How effectively does the judiciary protect civil liberties in the UK?
- Created by: Isabella
- Created on: 21-05-13 18:35
View mindmap
- 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
- Rising number of cases for the individual
- 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
- No entrenched constitution- means that erosion of civil liberties can happen easily
- 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)
- Protects
Comments
Report