Rights in context

Question 1

Human Rights Act (1998)

Answer 1

incorporated European convention on human rights I to uk law,

Question 2

Freedom of information act (2000)

Answer 2

Allowed citizens to view information held on them by public bodies

Question 3

Equality act (2010)

Answer 3

Established equality for all in society, outlawed discrimination based on: age, race, gender, sexual orinetation, disabilty ect

Question 4

What kind of laws passed have undermined the HRA?

Answer 4

Anti-terrorism laws. E.g Blair goverment allowed to hold suspected terrorists for long periods without trial\
crime and security act 2002

Question 5

What are the strenths of rights in the uk?

Answer 5

• Strong common law tradition
• uk subject to ECHR
• judiciary reputation for being independant and upholding law
• principle of equal rights established

Question 6

What are the weaknesses of rights in the uk?

Answer 6

• 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

Question 7

What are examples of individual rights?

Answer 7

• Freedom of expression
• right to privacy
• right to press freedom
• right to demonstrate in public

Question 8

Examples of collective rights?

Answer 8

• 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

Question 9

how did the magna Carter improve rights?

Answer 9

1215- guaranteed rule of law

• right to fair trial
• established habeas corpus (immunity from illegal imprisonment)
• everyone equal before the law

Question 10

how did the bill of rights 1687 improve rights?

Answer 10

set out basic civil rights.

• limited power of the monarch
• set up requirements of parliament (free speech and free and fair elections)

Question 11

what are civil liberties?

Answer 11

citizens rights and freedoms

e.g right to fair trial

Question 12

what are residual rights

Answer 12

every citizen is assumed to have rights unless prohibited by law

Question 13

what is an example of common law?

Answer 13

set by judicial precedent

e.g murder, manslaughter and common assault

Question 14

what is an example of parliament protecting rights?

Answer 14

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

Question 15

what is an example of parliament failing to protect rights?

Answer 15

*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

Question 16

what are examples of government protecting rights?

Answer 16

• 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

Question 17

what are examples of government failing to protect rights?

Answer 17

• 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

Question 18

what are examples of the courts protecting rights?

Answer 18

the law lords ruled that 2001 crime and security act was incompatible with ECHR, prisoners released

can go through process of judicial review

Question 19

what percentage of judicial reviews are successful?

Answer 19

36% of judicial reviews are successful

Question 20

what are examples of pressure groups protecting rights?

Answer 20

• liberty campaign against voter ID needed, successful so far
• Howard league- 2014 books allowed to be given to prisoners, overturned govt ruling

Question 21

what are examples of pressure groups failing to protect rights?

Answer 21

• 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

Question 22

how is the ECofHR undermined in the uk?

Answer 22

parliamentary sovereignty means that parliament can choose to ignore decisions made by the Court

Question 23

what is the proposed British bill of rights?

Answer 23

conservative attempt to repeal HRA and replace with bill of rights. (Cameron, May, Johnson)

Question 24

how can the courts not be successful in protecting rights?

Answer 24

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

Question 25

how has liberty been successful in protecting rights?

Answer 25

Counter protested against UK government action targeting ethnically diverse areas with campaigning against illegal immigrants which stopped the GOVT campaign.

Question 26

how successful has Howard league been in protecting rights?

Answer 26

2017 legal challenge against Sec of State for Justice proved that the holding of a child in solitary confinement breached prison laws

Question 27

how has Howard league been unsuccessful in protecting rights?

Answer 27

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.

Question 28

what example is there of court action?

Answer 28

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.