rights in the UK are secure and established

• Introduction + Judgement

  • Rights in the UK are protected through a combination of legislation, common law, and international agreements, such as (HRA) and (ECHR).
  • While the UK has a long tradition of protecting civil liberties, concerns have been raised about the security of these rights due to parliamentary sovereignty and recent legislation that appears to curtail freedoms.
  • This essay will reject the view rights in the UK are secure and established, as parliamentary sovereignty, the lack of entrenched rights, and recent legislation undermine the protection of fundamental freedoms.
• Argument 1: New Legislation and Judicial Independence

  • Point: New legislation, such as the Constitutional Reform Act 2005 and the creation of the Supreme Court in 2006, has empowered the judiciary to protect individual rights more effectively.
  • Example:
  • The Supreme Court has demonstrated its independence by ruling against the government in cases such as R (Miller) v Secretary of State for Exiting the European Union (2017), which upheld parliamentary sovereignty over executive power.
• Argument 1: New Legislation and Judicial Independence

  • The Lord Chancellor’s role was reformed, separating the judiciary from the executive, and the Lord Chief Justice is now elected, reducing political bias in judicial appointments.
  • Significance: This suggests that the judiciary can act as a check on government power, ensuring that rights are protected and upheld.
• Counter-Argument 1: Parliamentary Sovereignty and Lack of Entrenched Rights

  • Significance: This demonstrates that parliamentary sovereignty allows the government to pass legislation that undermines rights, making them insecure and subject to political change.
  • Evaluation: While the judiciary can protect rights, its power is limited by parliamentary sovereignty, which allows the government to override rights with ease.
• rgument 2: Pressure Groups and Civil Society

  • Point: Pressure groups and civil society organisations play a crucial role in defending rights and holding the government accountable.
  • Example:
  • Amnesty International and Liberty campaigned to protect the HRA from being repealed by the Conservative Party, ensuring that the ECHR remains incorporated into UK law.
• Argument 2: Pressure Groups and Civil Society

  • Pressure groups like the Hillsborough Justice Campaign successfully campaigned for a second inquest into the Hillsborough disaster, leading to the police being ruled as acting unlawfully.
  • Significance: This shows that pressure groups can amplify public concerns and challenge government actions that threaten rights.
• Counter-Argument 2: Limited Power of Pressure Groups

  • Point: However, pressure groups lack the power to counteract parliamentary sovereignty and often face public and media opposition.
  • Example:
  • Despite protests and criticism from groups like Liberty, the government passed the Police, Crime, Sentencing and Courts Act 2022, which restricts the right to protest.
  • Media outlets like The Sun, with a readership of 4.2 million, often support government measures, undermining the influence of pressure groups.
• Counter-Argument 2: Limited Power of Pressure Groups

  • Significance: This demonstrates that pressure groups are often ignored by the government, particularly when their views conflict with public opinion or media narratives.
  • Evaluation: While pressure groups can raise awareness, their influence is limited by parliamentary sovereignty and public opinion, making rights insecure.
• Argument 3: Historical Tradition of Civil Liberties

  • Point: The UK has a long-standing tradition of protecting civil liberties, dating back to documents like the Magna Carta (1215), which established the right to a fair trial.
  • Example:
  • The HRA 1998 incorporated the ECHR into UK law, providing a legal framework for protecting rights such as freedom of expression and privacy.
• Argument 3: Historical Tradition of Civil Liberties

  • The UK’s common law system has historically protected rights through judicial decisions, such as the right to freedom of speech.
  • Significance: This suggests that the UK has a strong rights-based culture, which provides a foundation for protecting individual freedoms.
• Counter-Argument 3: Erosion of Rights Through Legislation

  • Point: However, recent legislation has eroded rights, particularly in the context of counter-terrorism and public order.
  • Example:
  • The Prevention of Terrorism Act 2005 introduced control orders, allowing the Home Secretary to impose restrictions on individuals without trial, undermining the presumption of innocence.
  • The Investigatory Powers Act 2016, known as the “Snoopers’ Charter,” allows mass surveillance, which critics argue violates the right to privacy.
• Counter-Argument 3: Erosion of Rights Through Legislation

  • Significance: This demonstrates that the government can pass legislation that undermines fundamental rights, making them insecure and subject to political priorities.
  • Evaluation: While the UK has a tradition of protecting rights, recent legislation has eroded these protections, undermining confidence in their security.
• Conclusion

  • Summary: In conclusion, citizens cannot feel confident that their rights in the UK are secure and established. While the judiciary and pressure groups play important roles in protecting rights, parliamentary sovereignty allows the government to override these protections with ease.
  • Final Judgement: The lack of entrenched rights, combined with recent legislation that curtails freedoms, means that rights in the UK are vulnerable to political change. Therefore, the view that citizens can feel confident in the security of their rights is largely invalid.