Rules and Theory

Question 1

What are human rights?

Answer 1

The state’s obligation to protect individuals basic needs of life

Question 2

What are social/economic rights?

Answer 2

Basic rights to survival (food/water/shelter)

Question 3

What are civil/political rights?

Answer 3

Fundamental to a democratic society (liberty/expression)

Question 4

What are the components of HR?

Answer 4

• Inalienable (can’t take away)
• Universal (apply to all)
• Interdependent (all necessary)
• Indivisible (all of equal importance)

Question 5

What are the types of HR?

Answer 5

• Absolute (cannot interfere with eg. life/torture)
• Limited (article contains limitations eg. liberty unless under lawful detention)
• Qualified (state can interfere in accordance with law, if necessary in a democratic society and proportionate to achieve a legitimate aim eg. private life/assembly + association)

Question 6

What is the difference between rights and liberties?

Answer 6

• Rights = fundamental entitlement to privileges by virtue of being human (universal)
  –> Legal rights = time bound, right to enforce, cannot be compromised
  –> Historical rights = develop over time (Habeas Corpus)
• Liberties = right to freedom without state interference (state specific)
  –> Civil liberties = basic right to be free from unequal treatment

Question 7

What are Karl Vasek’s catagorisation of rights?

Answer 7

• 1st gen = state cannot interfere (life, torture, privacy, religion, expression)
• 2nd gen = state must protect (food, water, employment, education)
• 3rd gen = new/developing rights (self-determination, economic development, environmental protection)

Question 8

What where the five main theorists of HR and their beliefs?

Answer 8

• Vasek = catagorisation of rights
• Acquinas = natural law theory
• Locke = social contract to guarantee rights
• Rawls = veil of ignorance
• Dworkin = equality despite unpopular/controversial views

Question 9

What are the 5 main principles of justice relating to HR?

Answer 9

• Cultural relativism = HR different for different cultures
• Cultural imperialism = more powerful cultures asset dominance over less powerful ones
• Due process = fairness in process
• Unwritten constitution
• Theories of justice = natural law theory, positivism, utilitarianism, economic theory, social libertarianism

Question 10

Define the following terms:
- Doctrine of the separation of powers
- Rule of law
- Unwritten constitution
- Judicial review
- Habeas Corpus
- Provision
- Public authority
- Primary leglisation
- Secondary legislation

Answer 10

• Doctrine of the separation of powers = executive, legislative, judiciary
• Rule of law = no man above the law, no punishment without law
• Unwritten constitution = rights/responsibilities of people/state
• Judicial review = review if DL breaches HR
• Habeas Corpus = right to be brought before a judge
• Provision = what a section says/does
• Public authority = an agent operating on behalf/benefit of the state
• Primary leglisation = statute
• Secondary legislation = delegated legislation