1.4 Rights in context
Human rights & civil liberties –
Individual rights – such as to privacy and freedom of expression – which all individuals
can claim.
Collective rights – which society can claim – such as to be protected from violence and to
a clean environment.
Uncodified constitution – citizen rights determined and protected through
constitutionally significant landmark events e.g., Magna Carta.
Judges have defined rights in common law cases – setting a judicial precedent.
Acts of Parliament further developed rights.
Rights – traditionally negative or residual – everything that is not expressly forbidden
belongs to our rights – no single document:
Magna Carta 1215 – foundation for British civil liberties by stating the law should be
impartial & the right to a fair trial.
Bill of Rights 1689 – William III to govern with consent of parliament, establishing the
principle of a constitutional monarchy bound by law.
Somerset v Stewart 1772 – slavery illegal – not legislated for by an Act & unsupported by
common law. Set the precedent for the elimination of slavery.
Entick v Carrington 1765 – government can only act according to the law protecting
citizens’ rights from despotic rule.
Representation of the People Act 1928 – universal suffrage.
Rights-based culture since 1997 –
Since Blair’s premiership, the approach toward British civil liberties has changed –
greater emphasis on the codification of positive rights, instead of primarily relying on
common law decisions & constitutional conventions.
HRA 1998
Incorporates the European Convention on Human Rights fully into British law.
Came into force in 2000 - citizens have a clear statement of their civil liberties, which
is enforceable in courts.
Clearly establishes the positive rights that we are all equally eligible for, such as the
right to life & a fair hearing.
Freedom of Information Act 2000
, Established a ‘right of access’ to information held by public bodies (if it does not
compromise national security).
Came into force in 2005 – gives the public the opportunity to know more about how
public bodies (such as NHS) operate and can access information held about them.
2009 MPs’ expenses scandal was exposed because journalists could demand access
to this information through the Act.
Equality Act 2010
Established equality before the law for all citizens.
Consolidates existing legislation & states that in public life, discrimination is illegal in
9 areas:
Age
Disability
Gender reassignment
Race
Religion/belief
Sex
Sexual orientation
Marriage & civil partnership
Pregnancy & maternity
Civic responsibility & the restriction of civil liberties –
Responsibilities enforced by law – paying taxes, jury service.
Responsibilities expected – voting.
Public does not have the right to act in any way. Freedoms can be restricted if govt
decides that they are likely to endanger the collective good of society – most likely if
there is a threat to national security.
Following terrorist attacks in New York & Washington DC and London in 2005, several
Acts were passed to protect the public from further attack:
Anti-Terrorism Crime and Security Act 2001 – imprison foreign terrorist suspects
without trial.
Serious Organised Crime and Policy Act 2005 - limited right of protest outside
parliament & new offence of inciting religious hatred.
Terrorism Act 2006 – suspected terrorists held for 28 days & ‘glorifying terrorism’
a crime.
Investigatory Powers Act 2016 – retention of personal electronic data & access
for law enforcement.
Police, Crime, Sentencing and Courts Act 2022 – limit impact of public protests –
generated opposition from civil liberties groups.
2022 Rwanda asylum plan – designed to stem flow of cross-channel refugees &
deter people-trafficking. 2023 – ruled unlawful by Supreme Court yet Sunak still
committed to Plan B treaty with Rwanda.
Balance between collective & individual rights –
Human rights & civil liberties –
Individual rights – such as to privacy and freedom of expression – which all individuals
can claim.
Collective rights – which society can claim – such as to be protected from violence and to
a clean environment.
Uncodified constitution – citizen rights determined and protected through
constitutionally significant landmark events e.g., Magna Carta.
Judges have defined rights in common law cases – setting a judicial precedent.
Acts of Parliament further developed rights.
Rights – traditionally negative or residual – everything that is not expressly forbidden
belongs to our rights – no single document:
Magna Carta 1215 – foundation for British civil liberties by stating the law should be
impartial & the right to a fair trial.
Bill of Rights 1689 – William III to govern with consent of parliament, establishing the
principle of a constitutional monarchy bound by law.
Somerset v Stewart 1772 – slavery illegal – not legislated for by an Act & unsupported by
common law. Set the precedent for the elimination of slavery.
Entick v Carrington 1765 – government can only act according to the law protecting
citizens’ rights from despotic rule.
Representation of the People Act 1928 – universal suffrage.
Rights-based culture since 1997 –
Since Blair’s premiership, the approach toward British civil liberties has changed –
greater emphasis on the codification of positive rights, instead of primarily relying on
common law decisions & constitutional conventions.
HRA 1998
Incorporates the European Convention on Human Rights fully into British law.
Came into force in 2000 - citizens have a clear statement of their civil liberties, which
is enforceable in courts.
Clearly establishes the positive rights that we are all equally eligible for, such as the
right to life & a fair hearing.
Freedom of Information Act 2000
, Established a ‘right of access’ to information held by public bodies (if it does not
compromise national security).
Came into force in 2005 – gives the public the opportunity to know more about how
public bodies (such as NHS) operate and can access information held about them.
2009 MPs’ expenses scandal was exposed because journalists could demand access
to this information through the Act.
Equality Act 2010
Established equality before the law for all citizens.
Consolidates existing legislation & states that in public life, discrimination is illegal in
9 areas:
Age
Disability
Gender reassignment
Race
Religion/belief
Sex
Sexual orientation
Marriage & civil partnership
Pregnancy & maternity
Civic responsibility & the restriction of civil liberties –
Responsibilities enforced by law – paying taxes, jury service.
Responsibilities expected – voting.
Public does not have the right to act in any way. Freedoms can be restricted if govt
decides that they are likely to endanger the collective good of society – most likely if
there is a threat to national security.
Following terrorist attacks in New York & Washington DC and London in 2005, several
Acts were passed to protect the public from further attack:
Anti-Terrorism Crime and Security Act 2001 – imprison foreign terrorist suspects
without trial.
Serious Organised Crime and Policy Act 2005 - limited right of protest outside
parliament & new offence of inciting religious hatred.
Terrorism Act 2006 – suspected terrorists held for 28 days & ‘glorifying terrorism’
a crime.
Investigatory Powers Act 2016 – retention of personal electronic data & access
for law enforcement.
Police, Crime, Sentencing and Courts Act 2022 – limit impact of public protests –
generated opposition from civil liberties groups.
2022 Rwanda asylum plan – designed to stem flow of cross-channel refugees &
deter people-trafficking. 2023 – ruled unlawful by Supreme Court yet Sunak still
committed to Plan B treaty with Rwanda.
Balance between collective & individual rights –
