Human Rights and Judicial Review

Rights

A moral or legal entitlement to do something free from interference

Human Rights

Rights that are believed to belong to every person. These include the right to life, the right to freedom from torture and the right to free speech

Civil Rights

Any right that belongs to a person as a citizen. These include equality under the law, employee rights, and the right to vote

Civic Duty

Any responsibility that a person has as a citizen. This may also include voting, or taking up arms in a war

• Respect and obey the law

• Pay taxes

• Serve on a jury

Universal Declaration of Human Rights

The Universal Declaration of Human Rights was a document produced in 1948 that gave a common standard for all rights across the world

Human Rights Act

A law passed in the United Kingodm in 1998 which enshrined certain rights in UK law. The rights enshrined in the HRA are taken from the European Convention on Human Rights

Parliamentary Sovereignty

The idea that Parliament is the supreme legal authority - that Parliament cannot be restricted in what laws it passes by any other body or set of laws, or by itself.

How does the 1998 Human Rights Act advance the protection of rights?

Before 1998 rights were ‘negative’ in the sense the a person had the right to do anything not expressly forbidden by law.

HRA codified rights and clearly set out the first time the ‘positive’ rights a citizen possessed

How does the 2000 Freedom of Information Act advance the protection of rights?

Created a rights of access for citizens to information held by public bodies

What does the HRA protect?

• Right to Life

• Prohibition of torture and inhuman treatment

• Protection against slavery and forced labour

• The right to liberty and freedom

• The right to a fair trial and no punishment without law

• Respect for privacy and family life and the right to marry

• Freedom of thought, religion and belief

• Free speech and peaceful protest

• No discrimination

• Protection of property

• The right to an education

• The right to free elections

Judicial Review

A review of ministers and officials’ decisions to ensure they are lawful

Who can apply for judicial review?

• Anyone can apply for judicial review for one of 3 reasons

  • Authority has been exceeded

  • Procedural impropriety

  • Acting in an ‘irrational’ or ‘unreasonable’ way’

• Ministerial decisions and actions can be declared unlawful when they are ultra vires (acting beyond one’s legal power or authority)

How does the HRA empower the courts?

• Strengthens the judicial review process

• Strike down decisions made by government ministers - Secondary Legislation

• Issue ‘Declaration of Incompatibility’ with HRA - Against Primary Legislation

Examples of judicial review cases

• Abu Qatada deportation case

• Rwanda Bill

• Howard League for Penal Reform

• Liberty - Joanna Lumley