• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

How Effectively Are Rights Protected In The UK?

Extracts from this document...


How Effectively Are Rights Protected In The UK? Human Rights within the UK were not totally established within an act or laid down in law until fairly recently, in 2000 when the Human Acts Right of 1998 from the EU came into effect. This single act has allowed judges more power to help protect the rights and civil liberties of the citizens of the United Kingdom. One of the main ways in which rights are upheld is through the use of judicial reviews, which helps to protect individuals against public authorities and government. For example, in 2000 when 9 Afghan men hijacked a plane in order to escape the Taliban, they came to the UK in order to seek asylum and safety; and after serving prison sentences, the government attempted to deport them back to Afghanistan, but a judge ruled that it would be in breech of their human rights as it would undoubtedly lead to their death. ...read more.


The interpretation and application of the Human Rights Act has fallen upon the responsibility of the judges, and this has been criticised. It allows judges to overstep their traditional role of "interpreting the law" as it allows them to rewrite government legislation - a very powerful role which affects how the people are ruled over, and a position to which they have not been elected. Added to this, judges have been criticised for applying an unbalanced view of individual rights that affect society negatively as a whole. For example, in 2007, the Italian killer of headmaster Philip Lawrence appealed against deporting him back to Italy after completing his prison sentence as a breech of his human rights, a case which he won. Many people would argue that he would be too dangerous to allow him to continue living in the UK, especially as he was a "proven killer". The recent clashes between judges and the government have come from the judiciary challenging the power of government. ...read more.


The sovereignty of Parliament effectively ensures that in the longer term, at least, politicians still have the upper hand. In conclusion, the recent introduction of the Human Rights Act has afforded judges more scope to protect the civil liberties of citizens. The use of judicial review enables protection of individuals particularly against the machinery of government. There has been a significant growth in the use of judicial review in the last twenty years. Judges also have the discretion to refuse to proceed with a trial if they consider that the defendant(s) may be denied natural justice, as in the case of Matrix- Churchill in the early 1990s. Conversely, the social and educational background of judges may influence the way that they deal with individuals from groups with which they cannot empathise (such as union members or protesters). Similarly, there may be cases involving national politics, where the judge appears partial (such as in the trial of Olive Ponting). Judicial decisions have nevertheless become more liberal and less pro-state in recent years. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level United Kingdom section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level United Kingdom essays

  1. Marked by a teacher

    Discuss how effectively rights are protected in the UK.

    3 star(s)

    Another example of the misuse of the anti terrorism laws which have eroded civil liberties is the use of anti terror laws in order to freeze the British assets of a failed Icelandic bank as local councils had money in the banks, you cannot justify using these anti terrorism laws

  2. Discuss the indepedence of the UK Judiciary

    subordinate to parliament, and since subordinates cannot be independent consequently neither is the judiciary. A.V. Dicey had a solution to this: the most substantial defence of the rule of law, he said, was the sovereignty of parliament. Summed up, he means that parliament would fight to protect such an obviously

  1. How, and with what success, have governments attempted to improve the provision of health ...

    On a business level the government believe that this will improve health care by not only encouraging businesses but also encouraging extra service competition. This is a very controversial issue but the government state the private involvement is the only way to increase the capacity within the NHS.

  2. The Killer.

    The victim shoke Some peoples hands. The noise grow louder and louder. The victim walked onto the stage with a big smirk on his face. "This is finally it", he whispered to himself as he started preparing his rifle. The confident man breathed in deep. His hands started sweating.

  1. Democratic Rights

    Another argument to the fact the UK is not a democracy is the fact that it has a monarchy. What these people fail to recognise is the fact that, the monarchy has no real power. The Queen has the power to not give her royal assent to any bill however

  2. Human Rights Legislation and Citizens of the UK

    It contains 5 sections of 59 rights. For example; Everyone is entailed to a fair trial, No person may be punished for an act that was not a criminal offence at the time of its commission, Everyone has the rights to have privacy and this must be respected and Everyone has the right to expresses their opinions freely.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work