How effectively does the judiciary protect civil liberties in the UK?

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  • Created by: Isabella
  • Created on: 21-05-13 18:35
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  • How effectively does the judiciary protect civil liberties in the UK?
    • Protects
      • Rising number of cases for the individual
        • Belmarsh case- ruled that anti terrorist measures were against HRA
        • Mental Health Act case- ruled that the MHA was against the HRA
      • Human Rights Act
        • Protects rights in the UK
        • First written statement of rights
        • Michael Douglas vs.Hello Magazine- used the HRA to create privacy  for celebrities
      • European Court of Human Rights
        • Protects rights of European citizens- includes UK citizens
        • Alder 2011- Alder died in police custody, family claimed his rights had been violated- won, British g'vt paid compensation to them
    • Does Not Protect
      • No entrenched constitution- means that erosion of civil liberties can happen easily
        • For example, Anti-Terror laws against a fair trial, the judges have no power do anything- parliamentarysovereignty
      • Can only declare laws unconstitutional- has no power over government to force them to change laws
      • Courts can only involved via appeal- a law can stand for years before being called unconstitutional
    • Conclusion
      • Effectively protected by the HRA 1998, and although some rights have started to erode, they are preventative methods- like appeals and opposition from Parliament)


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