Theories

Question 1

What are Karl Vasek’s categorisation of rights

Answer 1

• 1st gen = prevent state interference (life, torture, fair trial, expression)
• 2nd gen = state protect right (food, water, education, healthcare)
• 3rd gen = new/developing rights (self-determination, economic, environmental)

Question 2

What are some theorists and their views on human rights

Answer 2

• Aquinas = natural law theory
• Locke = social contract
• Rawls = veil of ignorance
• Dworkin = equal, even if unpopular

Question 3

What are some ideas of justice

Answer 3

• Cultural relativism (different cultures morals)
• Cultural imperialism (superior culture)
• Due process (fair trial, legal representation, appeal)
• Principles of unwritten constitution
• Theories of justice (natural law theory, positivism, economic theory, social libertarianism)

Question 4

What are some key definitions and theories

Answer 4

• Doctrine of the separation of powers (executive, legislative, judiciary)
• Rule of law (no man is above the law, parliamentary soverignty)
• Unwritten constitution (rights and responsibilities of state and individuals)
• Judicial review (when delegated legislation breaches human rights)
• Habeas Corpus (“have my body”, right to a hearing)
• Provisions (whats contained in the article)
• Public authority (agent of the state)
• Primary legislation (statute)
• Secondary legislation (delegated legislation)