How Effectively Does The Judiciary Protect Civil Liberties In The UK? (40)
- Define terms in question: Civil liberties are the rights and freedoms of citizens.
- Give context: until recently were negative in nature, i.e. only told what we cannot do, not what we can.
- Refer to question and outline your argument: threatened judicial independence and changes in the nature of civil liberties mean judicial efficiency in this area has come into question.
- Human Rights Act
Written rights to freedom of assembly etc. More 'ammunition' to judges. Citizens can take cases to court, up to the European Court of Human Rights. Judges can declare legislation incompatible with the ECHR. E.g. sex offenders can have names off register once released if they have been on for 15 years.
Often conflicts with itself- right to privacy and right to freedom of speech- injunctions. Cannot strike down legislation, only ask Parliament to change it. Not entrenched and could be repealed. Not full protection.
- Freedom of Information Act