history of human rights

What was said in the Policraticus 1159

The difference between a king & a tyrant is that a king rules by law - kings are constraints which protect the liberty of the individual from arbitrary gov

A tyrant would use physical force as authority for his acts

What is the Magna Carta 1215 & what did it do

King John signed a peace deal with his rebellious barons

Promised protection of church rights, protection of barons from illegal imprisonment, access to swift justice, & limitations o feudal payments to crown

Guaranteed limits to the kings power

What chapters of the Magna Carta are still in forced

Chapter 1 - protects the rights & liberties of the CoE

Chapter 9 - protects the rights & customs of the city of London

Chapter 29 - right to trial by a jury & freedom from arbitrary detention, the rule of law

What is said in the case of proclamations 1610

The king by is proclamation or other ways cannot change any part of the common law, or statute, or the customs of the realm

‘The king hath no prerogative, but that which the law of the land allows him’

What was decided in Dr Bonham’s case 1610

In many cases the common law will control acts of parliament

Allowed courts to perform judicial review

What did the bill of rights 1688 do in relation to the monarchy

Confirms the limits of the monarchy

Codifies basic civil rights & liberties

Declares that its illegal for the king to:

. Suspend or dispense with laws without parliaments consent

. Levy taxes without grant of parliament

. Give promises of fines before conviction

. Keep a standing army in peacetime without parliaments consent

What did the bill of rights 1688 do in relation to parliament

Confirms that parliament:

. Can have free elections

. Has freedom of speech within parliament

. Can hold frequent parliaments

What did the bill of rights 1688 do in relation to citizens

It confirms that citizens:

. May not have cruel & unusual punishment inflicted upon them

. May not be required to pay excessive fines for sureties

. Have the right to jury trail in treason cases

What is the Habeas Corpus Act 1679

Prevents the king wilfully ignoring the fact that prisoners have the right to challenge their detention by demanding a judicial review of their imprisonment → case being brought to court within 3 days

What was established in Somerset v Stewart 1772

There is no support in English law for owning slaves

The Slave Trade Act was abolished in 1807

Equal Franchise Act 1928

Equal voting rights for women

What does the universal declaration of human rights 1948 represent

The universal recognition that basic rights & fundamental freedoms are inherent to all human beings, and that every one of us is born free & equal in dignity & rights

When was the European convention on human rights adopted

1950 & ratified by the UK in 1951, coming into force in 1953

It’s ratified by all 47 members of the council of Europe & protects over 800 million people

What is the European convention on human rights Purpose

Designed to prevent large scale human rights abuses - such as those seen in WW2

Protects civil & political rights

Article 5 - right to liberty & security of person

Article 6 - right to a fair trial

Article 8 - right to respect for private & family life

Article 10 - right to freedom of expression

Article 11 - right to freedom of assembly & association

What is the purpose of the European court of human rights

Individuals & groups can apply for the court to hear their case if they believe any of the 47 states that have ratified the convention have breached the convention

Decisions are binding in international law

What is article 19

Ensures that states which signed up to the convention stuck by their assumed obligations under it

Examples of statute that uphold human rights

Race Relations Acts 1967 & 76

Sex Discrimination Act 1975

Disability Discrimination Act 1995

Equality Act 2010

Marriage (same sex couples) Act 2013

What does the Human Rights Act 1998 do

Incorporates the rights set out in the convention into domestic law

Protection of rights:

. Rights under the convention are directly enforceable in UK courts under s2

. Judges must under s3 read & give affect to other laws in a way which is compatible with the convention rights so far as it is possible to do so

. If an act of parliament breaches these rights the higher courts can declare the legislation to be incompatible under s4