Hra 1998 Study guides, Revision notes & Summaries

This guide is designed to use ChatGPT-4 to draft an essay on the Human Rights Act 1998 (HRA) within the UK's constitutional framework. It is tailored to adhere to the Oxford Standard for Citation of Legal Authorities (OSCOLA).

10 essay plans democ participation. next slides: Should voting be compulsory ? ......YES- Increased participation. e.g Australia had a declining voting turnout-60% 1924, however has remained a steady 90% since. NO -Violates individual freedoms- Therefore limiting validity behind vote. -Worthless voting. YES Greater legitimacy- Labour 05 only had 22% of electorate, compulsory voting would sort out current turnout crisis and increase legitimacy. NO Cosmetic democracy, compulsory votin...

Evaluate the extent to which constitutional reform has significantly improved Democracy in the UK. (or Evaluate the extent to which constitutional reform in the UK since 1997 has removed constitutional weakness) para 1 - failed to remove weakness - Demo deficit - House of Lords Act (1998) → all but 92 hereditary peers were removed and replaced by life peers, which are appointed by the government of the day + remain for life/retirement. Unelected and not accountable to the electorate. = un...

Explain and analyse 3 sources of the UK constitution - ANS 1) Statue law. Explain: Laws created by parliament. AOP must be approved by HOC, HOL and monarchs. Example: GRA 1932, extended the franchise. Fixed term parli act 2011, est. 5 yrly elect. Analysis: Shows legislation enacted by parli is used as a source of the const. Although the FTPA was repealed it demonstrates the unentrenched nature of the UK const emph PS as a key principle underpinning uk const. 2) Common law Explain: laws de...

Name three piece of legislation from the government which took/will take away rights of people in the UK? - - Police, Crime and Sentencing Bill - Repeal of the Human Rights Act 1998 - Section 28 (PCSB - right to protest, right to assembly, right to association, freedom of speech) (HRA repeal - authorities decide who gets rights, lack of rights can be abused, challenging of rights made harder) (Section 28 (1986, repealed in 2003) - made any reference to LGBTQ+ in schools illegal - trickled...

Name three piece of legislation from the government which took/will take away rights of people in the UK? - - Police, Crime and Sentencing Bill - Repeal of the Human Rights Act 1998 - Section 28 (PCSB - right to protest, right to assembly, right to association, freedom of speech) (HRA repeal - authorities decide who gets rights, lack of rights can be abused, challenging of rights made harder) (Section 28 (1986, repealed in 2003) - made any reference to LGBTQ+ in schools illegal - trickled...

1. Evaluate the extent to which rights are effectively protected by the UK constitutional arrangements - ANS - Common law (trad, custom and precedent/judge made) > precedent made by judges protecting rights e.g. murder vs statute law can 'overturn' these or reform - Statute Law > HRA 1998 (incorporated ECHR convention) e.g. whole life sentences deemed breach of article 3 in convention 2013 vs not entrenched so can be set aside by parli e.g. over terrorism legislation - Conventions (...

'Rights' and Civil Liberties - ... Rights are well protected in the UK? - 1- British judicary is independent and neutral (Constitutional Reform Act 2005, removed entangled powers of legis, exec and jud) 2- Statute Law to protect rights (Magna Carta 1215, limited power of monarch and ensured number of rights to people/HRA 1998, Right to Life A1, Right to respect of privacy A7/Equality Act 2010, protected characteristics) 3- Subject to International agreements (was in ECHR, Abu Qatada case w...

What right does arrest infringe with correct answer: The right to liberty is a key principle oh HRA 1998. Ther exercise of the power of arrest represents an obvious and significant interference with that right. The use of the power must be fully justified and officers exercising the power should consider if the necessary objectives could be met by other less intrusive means What article of the ECHR is the right to liberty correct answer: Article 5 What piece of legislation gives the poli...

1. Evaluate the extent to which rights are effectively protected by the UK constitutional arrangements - ANS - Common law (trad, custom and precedent/judge made) > precedent made by judges protecting rights e.g. murder vs statute law can 'overturn' these or reform - Statute Law > HRA 1998 (incorporated ECHR convention) e.g. whole life sentences deemed breach of article 3 in convention 2013 vs not entrenched so can be set aside by parli e.g. over terrorism legislation - Conventions (...