Rights Flashcards
(36 cards)
In the UK, what are rights often referred to as?
Civil liberties
Human/ “natural” rights 3 points:
Absolute -> must be held up in all circumstances
Universal -> apply to people everywhere whatever state they are in
Fundamental -> they cannot be removed
Give an example of a Human/ “natural” right
The right to life
Freedom from torture
Freedom from slavery
What are civil liberties?
Fundamental rights and freedoms that ought to be protected from interference or encroachment by the state.
Give an example of a civil liberty.
Freedom of expression
Right to Privacy
Civil liberties 2 points:
Dependent upon citizenship -> they can differ from state to state
Contextual -> depends on the country/ state you live in
British citizens are given key responsibilities which are expected to be performed or abided by. What are these called?
Civic responsibilities
Give an example of a civic responsibility.
Respect and obey the law
Pay taxes
Vote
Serve on a jury
What did Liberal thinker JS Mill believe?
He considered civic responsibilities to be an integral part of civil rights and liberties.
Why has there been a concern that civic responsibilities are overlooked?
Many civic responsibilities aren’t written down,
so a British Bill of Rights would help to enshrine and make clear the civic responsibilities of a citizen, as well as their rights,
What are positive rights?
Positive rights are formally enshrined in constitutional documents (eg. bill of rights or declaration of the rights of man)
What are negative rights/ views?
Negative rights are reluctant to have positive legal confirmation.
What is the traditional UK view and then the traditional US and French view of positive vs negative rights?
UK: A negative view
US and French: A positive assertion
There has been a gradual incorporation of WHAT rights into Uk Law?
Positive
The European Convention of Human Rights (1950)
Made by the Council of Europe. Favoured by C________. (NOT to be confused with the EU - is s________).
Article 3 - Prohibition of torture
Article 6 - Right to a fair t_____
Article 8 - Right to respect for private and family life
Article 10 - Freedom of expression
Churchill
separate
trial
The Human Rights Act (1998) -> The ____ was taken directly written into UK law in 1998, making it accessible in UK courts.
ECHR (European Convention of Human Rights (1950))
What was good about the HRA (Human Rights Act) being passed in 1998?
For the first time, it clearly set out the positive rights a citizen holds.
Until then, rights had been characterised in a negative way, meaning a person had the right to do anything as long as it wasn’t expressly forbidden by the law.
The HRA gave rights a degree of codification, giving citizens greater legal protection and securing more democratic freedoms for the people.
What was bad about the HRA (Human Rights Act) being passed in 1998?
The Act was not entrenched, meaning it can be replaced. The Conservatives pledged to do this with a British Bill of Rights.
The Act cannot overturn primary legislation in parliament.
The Act can be ‘set aside’ by the government, as happened with the derogation of the rights of terror suspects after 9/11.
Human Rights Act 1998 case study)
The Court of Appeal held that Shamima Begum, who had left the UK aged 15 to join the I______ S____, should be allowed to return to the UK to participate in the legal case concerning the removal of her c___________.
At the time of writing, the Supreme a court is reviewing the case.
Islamic State
citizenship
The USA Bill of Rights is e_________, so it can only be changed by super majority of 2/3 Congress and 3/4 state legislations.
The UK Human Rights Act is not e_________, so it can be changed via a simple majority.
USA Bill of Rights = entrenched
UK HRA = not entrenched
In the USA Bill of Rights, the Supreme Court can “strike down” l__________.
In the UK Human Rights Act, the S______ C_____ can issue a “Declaration to incompatibility” (a declaration by a court that a piece of UK legislation is incompatible with the provisions of the ECHR. It cannot “strike down” legislation, BUT it has moral weight).
legislation
Supreme Court
How does a case of breach of the Human Rights Act work?
Case of Breach of the HRA -> Judicial Review -> Approved? -> Declaration of incompatibility -> govt may amend law
Why have their been more conflicts over rights since 1997?
- The introduction of the HRA has given judges more power to challenge govt ministers
- The introduction of the HRA has made it easier for ordinary people to use the judicial system to challenge govt ministers
- The increased threat of terrorism has a caused governments to take actions on the basis of national security, which conflict with individual rights
- There is perception that ministers are attempting to expand their powers at the expense of Civil rights and liberties
- In 2019, the Covid-19 pandemic saw the govt enact sweeping restrictions in the name of public safety but some groups, including some Conservative MPs, considered these restrictions as attacks on civil liberties and the actions of an over-powerful government,
Give an argument FOR the HRA
Speed of Access-> it can be accessed in British courts - no more up to 7 years time frame.
Notable cases of protection for the vulnerable or marginalised (eg. cannot keep DNA of those found not guilty)
