Uk Politics 1.4 - Rights In Context Flashcards
What is the difference between the types of liberty pre and post the HRA 1998
Pre- negative liberty- do what u want as long as there is not a law against it
Post- positive liberty - all legislation has to be compliant with the HRA - checked by Judicial review
Who protects rights in the UK (3)
Parliamentary legislation eg. HRA
Pressure groups
House of Lords/ MPs
Why was the ECHR enshrined into UK law as the 1998 Human Rights Act
Before, citizens had to travel to Strasbourg to report infringements on their human rights which was expensive. After being enshrined in UK law, this process became more affordable and less exclusive
3 pros of the HRA
If the Law is incompatible with the HRA, the SC issues a declaration of incompatibility
HRA holds all institutions to account
it encourages education about rights
3 cons of the Human Rights Act 1998
Protects the ‘wrong’ individuals (prevents terror suspects being deported to unsafe countries)
unelected judges too much power
can be replaced by an act of parliament
Post 2000 two key protectors of rights
2000- Freedom of Information Act
2010- Equality Act
How has stonewall protected rights
Achieved the equalising of the age of consent despite the veto by the House of Lords. Parliament Acts allowed their veto to be overridden.
How has Care4Calais protected rights
Emptied the first plane to Rwanda through legal challenges over the human rights of the refugees
How has Howard League for penal Reform failed to protect rights
Failed at getting prisoners the right to vote
2 Pros of Judicial review
Defends civil rights by scrutinising the legality of government action
Pressure groups are able to fund individual cases for judicial review creating a broadly equal protection
1 con of Judicial review
Too much power in the hands of unelected judges
The use of Judicial review to protect the liberties enshrined in the human rights act
The Supreme Court used judicial review to strike down the government’s Rwanda deportation policy because it violated Article 3 of the Human Rights Act
How does Parliament protect rights (2)
Legislation such-as the Equal Rights Act 2010; House of Lords plays a key role in vetoing legislation that impedes rights eg. Veto of clauses of the Safety of Rwanda Bill that would have violated HRA
Threats from parliament to HRA (2 examples)
Policing Crime and Sentencing Act 2022 - Home Secretary decides which protests are ‘unacceptable’; proposed
British Bill of Rights which would make it easier to deport foreign criminals despite safety concerns
Collective vs individual rights
Covid restrictions limited individual rights to protect the population
Rights are well protected in the UK 3
1)HRA is effective
2)Judiciary effectively limits government from acting ‘ultra vires’
3)Pressure groups are effective
Rights aren’t well protected in the UK (3)
1)HRA is not entrenched and can be reversed by an act of Parliament
2) Judiciary is often criticised for its lack of diversity and unelected nature
3) pressure groups are not always effective
