Evaluate the view that rights are well protected
in the UK (30)
Theme One: Sources of Rights Protection
Argument 1: Counter Argument:
Strong common law tradition and UK is Common law can be vague and set aside by
subject against ECHR. Parliament.
Evidence: Evidence:
Abu Qatada Case 2010: A 2012 EHCR ECHR can be ignored and even repealed by
judgment prevented Abu Qatada from being Parliament as Parliament is held as a
deported to Jordan where he risked being sovereign body
tortured and tried. Belmarsh Case 2004 – Law Lords declared
that the Anti-Terrorism, Crime and Security
Act 2001 as discriminatory and
incompatible with the ECHR.
Government accepted the ruling but then
went on to use statutory instruments to
pass the Terrorism Act 2006.
Explanation: Explanation:
This illustrates how Parliament can
The HRA incorporated the ECHR into ignore a declaration of incompatibility
UK law as statute law. as sovereignty lies with Parliament.
This allows the UK to use the ECHR to Parliament can use its statutory
make decisions on whether one’s instruments to pass secondary
rights have been infringed on like with legislation that directly ignores claims
the Abu Qatada case whereby the of incompatibility with the ECHR.
possibility of deporting him was
removed in order to protect his basic
human rights upon referring to the
ECHR
Analysis: Analysis:
This is significant as HRA 1998 is not
This is insignificant as the current politically binding which is what allows
government has been frequently Parliament to limit its power through
discussing a British Bill of Human ignoring it + the Executive can ignore
Rights to replace the ECHR – Tory declarations of incompatibility
Conference 2021, Dominic Raab whenever it wishes.
pledged to repeal HRA 1998 with
BBHR.
in the UK (30)
Theme One: Sources of Rights Protection
Argument 1: Counter Argument:
Strong common law tradition and UK is Common law can be vague and set aside by
subject against ECHR. Parliament.
Evidence: Evidence:
Abu Qatada Case 2010: A 2012 EHCR ECHR can be ignored and even repealed by
judgment prevented Abu Qatada from being Parliament as Parliament is held as a
deported to Jordan where he risked being sovereign body
tortured and tried. Belmarsh Case 2004 – Law Lords declared
that the Anti-Terrorism, Crime and Security
Act 2001 as discriminatory and
incompatible with the ECHR.
Government accepted the ruling but then
went on to use statutory instruments to
pass the Terrorism Act 2006.
Explanation: Explanation:
This illustrates how Parliament can
The HRA incorporated the ECHR into ignore a declaration of incompatibility
UK law as statute law. as sovereignty lies with Parliament.
This allows the UK to use the ECHR to Parliament can use its statutory
make decisions on whether one’s instruments to pass secondary
rights have been infringed on like with legislation that directly ignores claims
the Abu Qatada case whereby the of incompatibility with the ECHR.
possibility of deporting him was
removed in order to protect his basic
human rights upon referring to the
ECHR
Analysis: Analysis:
This is significant as HRA 1998 is not
This is insignificant as the current politically binding which is what allows
government has been frequently Parliament to limit its power through
discussing a British Bill of Human ignoring it + the Executive can ignore
Rights to replace the ECHR – Tory declarations of incompatibility
Conference 2021, Dominic Raab whenever it wishes.
pledged to repeal HRA 1998 with
BBHR.
