Rules And Theory In Human Rights Law

Question 1

Protection of rights in the uk

Answer 1

Legislation
Judicial decisions
Documents such as the Magna Carta
Conventions
Authoritative writings

Question 2

General assembly of the United Nations

Answer 2

Universal declaration Of human rights
After ww2
Members of council signed the ECHR which allowed those with grievances against the state to challenge in Strasbourg 1966

Question 3

HRA

Answer 3

Passed by parliament to allow uk citizens to claim remedies for breach of human rights in uk courts
Allowed a uk court to declare that a piece of ok uk legislation was incompatible with convention rights

Question 4

Type of rights

Answer 4

Article 2- absolute
Article 5- limited
8,10,11- qualified

Question 5

A right

Answer 5

A freedom which everyone is entitled to

Question 6

Human rights

Answer 6

Based on respect for the individual
Are universal

Question 7

Development of human rights
Natural law

Answer 7

From Babylon spread to India, Greece, Rome
People tended to follow certain unwritten rules
And Roman law was derived from nature of things

Question 8

Development of human rights

Answer 8

Over time documents made such as Magna Carta
After ww2 universal declaration of human rights written

Question 9

Basic principles

Answer 9

Belong to every individual
Universal
Inalienable- cannot be taken away due to not wanting them to be used
Indivisible- cannot pick and choose which rights to accept
Human rights owed by the state to people

Question 10

Rights contrasted with liberties
Salmond

Answer 10

legal rights are separate from an interest
For example a right to defend property is separate from protecting one’s interest in life and property

Question 11

Rights contrasted with liberties 2

Answer 11

Legal rights can only exist where the holder of the right can enforce it by bringing legal action

Question 12

Rights contrasted with liberties 3

Answer 12

Where there is a right there is a corresponding duty of another
For example is x owes y £1000 then y has a legal right to be paid by x

Question 13

Contradictory views of these views

Answer 13

Austin- everyone has a right not to commit a crime but it is not easy to indemnify the corresponding right

Question 14

Liberties

Answer 14

Freedom from government and the ability to exercise the rights detailed in the constitution
Before HRA liberties were considered what you could do unless prohibited

Question 15

Liberties 2

Answer 15

Unlike a right a liberty merely implies the absence of a prohibition
This helps to clarify the distinction between English law pre and posy HRA

Question 16

Before HRA- liberties

Answer 16

Before HRA
the extent to freedom was decided by the prohibitions contained in legislation or common law

Question 17

After HRA- liberties

Answer 17

The absence of justification from an article shows a violation

Question 18

EU RIGHTS

Answer 18

Brings together all personal, civil, political and individual rights that are common to EU members
Forms part of the domestic law of each member state