Human Rights: Protection of Rights and Freedoms in the UK

What Human Rights: Protection of Rights and Freedoms in the UK covers

Human Rights: Protection of Rights and Freedoms in the UK is examined in Components 2 and 3, if human rights law is one of the three areas you sit. It covers protection of rights in the UK constitution before 1998, the Council of Europe and the history of the Convention, the scope of the Convention and its Protocols, the European Court of Human Rights: composition and application, doctrines developed by the Strasbourg court, the main provisions of the Human Rights Act 1998, the impact of the Human Rights Act 1998 in the courts, criticisms of human rights and a UK Bill of Rights and the Human Rights Act and the devolution settlements.

The 9 subtopics

Each one has its own page.

• Protection of rights in the UK constitution before 1998An uncodified constitution, Magna Carta and the Bill of Rights 1689, habeas corpus, and the principle in Entick v Carrington that an official needs legal authority for everything they do.Open →
• The Council of Europe and the history of the ConventionLink between Council of Europe membership and the Convention, committee of Ministers and european Commission of Human Rights.Open →
• The scope of the Convention and its ProtocolsThe Article 1 obligation to secure the rights to everyone in the jurisdiction, what Articles 2 to 14 protect, and the First Protocol rights to property, education and free elections.Open →
• The European Court of Human Rights: composition and applicationFour judicial formations of the European Court of Human Rights and pilot judgment.Open →
• Doctrines developed by the Strasbourg courtMargin of appreciation, principle of subsidiarity and positive obligation under the Convention.Open →
• The main provisions of the Human Rights Act 1998The Act that came into force in October 2000: the section 1 Convention rights, the section 2 duty to take Strasbourg case law into account, section 3 interpretation, and the section 6 duty on core and hybrid public authorities.Open →
• The impact of the Human Rights Act 1998 in the courtsMirror principle and act extending the state's duty to protect life.Open →
• Criticisms of human rights and a UK Bill of RightsDemocratic legitimacy criticism of judicially enforced rights, criticism of mission creep at Strasbourg and UK Bill of Rights.Open →
• The Human Rights Act and the devolution settlementsWhy the Act is harder to repeal in practice than an ordinary statute: the Scotland Act and Northern Ireland Act put Convention rights beyond devolved competence, and the Belfast Agreement committed to them directly.Open →

What you need to know

Answer each one before you reveal it.

Take Human Rights: Protection of Rights and Freedoms in the UK further

The same content, four other ways.

Commonly confused

Pairs that lose marks when they are blurred together.

• The living instrument doctrine expands what a guarantee vs The margin of appreciation expands what a guarantee

  The living instrument doctrine expands what a guarantee: over time. The margin of appreciation expands what a guarantee: it leaves national authorities room in applying it.

Questions from this topic

Each one with the model answer underneath.

1. 1

   Where are the rules of the United Kingdom constitution to be found?

   Model answer

   The rules of the United Kingdom constitution are scattered across statutes, case law, conventions and works of authority. The absence of a single collecting document is what makes the constitution uncodified.

2. 2

   What did Magna Carta 1215 contribute to the protection of liberty?

   Model answer

   Magna Carta 1215 promised that no free man would be imprisoned except by lawful judgment or the law of the land. Magna Carta also promised that justice would not be sold, denied or delayed.

3. 3

   Which rights did the Bill of Rights 1689 secure?

   Model answer

   The Bill of Rights 1689 secured freedom of speech in Parliament and prohibited cruel and unusual punishment. The Bill of Rights also barred the Crown from suspending laws without the consent of Parliament.

4. 4

   What is the writ of habeas corpus?

   Model answer

   Habeas corpus requires a detaining authority to produce the prisoner and justify the detention before a court. The Habeas Corpus Act 1679 placed the procedure on a statutory footing.

5. 5

   What principle did Entick v Carrington (1765) establish?

   Model answer

   Entick v Carrington (1765) established that a state official may act only where the law gives authority. The general warrant used to seize Entick's papers had no legal basis and amounted to a trespass.

6. 6

   What did Malone v Metropolitan Police Commissioner [1979] reveal about the residual approach to freedom?

   Model answer

   Malone v Metropolitan Police Commissioner [1979] held that telephone tapping was lawful because no rule forbade it. The case exposed how little protection a residual liberty gives to privacy.

What is inside Levo

Six ways to work the same material.

Human Rights: Protection of Rights and Freedoms in the UK revision questions

What does Human Rights: Protection of Rights and Freedoms in the UK cover in Eduqas A-Level Law?

9 subtopics: protection of rights in the uk constitution before 1998, the council of europe and the history of the convention, the scope of the convention and its protocols, the european court of human rights: composition and application, doctrines developed by the strasbourg court, the main provisions of the human rights act 1998, the impact of the human rights act 1998 in the courts, criticisms of human rights and a uk bill of rights and the human rights act and the devolution settlements. Each one has its own page with questions and model answers.

How is Human Rights: Protection of Rights and Freedoms in the UK organised?

By the Eduqas A150QS specification, subtopic by subtopic, so it matches the order you are taught it in.