How Effectively does the judiciary protect civil liberties
unit 2 past paper question from June 2010
- Created by: Béatrice
- Created on: 24-04-13 18:25
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- How effectively can the judiciary protect civil liberties in Britain ? 40
- Ways in which the judiciary can protect civil liberties
- enforcing the rule of law, ensuring all are treated equally
- E.G Cases such as Belmarsh and the Afghan hijack case demonstrated the power of the judiciary
- hearing cases of discrimination which might adversely affect the rights of women or minorities
- upholding the European Convention of Human Rights or common law rights
or statutory rights through the process of judicial review
- ultimately be taken to the ECHR
- judicial review cases
- dealing with the ways in which government has acted and reached decisions, ensuring that government does not abuse its powers at the expense of civil liberties
- E.G Gurkhas and Joanna Lumley 2009
- became mor e powerfull and regular in the 90's es[ecially after the '98 HRA ACT
- express views on civil liberties that might influence government and parliament
- preserving their independence, judges can maintain their ability to protect liberties
- Supreme Court - constitutional reform act 2005
- seperation of the 3 branches
- misistry of justice
- lord chancellor is no longer a significant role
- since 2009 law lords don't exsist
- enforcing the rule of law, ensuring all are treated equally
- Limitations on these powers include
- The Human Rights Act is not binding on parliament, so Parliament remains sovereign
- Judges cannot be proactive and must wait until appeals are lodged
- The lack of an entrenched constitution makes the understanding of rights civil liberties difficult and open to interpretation
- Government still has some influence over the appointment of judges
- E.G database, ID cards (potentially), changes in mode of trial
- E.G Many arguments that governments have become less mindful of civil liberties
- Ways in which the judiciary can protect civil liberties
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