Rights in context Flashcards
Human Rights Act (1998)
incorporated European convention on human rights I to uk law,
Freedom of information act (2000)
Allowed citizens to view information held on them by public bodies
Equality act (2010)
Established equality for all in society, outlawed discrimination based on: age, race, gender, sexual orinetation, disabilty ect
What kind of laws passed have undermined the HRA?
Anti-terrorism laws. E.g Blair goverment allowed to hold suspected terrorists for long periods without trial\
crime and security act 2002
What are the strenths of rights in the uk?
- Strong common law tradition
- uk subject to ECHR
- judiciary reputation for being independant and upholding law
- principle of equal rights established
What are the weaknesses of rights in the uk?
- common law can be vague, and set aside by parliamentary statutes
- pariliament remains sovereign so can igonre ECHR or could repeal HRA
- increasing pressure on govt to curtail rights due to terrorism
- not entrenched within constitution so can be easily removed
What are examples of individual rights?
- Freedom of expression
- right to privacy
- right to press freedom
- right to demonstrate in public
Examples of collective rights?
- rights of religious groups to not have beliefs questioned
- right of the community to be protected from terrorism
- right for public figures to keep private lives
- freedom of movement
- expect good service from public servants
how did the magna Carter improve rights?
1215- guaranteed rule of law
- right to fair trial
- established habeas corpus (immunity from illegal imprisonment)
- everyone equal before the law
how did the bill of rights 1687 improve rights?
set out basic civil rights.
- limited power of the monarch
- set up requirements of parliament (free speech and free and fair elections)
what are civil liberties?
citizens rights and freedoms
e.g right to fair trial
what are residual rights
every citizen is assumed to have rights unless prohibited by law
what is an example of common law?
set by judicial precedent
e.g murder, manslaughter and common assault
what is an example of parliament protecting rights?
HRA, equality act, freedom of information act passed by parliament, greater protect minority rights.
2010 terrorist asset freezing act- protect collective rights from terror not individual suspected terrorist
what is an example of parliament failing to protect rights?
*parliament has sovereignty which means they could repeal any human rights laws]
- crime and security act 2001- several suspected terrorists held for years without trial
- clashes over ECHR
- the lords repealed policing bill
what are examples of government protecting rights?
- 2005 creation of Supreme Court
- there are proposals to replace HRA with UK bill of rights (codified document) and would end battle between judges
- HRA proposed by government
what are examples of government failing to protect rights?
- 1970s internment camps in Northern Ireland, people imprisoned without trial of suspected terrorists
- following 9/11 govt was allowed to hold suspected terrorists for Long periods of time without trail
- proposed policing bill which would restrict protests
what are examples of the courts protecting rights?
the law lords ruled that 2001 crime and security act was incompatible with ECHR, prisoners released
can go through process of judicial review
what percentage of judicial reviews are successful?
36% of judicial reviews are successful
what are examples of pressure groups protecting rights?
- liberty campaign against voter ID needed, successful so far
- Howard league- 2014 books allowed to be given to prisoners, overturned govt ruling
what are examples of pressure groups failing to protect rights?
- 2013 liberty failed to prevent introduction of secret courts to try major criminals without evidence being disclosed
- liberty also failed to prevent snooper charter 2017
- howard league have not secured prisoner voting rights
how is the ECofHR undermined in the uk?
parliamentary sovereignty means that parliament can choose to ignore decisions made by the Court
what is the proposed British bill of rights?
conservative attempt to repeal HRA and replace with bill of rights. (Cameron, May, Johnson)
how can the courts not be successful in protecting rights?
the Supreme Court can only advise government to change decisions regarding laws passed which may infringe rights as parliament are sovereign and are not bound to the courts
how has liberty been successful in protecting rights?
Counter protested against UK government action targeting ethnically diverse areas with campaigning against illegal immigrants which stopped the GOVT campaign.
how successful has Howard league been in protecting rights?
2017 legal challenge against Sec of State for Justice proved that the holding of a child in solitary confinement breached prison laws
how has Howard league been unsuccessful in protecting rights?
2017 case V Sec of State for Justice did not deem the confinement of a child ‘harsh and degrading’, despite breaching prison rules. Intervention in Supreme Court case v Sec of State for Justice on issue of solitary confinement led to little real change.
what example is there of court action?
Gina Miller fought for the UK to not trigger Article 50 and leave the EU without a parliamentary vote (act of parliament) through judicial review.
