Podcast notes: “Evaluate the effectiveness of rights protection in the UK.”
3 areas of focus:
- Whether there is a significant rights based culture in the UK
- The role of judges
- The role of politicians and the way representative democracy protects rights in the
UK
Definition: rights are legally protected freedoms which ideally everyone should have in a
democracy
YES NO (argue this one)
The existence of a rights based culture that has However, the UK constitution is not entrenched,
developed overtime which means that parliaments dominated by
How this has developed: government can overturn rights and liberties with a
- A strong common law culture (that that is simple act of parliament, thus undermining the
formed from judge made rulings that have UK’s culture of rights.
created rights that are not laid down by
laws or statutes) These two branches of governing (parliament and
- The rights of cohabiting couples/ government) have much more power in
the right to a fair trial were first laid determining which rights exist and which do not.
down by judges in rulings - Threats by conservatives to repeal
- Historical texts The Human Rights Act over the last
- The Magna Carta (rulers must decade (parliament and the
follow the law) government are not to be trusted
- Later pieces of legislation when defending individual liberties)
- The Bill of Rights 1689 (rulers must
govern the with consent of the The ability of parliament/ government to threaten to
people’s representatives in remove acts enforcing rights shows that the UK’s
parliament) rights based culture is not secure.
- Representation of the People Act
1948 (one person one vote, Rights have also been suspended when it suited
removed right of university government
members to have two votes) - 1970s: Government introduces
imprisonment in Northern Ireland
Allows people the use UK courts to overturn without trial for suspected terrorists
decisions of local authorities that infringe on their (not a single IRA terrorist was then
rights charged) (locking up innocent
- The Equalities Act 2010 (outlaws people)
discrimination on the basis of age,
disability, gender reassignment, Increasing pressure of government to curtail rights
marriage or civil partnership, race, in the name of national security
religion, sex, sexual orientation) - Pressure government has placed on
social media companies e.g.
People can cite their rights to receive just WhatsApp to allow crime fighting
treatment involving employment, pay, provision of agencies access to encrypted
services, healthcare, housing, education and law messages (right to privacy conflicts
enforcement and other areas. Has created a rights with national security)
based culture.
If we have a government that is often on the side
of national security and curtailing our rights, this
poses a threat to the security of the UK’s rights
based culture.
3 areas of focus:
- Whether there is a significant rights based culture in the UK
- The role of judges
- The role of politicians and the way representative democracy protects rights in the
UK
Definition: rights are legally protected freedoms which ideally everyone should have in a
democracy
YES NO (argue this one)
The existence of a rights based culture that has However, the UK constitution is not entrenched,
developed overtime which means that parliaments dominated by
How this has developed: government can overturn rights and liberties with a
- A strong common law culture (that that is simple act of parliament, thus undermining the
formed from judge made rulings that have UK’s culture of rights.
created rights that are not laid down by
laws or statutes) These two branches of governing (parliament and
- The rights of cohabiting couples/ government) have much more power in
the right to a fair trial were first laid determining which rights exist and which do not.
down by judges in rulings - Threats by conservatives to repeal
- Historical texts The Human Rights Act over the last
- The Magna Carta (rulers must decade (parliament and the
follow the law) government are not to be trusted
- Later pieces of legislation when defending individual liberties)
- The Bill of Rights 1689 (rulers must
govern the with consent of the The ability of parliament/ government to threaten to
people’s representatives in remove acts enforcing rights shows that the UK’s
parliament) rights based culture is not secure.
- Representation of the People Act
1948 (one person one vote, Rights have also been suspended when it suited
removed right of university government
members to have two votes) - 1970s: Government introduces
imprisonment in Northern Ireland
Allows people the use UK courts to overturn without trial for suspected terrorists
decisions of local authorities that infringe on their (not a single IRA terrorist was then
rights charged) (locking up innocent
- The Equalities Act 2010 (outlaws people)
discrimination on the basis of age,
disability, gender reassignment, Increasing pressure of government to curtail rights
marriage or civil partnership, race, in the name of national security
religion, sex, sexual orientation) - Pressure government has placed on
social media companies e.g.
People can cite their rights to receive just WhatsApp to allow crime fighting
treatment involving employment, pay, provision of agencies access to encrypted
services, healthcare, housing, education and law messages (right to privacy conflicts
enforcement and other areas. Has created a rights with national security)
based culture.
If we have a government that is often on the side
of national security and curtailing our rights, this
poses a threat to the security of the UK’s rights
based culture.
