Paper 1 - Rights

Question 1

Arguments for and against Bill of Rights.

Answer 1

For:
- Provides protection for those who aren’t already protected by HRA
- Protects the individual from the state and the little man from big business interests
- HRA protects Abu Hamza and radicals like him, they’re not who we should be protecting
Against:
- Can’t entrench rights as no one government can bind another
- Fails to explore how you would go about protecting the vulnerable people
- Abu Hamza and those like him still deserve rights, terrorists deserve basic human rights too.

Question 2

What is an entrenched right?

Answer 2

A ‘higher law’ that is harder to change through repeals and amendments than others, meant to represent core values of the nation.

Question 3

How many entrenched rights does the UK have and why?

Answer 3

Zero.

1. We have had no ‘constitutional moment’, like a revolution, where the old constitution is thrown out and replaced with another one
2. The parliament is all powerful, and can make and break any laws they want.

Question 4

How does HRA challenge parliaments supremacy?

Answer 4

The Supreme Court can challenge the parliaments actions over the HRA, and if they don’t want to be deemed to be breaking the law, as it would look bad for the electorate, so they comply, eg Gina Miller, effectively binding future governments. However this is not entrenched either and can be gotten rid of by any government at any time.

Question 5

Advantages/Disadvantages to Supreme Court

Answer 5

Advantage - Better protection for minorities than MPs can because they have more things to focus on.
Disadvantage- Some feel that it takes political power away from the judicial system.

Question 6

Why is the fact most of these challenge parliamentary sovereignty not that important?

Answer 6

None of these laws are entrenched, so any government can take away these laws anytime they want.

Question 7

What did the Freedom of Information Act do?

Answer 7

Gave the public the right to know info held by public authorities.

Question 8

Examples of where FoIA was used?

Answer 8

Bailout out of Academy schools
MPs expenses scandal
Implants given t9 young teenage girls to cut teenage pregnancies

Question 9

Why is the FoIA significant?

Answer 9

Another way of holding the government to account, and protects rights and freedoms by providing transparency of public bodies, ensuring there isn’t a breach of these rights.

Question 10

What is the main aim of the HRA?

Answer 10

To incorporate the ECHR into UK law, so rights-based matters can be dealt with in UK courts. Also makes it illegal for any public body to go against the ECHR, allowing the Supreme Court to rule against them.

Question 11

Explain incompatibility and the HRA

Answer 11

The judiciary need to interpret Acts of Parliament in a way that’s compatible with the HRA, otherwise declaring it incompatible, which doesn’t affect these acts of parliament, although judges can strike down secondary legislation.

Question 12

‘British Bill of Rights’?

Answer 12

Tory plan to replace the HRA in 2015 election manifesto

Question 13

What is the equality act 2010?

Answer 13

Becoming law in October 2010, it made it clear how to make a workplace fair and in line with law.

Question 14

Name some of the things established within the Equality Act 2010.

Answer 14

• Employers have to make reasonable adjustments for disabled employees. They can only discriminate if it’s “a proportionate means of achieving a legitimate aim”.
• ‘Public Sector Equality Duty’ for public sector workers to eliminate discrimination and promote equality and equal opportunities.
• Employers can only ask ‘Health Related Equations’ when employing if they are a key asset to the job or if they plan on taking positive action for that person.