human rights

• what were rights before the HRA based on?

  common law
• when was Magna Carta?


  1215
• when did the ECHR become effective?

  1953
• when was the Data Protection Act introduced?

  1984
• When was the Freedom of Info Act passed?

  2000
• what did the HRA do for British law?


  codified the ECHR into British law
• what are some examples of the HRA defending individual rights?


  -2004: law banning homosexuals from inheriting council flats struck down

  -2011: a vulnerable adult can not be forced into a care home

  -2012: prevention of deportation of Abu Qatada
• how does the judiciary protect human rights?


  -exercise rule of law and have judicial review

  -judicial independence

  -judicial neutrality
• how does the judiciary have weak defence of human rights?


  -unaccountable and undemocratic

  -judges may work with parl. to advise legislation

  -can’t strike down primary legislation

  -unrepresentative and from a narrow social background
• how is parliament effective at defending human rights?


  -sovereignty

  -more representative of the public

  -has introduced all acts regarding human rights

  -democratically elected
• how is parliament ineffective at defending human rights?


  -parliament can suspend HRA

  -parliament unlikely to present checks on gov actions due to dominance of elected party

  -role of Lords undermines democratic element

  -MPs reluctant to champion unpopular elements