rules theory and protections of human rights law

Question 1

what are the 3 types of human rights

Answer 1

inalienable- cannot be taken away
universal- they apply to everyone
interdependent- contributes to a persons dignity

Question 2

what is the European convention of human rights

Answer 2

a convention in Europe set up after ww2

Question 3

3 types of rights within the ECHR

Answer 3

absolute meaning they cannot be taken away e.g. article 6 right to a fair trial
limited right- they can be limited/ taken when necessary e.g. article 5 right to. liberty can be taken away with prison
qualifyed rights- can be limited to protect others or when its in the public interest article 10 - freedom of expression

Question 4

what is the European court of human rights

Answer 4

a court is strasburg, peopl;e bring cases here if they believe there rights are infringed

Question 5

main sections of the human rights act

Answer 5

section 2- sates the act influences judges but there not bound by it
section 3- the law has to be applied in a way that is compatible with the human rights act
section 4- laws have to be adjusted to fit the human rights act, they can send a declaration of incompatibility
section 6- hra is applicable to all public authority
section 10- government does not have to listen to the declaration of incompatibility

Question 6

what is a bill of rights

Answer 6

• would be entrenched
• curb executive power
• provide clear guidlines for judges
• povuide fast track procedure

Question 7

pros and cons of a bill of rights

Answer 7

pros:
- controls the executive
- entrenched
- judges must uphold it
- would bring in new rights

cons
- not needed, rights are protected
- inflexable, not easily changed
- could led to uncertaintly
- incleased judicial power
- difficult to draft