Students will have an appreciation of how Civil Liberties are defined putting them in a British context regarding legislation in the framework of an uncodified constitution. The HRA & ECHR are taken into account as well as entrenchment, safeguards (or the lack of) & perceived threats in the absence of a 2-tier system.
3. DefinitionDefinition
The r----- and f------- that c------- enjoy inThe r----- and f------- that c------- enjoy in
relation to the state and its laws.relation to the state and its laws.
The Right to V---The Right to V---
The Right to Stand for O-----The Right to Stand for O-----
The Right to a F--- T----The Right to a F--- T----
Freedom of E--------nFreedom of E--------n
Freedom of A---------nFreedom of A---------n
4. DefinitionDefinition
The rights and freedoms that citizens enjoyThe rights and freedoms that citizens enjoy
in relation to the state and its laws.in relation to the state and its laws.
The Right to VoteThe Right to Vote
The Right to Stand for OfficeThe Right to Stand for Office
The Right to a Fair TrialThe Right to a Fair Trial
Freedom of ExpressionFreedom of Expression
Freedom of AssociationFreedom of Association
6. Human Rights Act UK 1998Human Rights Act UK 1998
(implemented 2000)(implemented 2000)
7. Prior to Human Rights ActPrior to Human Rights Act
Civil Liberties ‘negative’ confined to limitsCivil Liberties ‘negative’ confined to limits
i.e. what youi.e. what you can’tcan’t dodo
For example…For example…
LibelLibel
SlanderSlander
BlasphemyBlasphemy
Incite hatred /crimeIncite hatred /crime
TrespassTrespass
8. Why no constitutional codification ofWhy no constitutional codification of
Civil Liberties other thanCivil Liberties other than
Magna Carter 1215?Magna Carter 1215?
Common-Law traditionCommon-Law tradition
Parliamentary OmnicompetenceParliamentary Omnicompetence
9. Threats to Civil LibertiesThreats to Civil Liberties
Growing Police Power 1984 & 1994Growing Police Power 1984 & 1994
Erosion of Trade Union Rights 1980sErosion of Trade Union Rights 1980s
Civilians increasingly on Data BaseCivilians increasingly on Data Base
Clash between Govt. & MediaClash between Govt. & Media
Executive Power too strong and notExecutive Power too strong and not
adequately kept in-check by Parliamentadequately kept in-check by Parliament
10. European CourtEuropean Court
of Human Rightsof Human Rights
Set up in 1950 by Council of EuropeSet up in 1950 by Council of Europe
Not by the European UnionNot by the European Union
Expensive & SlowExpensive & Slow
Britain not bound ECHRBritain not bound ECHR
11. Labour Government from 1997Labour Government from 1997
Freedom of Information ActFreedom of Information Act
European Convention on Human RightsEuropean Convention on Human Rights
into Lawinto Law
12. Secretive 1970sSecretive 1970s
Citizens denied access to govt. info unlikeCitizens denied access to govt. info unlike
rest of more open, democratic worldrest of more open, democratic world
Select Committees introducedSelect Committees introduced
Data Protection Act 1984Data Protection Act 1984
Internet developmentInternet development
FoIA watered downFoIA watered down
National Security info unavailableNational Security info unavailable
14. Human Rights ActHuman Rights Act
Parliament immune from ECHR under theParliament immune from ECHR under the
pretext of Parliamentary Sovereigntypretext of Parliamentary Sovereignty
Declaration of incompatibilityDeclaration of incompatibility
Citizen Challenge –Belmarsh 2004Citizen Challenge –Belmarsh 2004
(Anti-Terrorism Act 2001)(Anti-Terrorism Act 2001)
15. Areas Covered by ECHRAreas Covered by ECHR
Human Rights Act (1)Human Rights Act (1)
Protection of PropertyProtection of Property
Right to LifeRight to Life
Prohibition of TortureProhibition of Torture
Right to Liberty & SecurityRight to Liberty & Security
Prohibition of Slavery & Forced LabourProhibition of Slavery & Forced Labour
Right to Liberty & SecurityRight to Liberty & Security
Right to a Fair TrialRight to a Fair Trial
No Punishment without LawNo Punishment without Law
Right to PrivacyRight to Privacy
16. Areas Covered by ECHRAreas Covered by ECHR
Human Rights Act (2)Human Rights Act (2)
Freedom of Conscience & ReligionFreedom of Conscience & Religion
Freedom of ExpressionFreedom of Expression
Freedom of Assembly & AssociationFreedom of Assembly & Association
Right to MarryRight to Marry
No DiscriminationNo Discrimination
Restriction on Alien Political ActivityRestriction on Alien Political Activity
No abuse of RightsNo abuse of Rights
Limitations on Restriction of RightsLimitations on Restriction of Rights
17. Nice Rights, butNice Rights, but
What’s New & Why all the Fuss?What’s New & Why all the Fuss?
18. Nice Rights, butNice Rights, but
What’s New & Why all the Fuss?What’s New & Why all the Fuss?
Codified in a Single Document
19. A British Bill of Rights??A British Bill of Rights??
Could this be the precursor to a part-Could this be the precursor to a part-
written constitution?written constitution?
Can suspending civil liberties ever beCan suspending civil liberties ever be
justified? Does a codified constitutionjustified? Does a codified constitution
prevent this eventuality?prevent this eventuality?