Chapter 9 - Civil Liberties in the UK Flashcards Preview

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Flashcards in Chapter 9 - Civil Liberties in the UK Deck (15):
1

Define Rights

Legal or moral entitlements to have something or behave in a certain way

2

Define Civil Liberties

The fundamental freedoms enjoyed by citizens in a liberal democracy, properly limited only by those laws established for the common good

3

What are positive rights?

Rights explicitly set out to citizens, often entrenched

4

What are negative rights?

Liberties not explicitly set out, but exist in the absence of laws banning them

5

How are rights protected according to AV Dicey?

Through the actions of a sovereign, independent and robust Parliament
By the public refusal to accept oppression
Through Judge made case law

6

When was the Murder (Abolition of the Death Penalty) Act?

1965

7

When was the European Convention of Human Rights first established? By whom?

The European Court of Human Rights in 1950

8

What are the key features of the ECHR (Court)

-Est by Court of Europe
-Hears cases brought under HRA
-Based in Strasbourg
-Not an EU insitution

9

When was the Freedom of Information Act?

2000

10

When was the Data Protection Act?

1998

11

The HRA act in the UK can be...

Derogated (suspended) or repealed

12

Define derogation

A process by which a country is exempted from observing a regulation or law it has previously agreed to abide by

13

Define indefinite detention

The right to hold a foreign terrorist suspect indefinitely without trial (EG A and Others v Secretary of State 2004)

14

Define Control Order

A form of close house arrest allowed under the Prevention of Terrorism Act 2005 (2006- found to violate HRA)

15

In 2008 it was found what percentage of large public data base projects breached the DPA?

25%

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