Rights in context

Question 1

Human Rights Act 1998

Answer 1

Incorporated European convention into British law

Question 2

Freedom of Information Act 2000

Answer 2

Established the right to access information held by public bodies
- MPs expenses scandal leaked as a result

Question 3

Equality Act 2010

Answer 3

Established that public discrimination is illegal in categories such as gender reassignment, sexual orientation, and pregnancy and maternity
- Allowed parties to create all women shortlists

Question 4

Does the HRA effectively protect civil liberties in the UK

Answer 4

Flexibility - But can be repealed
Enhanced judicial powers - But not enough
Better than Bill of Rights - There are still pushes for a Bill of rights

Question 5

How does flexibility of the HRA protect civil liberties

Answer 5

Acts can be created and adapted to changes in society

Question 6

How does the Terrorism Act 2006 show that flexibility of the HRA is positive

Answer 6

It was created in repose to the 2005 London attack and extended the time for terrorist suspects to be held without charge to 28 days

Question 7

How has the HRA enhanced judicial powers to better protect civil liberties

Answer 7

Interprets law and can issue Declarations of Incompatibility which have an impact on parliament and legislation

Question 8

Example of a threat of Declaration of incompatibility having an effect on parliament

Answer 8

R Nicklinson v Ministry of Justice 2015, the court would have issues a DoI if the law of assisted dying hadn’t been debated in the house of commons

Question 9

How is the HRA a better alternative to a Bill of Rights

Answer 9

It provides adequate protection of rights, and a UK Bill of rights would lead to issues seen in the US such as the right to bear arms

Question 10

How does the ability to repeal the HRA show that it doesn’t effectively protect civil liberties in the UK

Answer 10

Governments can replace the hard work dome by previous governments

Question 11

Example of HRA being repealed

Answer 11

2010 coalition overturned the use of identity cards by Brown to ‘reverse the erosion of civil liberties by the Labour Government’

Question 12

How does the lack of power by judges shows that the HRA does not effectively protect civil liberties

Answer 12

As it is a convention rather than codified then Parliamentary sovereignty still remains
Parliament can still ignore DOIs and governments can still force through acts which challenge civil liberties

Question 13

How did the conservative government restrict the power of the judiciary

Answer 13

The Criminal Justice Act limited access to judicial review in 2015

Question 14

How do the pushes for bill of rights show that the HRA does not effectively protect civil liberties

Answer 14

David Cameron wanted to replace it with a Bill of Rights
Many believe that it would give Britain their identity back as a free nation and the lack of a codified constitution means that rights will never be adequately protected

Question 15

To what extent do judges effectively protect civil liberties

Answer 15

Judges have sufficient power to protect civil liberties under the HRA - But it is still too weak
DOIs threaten parliament enough - But they can be ignored
Judges in the UK are becoming more activist - But clashes between judges still occur

Question 16

How does judges having sufficient power under the HRA show that judges effectively protect civil liberties

Answer 16

They incorporate rights listed in the European Convention into British law

Question 17

Example of British judges incorporating ECHR into British law

Answer 17

Senior judges declared that foreign terrorist suspects were being held in Belmarsh Prison in a discriminatory manner according the to ECHR
The government released the detainees as a result

Question 18

How do DOIs show that judges effectively protect civil liberties

Answer 18

They threaten parliament enough to act on the declaration

Question 19

Example of parliament amending legislation because of a DOI

Answer 19

R v Secretary of State for International development 2018
SC found that the Civil Partnership Act was incompatibly with article 14 of the ECHR and issued a DOI which led to an amendment in 2019

Question 20

How have judges become more activist

Answer 20

The movement of the SC away from Parliament has made them an independent body
Not constrained by law lords and can rule on more active matters

Question 21

Example of judges being activist and protecting civil liberties

Answer 21

The introduction of the Equality Act 2010 means they can rule on all cases of discrimination

Question 22

How does the weakness of the HRA impact judges effectiveness on protecting civil liberties

Answer 22

The lack of written constitution means they cannot strike down an act of parliament

Question 23

Criminal justice Act

Answer 23

Limited access to judicial review in 2015

Question 24

How does that fact that DOIs can be ignored show that judges do not effectively protect civil liberties

Answer 24

Parliament is not obliged to change legislation based on the courts decision
The HRA is uncodified and has no power over sovereign parliament

Question 25

Example of DOI being ignored

Answer 25

Smith v Scott 2007
SC ruled that the basket ban on prisoner voting went against article 3 of ECHR and parliament did nothing about the declaration

Question 26

How do clashes between judges show that judges do not effectively protect civil liberties There

Answer 26

There are ideological splits on the SC

Question 27

Example division on the SC

Answer 27

Northern Ireland Human Rights Commission challenged the compatibility of abortion laws with the ECHR in 2018 and the division within the SC meant that they could not rule a DOI

Question 28

Griffith opinion on SC judges

Answer 28

Believes they are too conservative

Question 29

Evaluate the view that citizens can no longer feel confident that their rights in the UK are secure and established

Answer 29

Lack of codification - But, HRA is flexible
Judges don’t have enough power - But Judges do help protect civil liberties
But government can restrict civil liberties - Government helps protect rights

Question 30

How does lack of codification show that citizens can no longer feel confident that their rights in the UK are secure and established

Answer 30

A Bill of Rights would more adequately protect their rights, as the rights laid out in the Era are too vague and don’t protect specific areas of society

Question 31

How does lack of judicial power show that citizens can no longer feel confident that their rights in the UK are secure and established

Answer 31

HRA is too weak for the judges to enforce rulings and DOIs are frequently ignored (Smith v Scott 2007)

Question 32

How does government intervention show that citizens can no longer feel confident that their rights in the UK are secure and established

Answer 32

Emergency powers from covid have made the government powers too powerful
Strong majorities mean that governments can dictate civil liberties (identify card example)

Question 33

HRA is flexible to change

Answer 33

Acts can be created in response to events (Terrorism Act 2006)

Question 34

How does the judiciary protecting rights show that citizens should feel confident that their rights in the UK are secure and established

Answer 34

Judges are becoming more activist with the introduction of the 2010 Equality Act and help to challenge the government to protect rights (Belmarsh Prison example)

Question 35

How does the government protecting rights show that citizens should feel confident that their rights in the UK are secure and established

Answer 35

Strong majorities are becoming more rare so are more accountable and the government is improving rights (Equality Act 2010)
MPs are becoming moe active (Rwanda)

Question 36

Example of MPs being more activist

Answer 36

Rwanda Plan criticism from conservative MPs