‹ All questionsPaper 1 · 2022 · 30 marks
Evaluate the view that neither individual rights nor collective rights in the UK are adequately protected and guaranteed.
Democracy & Participation / Human Rights
Mark scheme: agreement
AO1: The UK does not have a systematic and formal Bill of Rights where individual and collective rights are defined.
AO2: We fall behind almost all other western democracies who enjoy defined rights such as these. When the US constitution was drawn up it was the first set of amendments made to benefit the clarity of rights in the US
AO3: If we reflect on this it effectively means that what is not defined and made clear can be subject to abuse by individuals and governments alike. If we consider that the US achieved this over 200 years ago why can the UK not reach this stage now?
AO1: Governments can and do regularly remove or restrict individual rights
AO2: This has occurred over several areas. The rights of prisoners to vote, the length an individual is detained following an arrest, restrictions on individuals who are suspected of terrorism and the list can go on.
AO3: It is clear that governments with a secure majority can pass (or prevent) legislation which relates to individual rights
AO1: Governments can and do regularly remove collective rights
AO2: This has a major impact on the freedom of association and the right to protest. Legislation has been passed which prevents organised collective organisations from protesting. The Blair government prevented protest within a fixed range of Parliament. Counter terrorism legislation restricts both group and individual protest.
AO3: Hence we can conclude that once again if a government so desires it can ‘air brush’ collective rights from the statute books or bring in new laws which restrict collective rights. We conclude that protection is not adequate and it is subject to each new government’s approval.
AO1: A core problem is that individual and collective rights can and do conflict with each other.
AO2: In essence the rights of the many can be at odds with the rights of the one. One good example is the right to privacy put alongside the need for freedom of information. The rights of walkers to enjoy open countryside against the rights of landowners to enjoy land which they own.
AO3: To this there is no really fair or just response. Either we compromise individual rights to collective rights or vice versa. In conclusion both cannot at the same time be adequately protected and guaranteed. protected and guaranteed.
Mark scheme: disagreement
AO1: Both individual and collective rights are well protected having a long history of support and respect. We can trace this back to Magna Carta and the range of civil liberties by established cases.
AO2: Magna Carta established the right of an individual to a fair trial; other civil liberties laid the foundation for other individual and collective rights – from the right not to be held for a long period without having charges levied. The right for groups to collectively petition parliament is well established.
AO3: We reach the verdict that rather than an absence of secure and protected rights for individual and groups there is a vast array of these set out in common law which judges continue to enforce.
AO1: The UK was instrumental and influential in establishing the European Convention of Human Rights and its court in
AO2: Strasbourg. Here both individual and collective rights are protected.
AO3: ECHR rulings have secured rights for individuals against forced deportation from the UK, and government spying on individuals. In terms of protecting collective rights the court has rules to protect religious rights and prisoners rights in relation to whole life sentences.
AO1: It sets out a range of rights –and the UK has ever since its formation in 1950s has abided by its rulings Thus individuals and groups have secured justice and UK governments have complied with their rulings
AO2: The Human Rights Act 1998 has made a huge difference to individual and collective rights in the UK
AO3: This introduced directly into UK law the core individual and group rights enshrined in the European Convention. It has made the securing of those rights more accessible as courts in the UK can directly apply them
AO1: This brings the UK into line with almost every other country in Europe and we can conclude that the UK has attained parity for citizens of the UK alongside all other citizens across the entire continent of Europe
AO2: The Equality Act 200 was another landmark piece of legislation to protect and guarantee both individual and collective rights.
AO3: This legislation brought together important earlier legislation and updated the coverage of rights. Now added to race and gender come other individual and group cohorts such as age and sexual orientation.
AO1: We can conclude that fro from fossilising our individual and collective rights legislation has kept pace with modern society to provide inclusive cover for both the individual and groups.
AO2: Using the source, evaluate the view that in a democracy MPs are free to ignore referendum results and their own political party’s manifesto.
AO3: Using the source, evaluate the view that in a democracy MPs are free to ignore referendum results and their own political party’s manifesto.
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