Relationship Between The Branches Flashcards
What are Rights ?
Legally protected freedoms that everyone should have in democracy, they are an absolute, universal and fundamental
What are your rights in the UK ?
• Fair treatment by the law
• Freedom of Expression
• Freedom of conscience
• Political Freedom
• Freedom of movement
• Freedom to join trade union
How has the UK Right Provision developed rights?
Explains how effectively it protects rights
How has the Magna Carts 1215 developed rights ?
Imposed restrictions on monarchy to not abuse power and gives right to fair trial
How has Common Law Rights developed rights ?
Everyone is entitled to their rights unless prohibited by the law
(Can do what you want unless breaking law)
How has the Human Rights Act 1988 developed rights ?
Lays out every single right of the people
“Replace the patchwork between statute and common law”
How has the Freedom of Information Act 2000 developed rights?
Labour government of 97’ made info requestable and more available to public such as tax authorities and school info
How has the Equality Act 2010 developed rights?
All decision making must take into account formal equality in all sections of society
Discrimination against protected characteristics are not allowed
What are some conflicting rights ?
• Habeas Corpus conflicts with the right to feel safe from terror attacks
• Freedom of Expression conflicts with the right of religious groups not to be the centre of comedy
How are rights protected ?
• ECHR
• Common Law Tradition
• Equality Act
• Judiciary is independant
How are rights not protected ?
• Parliament can ignore ECHR
• Common Law is vague
• Government is under pressure to protect collective rights rather than individual
Role of Judiciary ?
Dispense everyday justice and hear all criminal cases / civil disputes
Role of Senior Judiciary ?
Ensure neither of the other branches exceed their power, threaten the liberty of citizens or break the principle of rule of law
Role of Judges ?
• Dispense Justice
• Interpret and apply the law
• Decide on sentencing in criminal cases
• Chair public enquiries
• Review legislation
Supreme Court ?
A neutral court established to achieve a complete separation between senior judges and the upper house of Parliament to emphasize the independence of the law lords, it is the final court of appeal and holds the power to overturn previous judicial decisions
How are people elected to Supreme Court ?
Independent panel of lawyers appoint a member to be neutral and so are not elected
Positives of Supreme Court ?
• Neutral
• Separated Powers
• Defends human rights
• Stops government abusing power
• There to review work of other courts
Negatives of Supreme Court ?
• Unelected
• Undermines Parliamentary sovereignty
• Defends human rights too much and doesnt think of the collective (belmarsh)
• Not representative of England’s population
Examples of cases in Supreme Court ?
2004 Belmarsh case - Gov wanted to imprison suspected terrorists without trial but the court refused and the gov responded by creating a new house arrest to lock suspects in their house for 18hrs a day, the court responded lowering it to 16.
