UK Politics - Democracy and Participation - Rights in Context Flashcards
What are Civil rights?
They are rights that encompass how entitled individuals and the public are
What are individual rights?
Individual rights are rights such as privacy and freedom of expression
What are collective rights?
Are rights which society can claim such as the right to be protected from violence, the right to a clean environment and the right to roam free in the countryside etc
How have the rights of British citizens been determined and protected?
They have been determined and protected through constitutionally significant events e.g. the Magna Carta. As well as this, Judges have defined the nature of our civil right in important common law cases, setting a judicial precedent to be followed in future disputes
What was the Magna Carta and when was it?
It was in 1215 and provided the foundation for British civil liberties by stating that the law should be impartial and that no free man should be convicted of a crime unless he has been fairly tried
What was the Bill of rights and when was it?
It was in 1689 and William III agreed to govern with the consent of parliament, thereby establishing the principle of a constitutional monarchy bound by law
What was Somerset vs Stewart and when was it?
It was in 1772, when Lord Mansfield stated that slavery within the UK was illegal as it hadn’t been legislated by an act of parliament and was unsupported by common law
What was Entick vs Carrington and when was it?
It was in 1765, where Lord Camden layed down the principle that government officials ‘cannot exercise public power unless such exercise of it is authorised by some specific rule of law’. In short: the government can only act according to the law protecting the rights of citizens from despotic rule
What was the Representation of the People’s Act 1928?
It established the principle of universal suffrage in the UK
Since Tony Blair in 1997, how have the approaches towards British civil liberties changed?
Instead of primarily relying on common law decisions and constitutional conventions p, there has been greater emphasis on the codification of what the positive rights of British citizens are
What are 3 key Civil rights acts in Britain?
- The human rights act 1998
- the freedom of information act 2000
- the equality act 2010
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This act incorporates the European convention of human rights fully into law in Britain that wasn’t previously accepted to be binding on British courts. The act came into force in 2000
- the HRA established clear rights that we are all legible for e.g. the right to life and fair hearing
What was the freedom of Information act 2000?
It established the ‘right of access’ to information held by public bodies as long as it doesn’t compromise national security. This act provides the public with the opportunity to know the way in which public bodies operate. The MP’s expense scandal in 2009 was exposed as journalists were able to demand access to information through this act
What was the equality act 2010?
It was an act of parliament that established equality before the law for all citizens. This act consolidates existing legislation and states that in public life, discrimination is illegal through: age, disability, gender reassignment, race, religion, sex, sexual orientation, marriage, pregnancy
In what ways have our rights been protected?
- the Anti terrorism crime and security act 2001
- the 2005 serious crime and police act
- the terrorism act 2006
- crime sentencing and courts act 2022
