rights in the UK are secure and established

• Argument 1: New Legislation and Judicial Independence

  • Independence → Supreme Court (2006) replaced Law Lords, ending executive interference (Miller v SoS, 2017).
  • Separation of Powers → Lord Chancellor’s role reformed (no longer head of judiciary), reducing political bias in appointments.
  • Checks on Government → Courts can strike down executive overreach (e.g., Miller case enforced parliamentary sovereignty).
  • Transparency → Lord Chief Justice now elected by judges, not politicians, ensuring impartiality. Judiciary acts as a rights safeguard against arbitrary government power.
• Argument 2: Pressure Groups and Civil Society keeping gov accountable

  • Help Advocacy & Legal Challenges → Amnesty International/Liberty campaigned to block HRA repeal, preserving ECHR protections.
  • Justice Campaigns → Hillsborough Justice Campaign forced a second inquest, exposing police misconduct (2016 ruling).
  • Public Mobilization → Groups amplify marginalized voices (e.g., Liberty’s protests against mass surveillance).
  • Policy Influence → Lobbying + media pressure pushes governments to act
• Counter-Argument 2: Limited Power of Pressure Groups

  • Parliamentary sovereignty ensures final authority rests with Westminster (e.g., Police crime and sentencing Act 2022 passed despite Liberty's judicial review)
  • Elite access politics favors corporate lobbies (e.g., private healthcare firms) over grassroots groups - BMA successfully influenced the Strike Bill amendmants to reduce impact of strike action
  • Reactive Rather Than Proactive → Groups like Amnesty achieve symbolic victories (e.g., HRA retention) but rarely shape core legislation - 2019-2023: Only 12% of parliamentary amendments came from NGO-backed proposals (Hansard Society)
• Argument 3: Historical Tradition of Civil Liberties

  • Foundational rights - Magna Carta (1215) established rule of law & due process (e.g., right to fair trial)
  • Progressive Legislation → Human Rights Act 1998 codified ECHR protections (e.g., Article 8 privacy rights)
  • Common Law Evolution → Judicial precedent upholds liberties (e.g., Entick v Carrington 1765 limited state searches)
  • The UK’s common law system has historically protected rights through judicial decisions, such as the right to freedom of speech.
  • UK has a strong rights-based culture, which provides a foundation for protecting individual freedoms.
• Counter-Argument 3: Erosion of Rights Through Legislation

  • Preventive Justice Model → Prevention of Terrorism Act 2005 introduced control orders (restrictions without trial), eroding presumption of innocence
  • Surveillance State Expansion → Investigatory Powers Act 2016 authorized:
  • Bulk data collection (mass surveillance)
  • Internet connection records (violating Article 8 ECHR)
  • Democratic Oversight Gaps → Secret courts (TPIMs) and ministerial warrants bypass proper judicial scrutiny

  Key Evidence:

  • 78% of control order subjects never charged (Liberty, 2018)
  • ECtHR ruled UK mass surveillance violated privacy (Big Brother Watch v UK, 2021)
• Counter-Argument 1: Parliamentary Sovereignty and Lack of Entrenched Rights

  • Constitutional Flexibility → No entrenched rights allows Parliament to override courts (e.g., Public Order Act 2023 restricting protests)
  • Majoritarian Vulnerability → Simple majority can repeal/amend protections (e.g., *2010/2015 Tory manifestos* proposing HRA repeal)
  • Elective dictatorship enables rapid rights erosion (e.g., fast-tracked security bills)