An in-depth 25-page document that covers: Civil Liberties (changes, protections, the role that the judiciary has, the Human Rights Act, British Bill of Rights) and the European Union (origins, prominent acts, composition, roles and powers of the EU)
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A Level Government and Politics (Pearson/ Edexcel)
Component 2, Chapter 4: Relationship Between the Institutions
Civil Liberties
Civil Liberties - the Freedoms/Rights that belong to individuals - they protect the
individual from the power of the state (generally described as negative rights - eg:
right for state NOT to intervene unless the law prevents a certain activity)
Civil Liberties before 1997
How were civil liberties protected in the UK?
• Maintaining civil liberties is a key feature of a Liberal Democracy
• Civil liberties established the relationship between State and the individual and
protect the citizen from government interference
• Before the Human Rights Act 1998, the UK relied on the Common Law belief
that "everything is permitted unless it is prohibited" (very difficult in practice to
uphold)
• Whereas in other countries, such freedoms are explicitly stated and entrenched,
often as part of a codified constitution (e.g. Bill of Rights = first 10 amendments
to US constitution)
Civil Liberties deemed under threat in the 1990s
In the 1990s there was growing concern that civil liberties were under serious threat.
This was due to a number of developments which amounted to a growth in the
power of the State.
For example:
• Increase in police power - Police and Criminal Evidence Act (1984)
• 1980s legislation limiting Trade Union activity
• Increasing amounts of information about individual citizens being held by the
State/agencies (e.g. NHS data)
• Threats to remove trial by jury in some instances
• Issues relating to treatment of terror suspects/asylum seekers
What could you do if you thought that your civil liberties had been taken away pre
1998?
• Individual's civil rights / liberties were enshrined and protected through:
1. Statute Law
2. Common Law
• Appeal to the European Court of Human Rights
• Labour Party recognized this in the 1997 manifesto
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