UK Essay Plan Revision
Nature and Sources of the UK Constitution:
The British Constitution provides very weak protection for citizens’ rights:
- Unentrenched
- The British Constitution isn’t entrenched so this means that any act of
parliament can remove any pre-existing laws.
- Eg. The Fixed Terms Parliament Act of 2011 was introduced by the
coalition government between the Conservatives and Lib Dems and
was something in the Lib Dem manifesto that wasn’t very popular with
the Conservatives. It got passed but when the Conservatives returned
to full prominence it was repealed by the Dissolution and Calling of
Parliament Act 2022
- However, this can help protect citizens rights as it means that it is flexible to
introduce protection for minority groups
- Eg. Women were given the right to vote through the Representation of
the People Act 1928 which provided them with voting rights much
earlier than many other countries.
- Parliamentary Sovereignty
- This is the idea that parliament holds the ultimate power to make, amend or
repeal laws and won’t be bound by previous or future governments.
- This provides a weak protection of rights as it means that, in theory, any
government could repeal the acts that provide the citizens’ rights with
protection.
- Eg. The Human Rights Act has been discussed recently as the UK
potentially leaving it as to push through a bill trying to block any
migrants that enter the UK through the channel illegally on small
boats.
- However, in practice this does mean that the Westminster government can
overrule laws in the devolved assemblies that seek to have greater protection
of citizens’ rights.
- Eg. The Gender Recognition Bill was attempted to be introduced in
Scotland which would have allowed greater protection for certain
members of the LGBTQIA+ community but this act was overturned by
Westminster hence, in essence repealing the bill.
- Flip side- Westminster introducing same-sex marriage and abortion
laws in the highly religious NI to protect women’s rights in 2020.
- Human Right Protection
, - The Human RIghts Act of 1998 was an Act that incorporated the ECHR into
UK law and allowed the Supreme Court to rule on cases linked with violations
of the ECHR.
- Eg. Tigere v Secretary of State for Business Innovation and Skills
(2015) which ruled in favour of Tigere, in that her right to education
(Article 2) and right to be free from discrimination (Article 14) were
being damaged due to the status of her citizenship.
- The Equality Act 2010 which brought together 116 individual measures into a
single Act to combat discrimination and promote a fairer society. This
included protection for Women, people from ethnic minorities and members of
the LGBTQIA+ community.
Individual and collective rights inevitably and always conflict with each other:
- Individual Rights are those that apply to individual citizens, such as the right to free
expression
- Collective rights are those that protect a whole group of individuals; this could include
workers in specific jobs, religious groups or disabled people.
- Yes
- By definition, you can not have collective rights, without clashing with
individual rights as the right to freedom of expression will always conflict with
protected characteristics such as freedom of discrimination
- This is most clearly seen by the Equality Act 2010 which created a list
of protected characteristics that overruled freedom of expression as
speaking negatively about these areas results in a hate crime.
- These protected characteristics include gender identity, race
and disability.
- An example of this clash is a baker who argued that, due to their
religious faith, they didn’t have to make a cake in support of gay
marriage. The case involving Ashers Baking Company Ltd in NI was
taken all the way to the Supreme Court where they ruled that the
Bakery wasn’t guilty of discrimination.
,‘Statute Law is the best defender of citizens’ rights in the UK.’ Analyse and
evaluate this statement. (25)
Introduction:
- Statute law plays a significant role in protecting UK citizens’ rights, which are mostly
safeguarded by legislation such as the Equalities Act 2010 and Representation of the
People Acts.
- However, this form of protection is not entrenched or inalienable and is subject to
change at the discretion of Parliament, given parliamentary sovereignty.
- This essay will evaluate the extent to which statute law acts as the best defender of
UK citizens’ rights, considering areas such as the European dimension, the
accountability of elected representatives, and statute law
Body Paragraph 1 - Point: Statute law provides crucial protection for UK citizens’
rights.
- Example 1: The Equalities Act 2010 prohibits discrimination on the grounds of age,
disability, gender, race, religion or belief, sexual orientation, marriage and civil
partnership, and pregnancy and maternity. It also requires public bodies to promote
equality and eliminate discrimination.
- Example 2: The Human Rights Act 1998 incorporates the European Convention on
Human Rights into UK law, ensuring that UK citizens are protected from human
rights abuses.
- Analysis: These pieces of legislation provide legal protection for citizens’ rights and
are designed to prevent discrimination and ensure that the government respects
citizens' fundamental rights. Statute law, therefore, serves as a valuable tool in
protecting the rights of UK citizens.
- Counter: Statute law is not entrenched or inalienable and is subject to change by
Parliament. For example, the Conservative government's 2016 Trade Union Act
restricted the right of workers to strike, which led to concerns about the erosion of
workers' rights.
- Evaluation: While statute law does provide protection for UK citizens’ rights, the
potential for change raises questions about the long-term security of such protection.
Body Paragraph 2 - Point: The European dimension provides additional protection for
UK citizens’ rights.
- Example 1: EU law, which the UK was required to conform to as a member state,
provided protection for citizens' rights in a wide range of areas, such as consumer
protection, workers' rights, and data protection.
- Example 2: The European Convention on Human Rights (ECHR), which the UK has
signed up to, provides legal protection for a range of human rights, such as the right
to life, freedom of expression, and the right to a fair trial. The ECHR is enforced by
the European Court of Human Rights in Strasbourg. An example of this can be seen
in Hirst vs United kingdom in 2005 where the UK's blanket ban on prisoner voting
was against human rights.
- Analysis: EU law and the ECHR provide additional protections for UK citizens'
rights, ensuring that the UK cannot weaken or remove rights without facing
consequences. The ECHR, in particular, offers a 'double lock' on citizens' rights, as it
provides additional safeguards beyond statute law.
, - However, the UK is no longer subject to EU law after Brexit, although it may
choose to align with certain EU laws and regulations through future
agreements.
- Counter: Some argue that the ECHR and EU law have limited impact on citizens'
rights compared to statute law, as they do not have the same level of democratic
accountability and oversight.
- Evaluation: Despite limitations, the European dimension offers valuable protection
for UK citizens' rights that should not be underestimated.
Body Paragraph 3 - Point: Elected representatives are accountable for upholding
citizens' rights.
- Example 1: MPs are elected to represent their constituents and have a duty to
protect their rights. They can do this by proposing and voting for legislation that
protects citizens' rights, as well as by holding the government to account when it fails
to protect citizens' rights. For example members of select committees can scrutinise
the actions of the executive, such as Yvette Cooper’s scrutiny on Amber Rudd over
the windrush scandal.
- Example 2: Citizens can hold their representatives accountable through voting and
other means, such as lobbying and protest. For example, the 2019 general election
saw a surge in young people voting, which was partly motivated by concerns about
climate change and social justice. Citizens and party members can also attend
conventions such as the Labour conference and or through local conservative
associations.
- Analysis: Elected representatives have a responsibility to ensure that citizens' rights
are protected. This is achieved through the creation and implementation of statute
law, as well as through oversight of the government. Additionally, citizens have the
power to hold their representatives accountable through democratic means, such as
voting or protest.
- Counter: The accountability of elected representatives is limited in practice, as they
may prioritise party interests over those of their constituents. Additionally, some
argue that citizens' rights should not be subject to the whims of electoral politics.
- Evaluation: While elected representatives have a duty to protect citizens' rights, the
limitations of accountability highlight the importance of other forms of protection, such
as statute law and the European dimension.
Conclusion:
- In conclusion, while statute law plays a significant role in protecting the rights of UK
citizens, its limitations and potential for change raise questions about the long-term
security of these protections.
- The European dimension and the accountability of elected representatives offer
additional protections, but are also subject to limitations.
- Overall, the best defence of citizens' rights in the UK is a combination of these
factors, including the continued use of statute law, the importance of the European
dimension, and the accountability of elected representatives. The possibility of a
British bill of rights remains a potential alternative form of protection for citizens'
rights.
