Rights in Context

Major milestones in their development, including the significance of Magna Carta and more recent developments, including the Human Rights Act 1998 and Equality Act 2010. • Debates on the extent, limits and tensions within the UK's rights-based culture, including consideration of how individual and collective right may conflict, the contributions from civil liberties pressure groups - including the work of two contemporary civil liberties pressure groups

Magna Carta 1215

* a document drawn up to limit royal power, established the right to 'trial by jury' (habeas corpus)
* oldest statement of rights in the UK

Bill of Rights 1689

landmark act in the constitutional law of England that sets out certain basic civil rights and clarifies who would be next to inherit the Crown

European Convention on Human Rights 1950

* drawn up after terrible violation in WW2
* set up the European Court of Human Rights which hears cases where people think their rights have been infringed upon in their own countries (but expensive and time consuming)

Human Rights Act 1998

passed by a Labour govt, rights such as the right to life and liberty could be defended in UK courts

Equality Act 2010

passed by a Labour govt, outlined 9 protected characteristics and made it illegal for any organisations to discriminate against people on these grounds

Why are certain rights guaranteed to citizens?

citizens of a democracy enter into a contract with the state: guarantees them certain rights in return for legal obligations and moral responsibilities

What is an indicator of growing prominence of rights?

* Increased use of judicial review

2000 = 4 240

2013 = 15 600

Advantage of judicial review

vital means of defending citizens rights, enabling legality of govt's actions to be properly scrutinised

Disadvantage of judicial review

places too much power in the hand of unelected and unaccountable judges

Why have judges been accused of creating a privacy law?

Their way of interpreting the Human Rights Act appeared to give priority to Article 8 of the ECHR (right to privacy) over Article 10 (right to freedom and expression) in high profile cases

* wealthy individuals had unfair advantage (2008: Max Moseley awarded damages when a story was published about his sex life)

Why have Conservatives argued for a 'British Bill of Rights'?

* to establish supremacy of British courts over ECtHR

(Abu Qatada deportation case)

How do rights of individuals come into conflict with govt policies?

2001 = 9/11

2005 = 7/7

led to govt measures that limit civil liberties in interests of protecting the wider community

What is judiciary review?

When judges review acts of Parliament and govt