How does the SC protect rights?

  1. JUDICIAL REVIEW
  • SC able to question the lawfulness of decisions made by public bodies, such as local councils, government departments, police forces or health authorities.
  • However, it’s limited by parliamentary sovereignty.
  • Al Rawi v Security Service (2010) – gov wanted to use ‘closed material procedure’, SC said it would undermine civil liberties, parliament passed Justice and Security Act (2010) to allow it.
  1. HRA
  • In 1998, the ECHR was incorporated into UK law by Blair gov, stating that all legislation, actions and decisions made by any decision makers had to conform to the convention.
  • This has meant citizens can assert their rights more forcefully.
  • In cases where human rights have been abused, it has resulted in important court cases with political significance.
  • A and others v Secretary of State for the Home Department(2004) held that the indefinite detention of foreign prisoners in Belmarsh without trial under the Anti-terrorism Act (2001) was incompatible with ECHR.
  1. EU
  • The European Court of Human Rights that was set up by the Council of Europe allows citizens who believe they have had their rights abused by the government, and if they believe that the British Court has not interpreted the HRA correctly, the right to appeal to them.
  • If it finds the Convention has been broken it can reverse the decision in question. This is the highest appeal so a case can go no further.
  • There is however an exception, and that is that the ECHR cannot set aside any law made by the Westminster Parliament as this is not subject to the European Convention.