The British Const provides effective protection for the rights of the UK citizens

  • Understanding of the British const
  • Main legislations/conventions (HRA, ECHR) and institutions (ECHR)
  • Additional knowledge: cases brought under the HRA; ability of courts to issue declarations of incompatibility
  • Understanding of other relevant mechanisms to citizens' rights - judicial impartiality and independence, lack of separation of powers, parl sov - and any recent developments 
  • Material from the USA
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  • Created by: Ella RR
  • Created on: 28-05-14 18:34

The British Const provides effective protection for the rights of the UK citizens

Advantages

  • developments like HRA (previously the ECHR) which now offer some protection, as well as clarification, of basic rights
  • Concepts of judicial independence and parl sov
  • Parl is the ultimate determinant of citizens' rights within the UK

Disadvantages

  • Because the const is unwritten/uncodified etc it cannot protect rights
  • There is not a fundamental body of entrenched rights
  • There are arguments that the const should be codified, which will help ensure rights to citizens

Evaluation

'Effective' is a discriminator. USA, which offer constitutional guarantees of rights

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