Democracy and participation: Rights in context

Criteria for a human right

Absolute, universal and fundamental

Positive rights

Rights clearly given to a citizen in the form of a constitutional protection.

Negative rights

Rights that are not explicitly set out and exist only because of an absence of any law banning them.

Human Rights Act (1998)

Enshrined parts of the European Convention on Human Rights into UK law.

Why did the Human Rights Act give rights greater legal protection?

Common law, which has limited legal authority and can be easily superseded, was replaced by clear statute law.

Equality Act (2010)

Consolidated and codified all anti-discriminatory measures, relating to equality, including those based on gender, race, sexuality and disabilities, into one document.

Freedom of Information Act (2000)

Ensured political transparency by allowing citizens to access any non-security-related information held by public institutions.

Civic responsibilities

Duties which a citizen is expected to perform or abide by, in return for the rights and liberties that have been granted.

List reasons for conflicts over rights.

The Human Rights Act lets judges challenge government ministers.

The Human Rights Act makes it easier for ordinary people to challenge the government.

The increased threat of terrorism has led to the government taking actions in the interest of national security that conflict with individual rights.

Some believe that government ministers are extending their powers at the cost of civil rights and freedoms.

Give three arguments for why the Supreme Court is an appropriate body to defend human rights in the UK.

It ensures the rule of law and can use the HRA and its power of judicial review to ensure rights in the UK are fully respected.

The SC is independent and can defend rights based only upon the law, without political pressure.

The SC is neutral and can protect a person’s rights without discrimination.

Give three arguments for why the Supreme Court is NOT an appropriate body to defend human rights in the UK.

The lack of codified constitution means the SC cannot strike down primary legislation.

The justices work with Parliament to advise on the legality of legislation.

The SC is unrepresentative and is formed from a narrow social and gender background.

What can be done to improve democracy in the UK?

Codifying the constitution.

Compulsory voting.

Digital democracy.

Reform of the voting system.

Reform of the House of Lords.

Reform of the House of Commons.

Reform the devolved system.

Reform of the monarchy.

Greater recall of MPs.