Major milestones in the development of rights in the UK Evaluate the view that Human Rights are well protected in the UK
For Against
Magna Carta (‘Great Charter’ - 1215) – is seen as the foundation of the Increased use of judicial review – number of reviews rose from 4240 in Too much p
rights of the citizen. It was presented to King John by nobles, who 2000 to 15,600 in 2013 unaccounta
disproved his tyrannical rule, it aimed to reduce royal power Successful challenges = High Court rulings that retired Gurkha soldiers want
Introduced the right to trial by jury and habeas corpus (‘you may have the should be able to settle in the UK (2008) Have been a
body) – the court order to produce a person before the court to carry out Ensures that rights are being upheld by the courts Convention
freedom of
their sentencing
Human rights are upheld by the European Court of Human Rights and Governmen
The European Convention on Human Rights (1950) – an interventional
protects civil liberties protest
convention in which countries are obliged to protect human rights and Blair v UK (2005) The Legal Ai
political freedoms in Europe
The European Court of Human Rights was set up in Strasbourg to hear
cases where people felt like their rights were infringed upon – however, There is a common law tradition and a belief in negative rights The Human
time-consuming, and expensive Parliament a
The Human Rights Act (1998) – was passed by the new Labour government In the case of Entick v Carrington Lord Camden gave the famous words “If it The Human
and rights were now statute law thus allowing Human Rights to be is law, it will be found in our books. If it not to be found there, it is not law”. legislation p
protected in UK courts without having to go to Strasburg By this he meant that if something is not proscribed in statute or in ‘inflates’ rig
Freedom of Information Act 2000 - was passed to improve transparency in common law it is by default legal. same status
public bodies. so long as national security isn't compromised, requests can view the HR
be made to see public bodies' information individual (s
The Equality Act (2010) – solidified numerous laws in the past such as the at large (Abu
terrorism, w
1970 Equal Pay Act, the 1975 Sex Discrimination Act and the 1976 Race
Conservativ
Relations Act into one Act.
Rights’, alth
Made it illegal for the discrimination of the nine protected characteristics –
‘age, disability, sex, pregnancy, religion, sexual orientation, marriage, Differenc
gender reassignment and race – applied in the workplace and wider society
Individua
rights (of
Case studies:
society, o
Tensions
Abu Qatada is a Jordanian national who has been living in the UK since 1993. He is considered by the UK government to be a risk to national security due to his Privacy –
alleged involvement with extremist groups. The UK government has attempted to deport Abu Qatada to Jordan on several occasions, but his deportation was enshrined
blocked by the European Court of Human Rights (ECtHR) due to concerns that he would be at risk of torture or ill-treatment in Jordan. In 2012, the UK government be times
signed a treaty with Jordan that included assurances that Abu Qatada would not be subjected to torture or ill-treatment if he were deported to Jordan. The UK absolute
courts accepted these assurances and Abu Qatada was eventually deported to Jordan in 2013. the Inves
mandate
records f