 3 themes
-independent judiciary
- representative democracy
- history of supporting negative freedoms
2 ways HRA works
- positive rights clearly codified into uk law
- forces public authorities to comply with rights, when legislation is going thru parliament, minister will attend the second reading to explain how it complies with HRA, parl sov allows them to ignore
example of act that did not comply with HRA (braverman)
2023 illegal migration bill
HRA helps to create a
rights based culture, rights are better recognised and they recognise mechanisms to ensure them
how can judical review protect rights
citizens can request, SC can question acts (ultra vires), principles of questioning..
illegality-out of accordance with law
irrationality- not taken reasonably
irregularity- failure to consult properly or act with natural justice
3 examples of rights based judicial review cases
Steinfeld/keidan V sec of state
Evans V Attorney General (disclose Prince charles letters to public)
Belmarsh
2012 ECtHR Abu qatada
deportation to jordan blocked by court due to fears he would be tortured
Hirst v UK
prisoner serving significant sentence due to being found guilty of manslaughter
He said his HR we’re being abridged because he was not allowed to vote whilst in prison
High court dismissed case
ECtHR said ban was contrary to ECHR but parl did not implement
Blair’s first defeat and significance
2005 terrorist bill, detain without charge expanding to 90 days after the 7/7 london attacks but Commons voted no and many lab mps rebelled
instead detention period of 28 days was ruled
recent examples of gov policy that may infringe rights
PCS act 2022, noice limits on peaceful protests, stop and search at protest even if they have no reasonable suspicion (Lords 14 amendments all rejected)
Elections Act 2022, photo ID affects those from poorer backgrounds who won’t vote con anyway
Rwanda plan- sending asylum seekers away, unlawful under international law
corona virus act 2020 limit on freedom
common law can be overridden by statute AV dicey “make or unmake any law”
freedom to assemble, movement and protest
passed on the nod
collective over individual
