Britain’s relationship with human rights has developed organically since 1215, when the
Magna Carta established the rule of law and right to a free and fair trial. Since then, rights
legislation has been gradually introduced to the constitution. Rights are, however, incredibly
controversial, especially given their unprotected nature, and the frequent conflicts between
individual and collective rights.
A Rights Based Society
Britain is often described as a ‘rights based society’. But what does this mean? A rights
based society is one where rights are integral to the creation of legislation, and the
population is encouraged to defend their rights.
The arguments which suggest that Britain is a rights based society (one where rights are
adequately protected) are;
★ Rights legislation is easy to add to the unentrenched and uncodified constitution
★ The judiciary is able to declare legislation incompatible with the Human Rights Act
★ Legislation exists which individuals can use to challenge violations of their rights in a
court
★ Pressure groups are incredibly concerned with rights protection, and have a
legitimate influence over Parliamentary rights proceedings
There is, however, debate that argues Britain is not a rights based society, as rights are not
adequately protected or prioritised by the powerful institutions;
★ Due to Parliamentary sovereignty, a government with a majority has the power to
overturn any rights legislation
★ The Supreme Court’s declarations of incompatibility are only declarations, and only
about half of them are listened to
★ Individual and collective rights often conflict, resulting in a situation where somebody
is always having their rights violated
★ The government is able to introduce legislation which limits rights, as seen with the
2023 public order act.
Key Rights Legislation
1. Magna Carta 1215 Established right to a free & fair trial
2. Bill of Rights 1689 Free elections, free speech, Parl Sov
3. Human Rights Act 1998 Codified ECHR into UK statute law
4. Freedom of Information Act 2000 Accountability of public services
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5. Equality Act 2010 Established 9 protected characteristics
6. Marriage (Same Sex Couples) Act 2013 Allowed same-sex marriage in
7. Coronavirus Act 2020 Limited public liberties due to COVID
8. Public Order Act 2023 Ability to prosecute protestors
Individual vs Collective Rights
Individual Rights are rights held by every individual in society on account of their existence,
regardless of any group identity.
Collective Rights are rights held by society as a whole, including specific minority groups.
Often, individual and collective rights conflict with each other. Typically, individual rights take
priority when the collective right being violated is the public right to safety, as it cannot be
guaranteed that the individuals in question would definitely violate their right to safety.
Otherwise, collective rights appear to be prioritised.
Magna Carta established the rule of law and right to a free and fair trial. Since then, rights
legislation has been gradually introduced to the constitution. Rights are, however, incredibly
controversial, especially given their unprotected nature, and the frequent conflicts between
individual and collective rights.
A Rights Based Society
Britain is often described as a ‘rights based society’. But what does this mean? A rights
based society is one where rights are integral to the creation of legislation, and the
population is encouraged to defend their rights.
The arguments which suggest that Britain is a rights based society (one where rights are
adequately protected) are;
★ Rights legislation is easy to add to the unentrenched and uncodified constitution
★ The judiciary is able to declare legislation incompatible with the Human Rights Act
★ Legislation exists which individuals can use to challenge violations of their rights in a
court
★ Pressure groups are incredibly concerned with rights protection, and have a
legitimate influence over Parliamentary rights proceedings
There is, however, debate that argues Britain is not a rights based society, as rights are not
adequately protected or prioritised by the powerful institutions;
★ Due to Parliamentary sovereignty, a government with a majority has the power to
overturn any rights legislation
★ The Supreme Court’s declarations of incompatibility are only declarations, and only
about half of them are listened to
★ Individual and collective rights often conflict, resulting in a situation where somebody
is always having their rights violated
★ The government is able to introduce legislation which limits rights, as seen with the
2023 public order act.
Key Rights Legislation
1. Magna Carta 1215 Established right to a free & fair trial
2. Bill of Rights 1689 Free elections, free speech, Parl Sov
3. Human Rights Act 1998 Codified ECHR into UK statute law
4. Freedom of Information Act 2000 Accountability of public services
🏴🏴
5. Equality Act 2010 Established 9 protected characteristics
6. Marriage (Same Sex Couples) Act 2013 Allowed same-sex marriage in
7. Coronavirus Act 2020 Limited public liberties due to COVID
8. Public Order Act 2023 Ability to prosecute protestors
Individual vs Collective Rights
Individual Rights are rights held by every individual in society on account of their existence,
regardless of any group identity.
Collective Rights are rights held by society as a whole, including specific minority groups.
Often, individual and collective rights conflict with each other. Typically, individual rights take
priority when the collective right being violated is the public right to safety, as it cannot be
guaranteed that the individuals in question would definitely violate their right to safety.
Otherwise, collective rights appear to be prioritised.
