Rights in Context (Edexcel A Level Politics): Revision Note

Milestones in the development of rights

• Rights in the UK have developed over many centuries

• Key documents and Acts of Parliament have expanded individual liberties, strengthened equality protections and increased citizens’ ability to challenge the state

  • These milestones reflect the shift from monarchical power to a modern rights-based culture

Key milestones

Magna Carta (1215)

• Limited the power of the monarch

• Established the principle of due process and protection from arbitrary imprisonment

• Guaranteed basic rights for nobles but became a symbolic foundation of the UK’s constitutional tradition

Bill of Rights (1689)

• Asserted Parliamentary sovereignty over the monarchy

• Guaranteed frequent elections and Parliamentary Privilege

• Prohibited cruel and unusual punishment

Representation of the People Acts (1918 & 1928)

• 1918 Act extended the vote to all men over 21 and women over 30 with property

• 1928 Act extended equal suffrage, giving women the vote on the same terms as men

• Marked a major advance in political equality and democratic rights

Human Rights Act (1998)

• Incorporated the European Convention on Human Rights (ECHR) into UK law

• Allowed individuals to challenge rights breaches in UK courts rather than going to Strasbourg

• Made public bodies legally accountable for protecting human rights

Equality Act (2010)

• Combined over 100 anti-discrimination laws into one Act

• Protects people with nine protected characteristics, including age, race, sex, disability, religion and sexual orientation

• Strengthened equal treatment in employment, education and access to services

Marriage (Same-Sex Couples) Act (2013)

• Legalised same-sex marriage in England and Wales

• Marked a major development in LGBT rights

Police, Crime, Sentencing and Courts Act (2022)

• Gave the police greater powers to restrict protests based on noise, location and disruption

• Raised concerns about limits on the right to protest

Elections Act (2022)

• Introduced mandatory voter ID at elections

• Criticised for potentially disenfranchising some groups

Public Order Act (2023)

• Created new protest-related offences such as “locking on”

• Strengthened police powers but raised concerns about freedom of assembly

Debates on rights in the UK

• The UK has a strong rights-based culture, but rights can conflict with each other and with wider public interests

• Debates focus on:

  • The balance between individual and collective rights

  • The role of the courts

  • The actions of civil liberties groups that campaign to protect rights

1. The balance between individual and collective rights

• Individual rights include free speech, privacy, freedom of religion

• Collective rights include minority protections, trade union rights, national security

How rights can conflict

Individual rights threatening collective rights

• Free speech vs anti-hate speech protections, e.g., Holocaust denial restrictions

• Religious freedom vs equality rights, e.g., the Ashers Bakery case (2018)

Collective rights threatening individual rights

• Strikes reducing access to essential services, e.g., junior doctors’ strikes 2022–25

• Covid-19 restrictions limiting movement, assembly and protest

2. The role of the courts

How the judiciary protects rights

• Enforces the rule of law through judicial review

  • Can block unlawful government actions

  • Interprets the Human Rights Act and Equality Act

• Judicial outcomes can strengthen or limit rights

3. The actions of civil liberties groups that campaign to protect rights

• Civil liberties pressure groups play a central role in defending rights through campaigning, legal challenges and public advocacy

How well are rights protected in the UK?

Parliament

• Parliament is sovereign and can create new legislation to protect rights, for example, the Equality Act 2010

• However, Parliament can also overturn existing legislation that protects rights or create legislation that challenges rights’ protection, for example the Public Order Act 2023

Devolved bodies

• Devolved bodies can also create legislation to protect rights, for example the Scottish Government created the Gender Recognition Act in 2023

• However, Parliament remains sovereign and therefore devolved legislation is subservient to parliamentary law

  • For example Parliament vetoed the Gender Recognition Act from Scotland

Judiciary

• Through judicial review, government action can be challenged and the rule of law upheld

  • For example the Supreme Court blocked the prorogation of Parliament in 2019 (Miller v PM), protecting parliamentary sovereignty

• However, whilst judicial review is binding, there is no guarantee of a favourable outcome regarding rights

  • Rulings on ‘sex’ in For Women Scotland Ltd. v Scottish Ministers can be seen to both challenge and protect rights depending on the view of the individual

Executive dominance

• The 'First Past the Post' system in the UK means the government usually has a large majority and can enact legislation easily

  • For example Labour’s commitment to repealing the Strikes (Minimum Service Level) Act

• However, this also means that the government can easily push through legislation which challenges rights without heavy scrutiny

  • For example, Covid restrictions or the Public Order Act 2023

European Court of Human Rights (Council of Europe)

• The UK remains a member of the Council of Europe and therefore citizens can take cases to the European Court of Human Rights

  • For example the ECHR granted an interim measure preventing the removal of an Iraqi national to Rwanda in 2022

• However, the UK has been known to ignore rulings from the ECHR, such as Hirst v UK (2005) on giving prisoners the vote