Rights in Context Flashcards
How did the Magna Carta develop UK human rights? When did this happen? - Rights in Context
Legal document signed by King John which established the rule of law in England and secured the right to a fair trial. Established in 1215.
How did the Bill of Rights develop UK Human Rights? When did this happen? - Rights in Context
Established frequent election, freedom of speech for representatives in the HoC, meant monarch couldn’t act above the law, monarch couldn’t reject money bills, outlawed cruel punishments. Established in 1689.
How did the European Convention on Human Rights develop UK Human Rights? When did this happen? - Rights in Context
Protects the rights of citizens from oppressive governments and regimes. Established freedom of expression/religion/association/life/sexuality. Drafted with assistance of UK in 1950.
How did the Human Rights Act develop UK Human Rights? When did this happen? - Rights in Context
The Human Rights Act established the ECHR in the UK, making it legally binding on all organisations and people. Also passed the Data Protection Act. Established in 1998.
How did the Freedom of Information Act develop UK Human Rights? When did this happen? - Rights in Context
Increased transparency of government and meant that there was not excessive government suppression of information. The public now know more about governmental processes. Established in 2000.
How did the Equality Act advance UK Human Rights? When did this happen? - Rights in Context
Forced all future government legislation to conform to equality standards, meaning it could not discriminate against any group in society. Made minorities feel safer. Established in 2010.
What major issue surrounds the 1998 Human Rights Act? - Rights in Context
The Act is not binding on the UK Parliament, which can overrule this act due to the principle of Parliamentary Sovereignty. Therefore does little to protect UK Citizens from totalitarian governments.
What are civil liberties and negative/residual rights? - Rights in Context
Civil liberties are rights and freedoms of citizens protecting them from unfair and arbitrary government treatment.
Negative/residual rights are rights believed to be guaranteed unless otherwise stated in law.
What are active citizenship and ‘rights based cultures’? - Rights in Context
Active citizenship is the idea of rights being granted to citizens based on an informal contract with state based on obligations, moral responsibility etc.
‘Rights based culture’ is the idea that rights are now paramount in the UK’s governance in that all legislation should comply with rights.
What are judicial review and judicial precedent? - Rights in Context
Judicial review is the process of taking a government to court with the belief that rights of citizens have been infringed on.
Judicial precedent is the idea that following the establishment of common law by a judge, all lower courts are bound by that law.
What type of pressure group are Liberty and how many members do they have? - Rights in Context
Liberty aim to protect human rights and justice/freedom. They currently have a membership of 11,000.
What recent campaigns have Liberty undertaken? (2020) - Rights in Context
Campaigning against the introduction of ‘Immunity Cards’ once vaccinated against COVID-19, challenging and campaigning against government ideas to review the Human Rights Act, support for civil liberties and the right to protest.
How does Liberty aim to exert influence? - Rights in Context
Liberty utilises petitions and popular support for its campaigns to apply pressure on a government to act in its interests. They also employ a group of lawyers to provide expert legal advice and defence for its clients. Have also lobbied MPs.
How has Liberty been successful in the protection of Human Rights? - Rights in Context
In 2015 launched a legal challenge with Tom Watson MP and David Davis MP arguing a Data Retention Act conflicted with HRA. Counter protested against UK government action targeting ethnically diverse areas with campaigning against illegal immigrants which stopped the GOVT campaign.
Provided legal representation to Catherine Gun in 2004.
How has Liberty been unsuccessful in the protection of Human Rights? - Rights in Context
Launched an unsuccessful case against Theresa May’s ‘Snooper’s Charter’. Struggled to force change on government policy against coronavirus, especially national lockdowns and measures which curbed civil liberties.
What type of pressure group is the Howard League? How many members does it have? - Rights in Context
The Howard League aims to protect human rights and justice. It has a membership of 13,500.
What recent campaigns have the Howard League undertaken? (2020) - Rights in Context
Aiming to improve justice and fairness within prisons, getting to the root of the problem whereby children in care find themselves entangled in crime more. Pursuing the rights of children in the criminal justice system. Problem gambling.
How does the Howard League aim to exert influence? - Rights in Context
The Howard League provide legal support to those struggling with the penal system/criminal justice system. They strive for ‘policy change’ by government and launch public campaigns. They have a legal team that debates issues and policy reform.
How has the Howard League been successful at protecting rights? - Rights in Context
2017 legal challenge against Sec of State for Justice proved that the holding of a child in solitary confinement breached prison laws. 2013 successfully challenged Lord Chancellor that funding cuts to prisoners’ legal aid was unfair.
How has the Howard League been limited in protecting rights? - Rights in Context
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 evidence is there of Parliament successfully protecting rights? - Rights in Context
The 1998 Human Rights Act, 2010 Equality Act, 2000 Freedom of Information Act and 1998 Data Protection Act all protect rights.
One of the roles of an MP is to deal with the grievances of citizens if they feel a public body has infringed upon their rights.
What evidence is there of Parliament failing to protect rights? - Rights in Context
Parliament remains sovereign, meaning it can override/repeal any and all statutes protecting the rights of citizens.
The current Conservative Party and prominent backbenchers are assessing plans to repeal the Human Rights Act in order to bypass blocks on its migration policies.
What evidence is there of Government successfully protecting rights? - Rights in Context
The Constitutional Reform Act 2005 created the Supreme Court and increased independence of the judiciary by removing powers of Law Lords/Lord Chancellor.
Tory Governments since 2010 have pledged to repeal the 1998 HRA and replace it with a British Bill of Rights with better protection of rights.
What evidence is there of Government failing to protect rights? - Rights in Context
In the early 21st Century, Labour Govt attempted to hold terror suspects for lengthy periods without trial, infringing on Habeas Corpus and the Rule of Law.
Internment was allowed of Irish Terror Suspects during the troubles.
Prisoners are not given the right to vote despite an ECHR ruling.
What evidence is there of the courts successfully protecting rights? - Rights in Context
The Supreme Court has created a non-political place of appeal for the most important cases of human rights. Judicial precedents established as common law bind all courts below it. Judicial review, such as Sutherland v HM’s Advocate protected rights of children under ECHR.
What examples are there of use of judicial review? - Rights in Context
Gina Miller fought for the UK to not trigger Article 50 and leave the EU without a parliamentary vote through judicial review. The Good Law Project found that the government’s PPE procurement VIP lane was unlawful as it breached the principle of ‘equal treatment’ in the awarding of contracts.
What evidence is there of the courts failing to protect rights? - Rights in Context
The Supreme Court cannot strike down legislation due to Parliamentary Sovereignty, can only advise on change. The judiciary is believed to usually favour the establishment, with only 36% of judicial reviews being successful.
What percentage of judicial reviews are successful? - Rights in Context
36% of judicial reviews are successful.
What evidence is there of pressure groups successfully protecting rights? - Rights in Context
Groups such as Liberty and The Howard League campaign to protect rights of UK Citizens. Stonewall aims to protect and advance the rights of LGBTQ+ Citizens.
What evidence is there of pressure groups failing to protect rights? - Rights in Context
The Countryside Alliance went to the ECtHR arguing that a hunting ban infringed on their human rights. Their appeals were rejected. The Howard League has also failed to succeed in getting prisoners the right to vote in the UK.
What strengths are there of common law in the protection of rights? - Rights in Context
A judge is able to establish a judicial precedent that binds all lower courts to a ruling. This allows the judiciary to rule on the rights of citizens based on establishing common law.
What weaknesses are there of common law in the protection of rights? - Rights in Context
Common law can be overwritten by parliamentary statutes, meaning that judicial precedents would no longer apply. Judicial precedents can also be overwritten by higher courts, making the process confusing to follow.
What strengths are there of an independent judiciary in the protection of rights? - Rights in Context
It means the judiciary is given the sole purpose of upholding the law in a legally correct way. A government’s wishes are not placed above the legally enforceable rights of citizens and therefore citizens’ rights are protected.
What weaknesses are there of emergency government powers in the protection of rights? - Rights in Context
Emergency powers are often very drastic and radical and can lead to serious infringements on human rights during national crises. Basic liberties enjoyed by citizens can be under threat.
What arguments are there in favour of reforming the Human Rights Act and establishing a British Bill of Rights? - Rights in Context
Would mitigate ECtHR influence in the UK and strengthen sovereignty of UK Courts, UK Supreme Court would be Supreme, could establish a responsibility-based culture around rights, may allow for an advancement of freedoms in law, would remove politicisation of the judiciary.
What arguments are there against reform of the Human Rights Act and establishing a British Bill of Rights? - Rights in Context
Gives a government excessive power over the granting/extinguishing of rights, risks the removal of all rights of citizens, could lead to judicial tyranny, may politicise the rights of citizens which should be universal regardless of allegiance.
