Common law vs echr rights - Study guides, Revision notes & Summaries

CIPP/E - European Union Institutions - Chapter 2 Already Passed What year was the Treaty of Lisbon? 2007 What EU Institutions did the Treaty of Lisbon structure? The European Parliament The European Council The Council of the European Union The European Commission The Court of Justice of the European Union The European Central Bank and The Court of Auditors What effect did the Treaty of Lisbon have on the Charter of the Fundamental Rights of the European Union? The Treaty of Lisbon promoted th...

1. Evaluate the extent to which rights are effectively protected by the UK constitutional arrangements - ANS - Common law (trad, custom and precedent/judge made) > precedent made by judges protecting rights e.g. murder vs statute law can 'overturn' these or reform - Statute Law > HRA 1998 (incorporated ECHR convention) e.g. whole life sentences deemed breach of article 3 in convention 2013 vs not entrenched so can be set aside by parli e.g. over terrorism legislation - Conventions (...

Comprehensive summary/essay plan on common law vs ECHR rights and the question of whether common law rights can offer the same degree as protection. This document covers distinctive features of the UK system, features of convention rights and the degree of scrutiny provided by both courts which can be used to structure an essay on this topic.

1. Evaluate the extent to which rights are effectively protected by the UK constitutional arrangements - ANS - Common law (trad, custom and precedent/judge made) > precedent made by judges protecting rights e.g. murder vs statute law can 'overturn' these or reform - Statute Law > HRA 1998 (incorporated ECHR convention) e.g. whole life sentences deemed breach of article 3 in convention 2013 vs not entrenched so can be set aside by parli e.g. over terrorism legislation - Conventions (...

1. Evaluate the extent to which rights are effectively protected by the UK constitutional arrangements - ANS - Common law (trad, custom and precedent/judge made) > precedent made by judges protecting rights e.g. murder vs statute law can 'overturn' these or reform - Statute Law > HRA 1998 (incorporated ECHR convention) e.g. whole life sentences deemed breach of article 3 in convention 2013 vs not entrenched so can be set aside by parli e.g. over terrorism legislation - Conventions (...