ways to protect rights

Cards (6)

  • government legislation
    Parliamentary sovereignty gives government power to adjust laws through secondary legislation and protect righrs
    • Equality act 2010 was government legislation
    • HRA, incorpoarting ECHR to UK law, has ensured a legal protection of universal rights
    • Uncodified nature of the constitution makes it flexible
  • government legislation counter
    Recent tory government have expressed wanting to scrap HRA and replacer with British bill of rights as they want to leave EU jurisdiction and law.
    • See with blocking gender recognition bill in Scotland
    • Government with strong majorities have power to scrap legislation
    • Rwanda bill - ping pong politics - controversy of breaching human rights
  • pressure groups educate and protect minority rights
    • Issue groups utilised direct action to raise awareness on critical social issues like civil liberty
    • Liberty "Save our HRA" campaign
    • protesting against Rwanda bill pass - "branded parliament a crime scene"
  • pressure groups counter - measurement of success of groups
    • pressure groups measure success through wealth, status and membership
    • alongside this, pressure groups can only influence, for an example the goal contradict a government policy
    • 2015 - NHS - new policy for NHS run 7 days with nurses and BMA failed to get this stopped
    • This leads to alienate the public - use of violent action or disrupting the public like stop oil on the motorway
  • the courts
    • the Supreme Court was created from the constitutional reform act of 2005
    • independent branch ensuring UK stays within its own constitutional borders
    • Make sure legislation is in line with ECHR , a layer of checks and balances on the UK
    • R miller case
    • Boris johnson peroguing parliament - unlawful
    • judicial review - right to a fair hearing - legacy act
  • the courts counter
    • Supreme Court can't strike down, acts as advisory and not legally binding
    • sole job is to interperet statutes - tories scrapping HRA to replace with British bill of rights
    • Blocking Scottish referendum
    • representation in Supreme Court can argue to not protect rights - 1 woman , 10 males