Politics assessment revision

What is citizenship?

Legal status of a member of a country

What does citizenship allow someone to hold?

Rights, duties and responsibilities

How do you exercise your citizenship

Through voting, following the law, taxation, holding government and council petitions, joining a political party, volunteering in your community, running for office

A case that's an example of citizenship

The case of Shamima Begum

How does the Shamima begum case show citizenship?

She had her citizenship revoked in 2019 by the Home Secretary because she joined a terrorist group called ISIS in Syria

What is a citizen?

A legally recognised member of a country.

What's an example of a citizen?

Someone who pays taxes or votes in an election

What are rights?

Freedoms and priviledges that citizens have within a state.

What are types of rights?

Absolute, universal, and fundamental

What are absolute rights?

Rights that can't be changed or diminished.

What are universal rights?

Rights that every human being should have, regardless of their race or gender

What are fundamental rights?

Rights that are an important part of life and can't be changed for any reason

How are rights expressed/shown as?

Using the phrases 'right to' or 'freedom from'

What are the main protections that individuals have from government interference/involvement?

Civil liberties

What do civil liberites protect?

Our rights as citizens, because the government cannot tamper with them

What do basic freedoms allow?

People to express themselves freely, without fear of oppression

What are characteristics should the law have (under the rule of law)?

It should be open and clear

What else should the law allow (according to the rule of law)?

No government interference

What does the Rule of law provide for citizens?

Restraints on the government as they should be held accountable for any wrong doing (no one is above the law)

What type of constitution does the UK have?

An uncodified consitution

What does an uncodified constitution mean?

The constitution that is not found in a single document

What happened 'as early as 1950'?

UK government signed the European Convention of Human Rights

When was the European Convention on Human Rights signed in the UK?

After the Second World War

Why was the European Convention on Human Rights signed in the UK?

To protect people's rights after the atrocities that happened under Hitler's rule

What are articles?

Rights and freedoms that people are entitled to expect

When was the European Convention on Human Rights enforceable in British courts?

In October 2000

What does the human rights act of 1998 impose?

a duty on all public authorises (including the courts) to act in a way that's compatible with convention rights

what does 'compatible with convention rights' mean?

A law/policy that doesn't violate human rights in the ECHR

What does the Human Rights act impose?

A duty on all public authorities (including public courts) to act in a way that's compatible with convention rights

What does 'compatible with Convention Rights' mean?

A law/policy/action that doesn't violate human rights

When can the Human Rights Act 1998 be used?

Only against public authorities

What are examples of public authorities?

Government departments, hospitals and the police

What do people nowadays need protection from (using the Human Rights Act 1998)

Private institutions

What's an example of a private institution?

A bank

Who supported the Human Rights Act?

Lord Chief Justice

Lord Woolf

What did Lord Chief Justice and Woolf say about the Human Rights Act?

Said that the government 'initiative' should be applauded

What are the problems in both the ECHR (European Convention on Human Rights) and the Human rights act have?

Do not have specific rights like the right to housing and/or income

What impact on judges did the Human Rights Act have?

A court considering a question connected with the Convention right must take into account any relevant judgement

What's the word to define 'any relevant judgment'?

Jurisprudence

Who brings forward the 'declaration of incompatibility'?

Judiciary brand of parliament

Give an example of declarations since the Human Rights Act?

H v Mental Health Review 2001

When did the H v Mental health Review Tribunal happen?

March 2001

What happened in the H v Mental Health Review Tribunal (2001) ?

• Court of appeal (civil division) held that two sections of the Mental Health Act 1983 breached the convention

• People were required to prove that they were no longer suffered from a mental disorder

• were detained because of this

What else did the Mental health act 1983 breach?

Right to liberty

What is article 11?

The Right to Association

What else is article 11 about?

Your right to protest through holding meetings (e.g trade unions)

What should article 11 do (in terms of restrictions)?

• Protect national security

• Protect others from crime

• Protect health or morals

• Protect the rights and freedoms of others

What does the Human Rights Act state about article 11?

Everyone has the right to freedom of peaceful assembly (protest) and freedom of association

What does Human rights act ALSO say about article 11?

No restrictions shall be placed on the exercise of rights other than such as are prescribed by the law

What's an example of a case relating to the right of association?

EDL protest

When did the EDL protest happen?

August 2010

Where did the EDL protest supposed to happen?

Bradford

What was EDL protest supposed to be about?

Against fascism

What does fascism mean?

Far-right political ideology

What did people want to happen to the potential EDL protest?

They wanted it to be banned

Why did they want the EDL protest to be banned?

Speculation that violent behaviour may occur

Was there police interference when it came to the EDL protest?

No because the EDL protest was not violent - Police can only get involved if violence occurs so the EDL protest could still occur (peacefully)7

What is article 10?

The right to expression

What does the article 10 protect?

Your right to have your opinions and express them feeling without government interference

What are brief examples of article 10?

Expressing views through:

-articles

-books

-leaflets

-TV & radio broadcasts

What are restrictions when it comes to article 10?

Needs to protect the rights of others, needs to protects public safety, health or morals and needs to prevent the disclosure of confidential information

What's an example of the restrictions of article 10 being exercise?

Lucy Connolly

Who is Lucy Connolly?

Conservative councillor's wife and known for publicly saying derogatory comments surrounding asylum seekers

Where did Lucy Connolly's opinions come from?

the Southport attack

Did Lucy Connolly encourage other people to say derogatory things towards asylum seekers?

Yes

What Lucy Connolly describe herself as?

'Sir Keir Starmer's political prisoner'

Did Lucy Connolly make hateful comments towards illegal immigrants?

Yes

What happened to Lucy Connolly's right to expression?

Speech got restricted because it infringed on the rights of others

What is article 6?

Right to a fair trial

What does article 6 highlight?

Everyone should have the right to a fair and public trial

When does 'the right to a fair trial' apply?

If you're charged with a criminal offence

What is included with a fair public trial?

• Held within reasonable time

• heard by an independent & impartial decision making

• Gives you relevant information

• Open to the public (unless the case is sensitive)

What is included with a criminal trial?

• Right to remain silent

• Attending your trial

• Having access to relevant information

• Presumed innocent until proven guilty

• Legal aid / finding for a lawyer if you can't afford it

• Have enough time to prepare for criminal trial

When is access to courts restricted?

If you bring a case without merit (evidence)

If you miss the time-limit for bringing a case

When are public & press denied access to a hearing?

-Public order

-Morals

-Children/young people

-Privacy

What are restrictions to a fair & public trial in place?

if the case is immigration, extradition, tax and voting rights

What is extradition?

A person returned to their country of citizenship

What happens if a court finds a piece of legislation is not compatible with Convention Rights?

It's called the declaration of incompatibility