Rights

• how are rights usually protected?

  codified constitution with an entrenched bill of rights.
• How are rights protected in uk

  become law overtime
• What are civil liberties?

  rights that a citizen has:

  • Freedom of speech

  • Freedom of religion

  • Freedom of association

  • Right to a fair trial
• What is the idea of a voluntary contract?

  Citizens enter a voluntary contract with the state (John Locke's Social Contract). In exchange for rights protection, citizens have duties:

  • Legal duties- obeying law, paying tax

  • Moral duties- voting, protecting environment
• What are the two types of rights?

  • Positive rights- clearly expressed as part of legislation.

  Negative rights- exist because no legislation bans or removes them
• How does the Magna Carta (1215) protect rights?


  No free man shall be seized or imprisoned, or stripped of his fights or possessions, or outlawed or exiled; nor will we proceed with force against him except by the lawful judgement of his equals or by the law of the land.
• How does the human rights act 1998 protect human rights?

  Incorporated European Convention on Human Rights (1950) into UK law.

  • Citizens can now challenge laws in UK courts as opposed to going to the European Court of Human Rights (ECHR).

  • UK courts can issue a 'declaration of incompatibility' which pressures the government to back down on a certain issue.
• How does the freedom of information act protect rights 2000?

  gov looks more transparent, allowing citizens to know info about who and how decisions were made. Any person has the right to access files from any government body unless it affects national security and other major exceptions.
• how does the equality act 2010 protect rights?

  illegal to discriminate in 9 areas:

  • Gender reassignment

  • Disability

  • Marriage/civil partnership

  • Pregnancy/maternity

  • Belief

  • Race

  • Sexual orientation
• How are rights protected in UK

  Judicial review- review of government decisions to ensure that they are lawful.

  If they have acted beyond their power, they are known as ultra vires.

  
  

  Judicial review can be requested by anyone for one of three reasons:

  • Authority has been exceeded.

  • Procedural impropriety

  • Acting irrationally or unreasonably

  
  

  Common law refers to rules that have been established. Judges have decided that some rules are so firmly rooted in society that they have the force of law. Statute law takes precedence over common law. Common-law such as the right to hunt with foxes was supplanted by statute law.
• Who can request judicial review?

  Judicial review can be requested by anyone for one of three reasons
• What reasons can judicial review be requested for?


  • Authority has been exceeded.

  • Procedural impropriety

  • Acting irrationally or unreasonably
• Is Uks judicial review effective?

  cannot overturn primary legislation passed by parliament. This is because, in the UK constitution, parliament is sovereign. courts can overturn secondary legislation, made by ministers, on the normal grounds of judicial review.
• Are our rights in the UK protected? YES

  The Human Rights Act ensures that rights are clearly set out and detailed.

  
  

  Our culture is based on the respect of

  
  

  Our judiciary is active in ensure that rights are respected.

  
  

  Pressure groups, such as Liberty, can help to stop the government undermining rights
• Are our rights in the UK protected? NO

  Restricted right to protest near Parliament.

  
  

  Gov has restricted freedom of movement by 'control orders.

  
  

  The media portrays the Human Rights Act as restricting rights

  
  

  As the government seeks to protect the UK from terrorism, citizens' rights
• What threaterns civil liberties in the UK?

  • Surveillance: UK has an extensive CCTV network, with roughly one camera for 14 people.

  
  

  • Stop and search: police are now able to stop any person without having to record why they stopped them.

  
  

  • Freedom of expression: laws against racial or religious hatred can be seen to undermine freedom of speech.

  
  

  Political demonstrations: police are using public order laws to prevent large protests
• How do pressure groups uphold rights?

  Liberty

  2013, they failed to stop the introduction of so-called 'secret courts', which permit terrorist suspects and major criminals to be tried without the evidence against them being disclosed in full.

  
  

  Howard League for Penal Reform 2014 High Court ruling that obliged the government to drop its ban on prisoners' families sending books to them.