AO1: The UK has a proud tradition of upholding rights through the common law and through the rules of natural justice. These started with Magna Carta and include habeas corpus and numerous presumptions such as being innocent until proven guilty and the right to remain silent in court. AO2: The development of rights has been evolutionary in the UK and it is the accumulated wisdom of the past AO3: We can conclude that case history has created definitive rules to protect our rights AO1: In addition to common law the UK has a wealth of statute law which sets out clearly rights. These include the Human Rights Act, The Equality Act and the Freedom of Information Act. AO2: Active governments have created additional legislation when society required these and governments have taken on board the needs of its citizens AO3: We can easily reach a verdict that rights in the 2020s are in a much clearer and defined position than ever before AO1: Rights are well protected by an independent and active Supreme Court who place rights at the core of their responsibilities. AO2: The Supreme Court has a high degree of independence and neutrality. Judges make their decision based on the law and not at the whim of any political or governmental demand AO3: We can conclude that rights are well protected by the courts AO1: Rights are further protected by pressure groups who defend minorities and those whose rights have been infringed. AO2: Pressure groups are an alternative and additional voice for the protection of rights in the UK. In 1997 Labour passed a range of statutes designed to enhance rights. Furthermore, pressure groups such as Liberty speak up for those whose rights have been infringed AO3: We can conclude that we have good protective set of rights in place2023 Mock Q2b Evaluate the view that rights in the UK are poorly protected.

AO1: Common law traditions and judicial rules are not clearly set out in our legal system: many are outdated. They are not displayed and published in one accessible document. AO2: Rights are not codified; they are dispersed and not available in one document. Case law abounds on the topic and often can be seen to be in conflict AO3: In order to clearly define rights in the UK and thus protect them there is an urgent need to put them in one place and create a UK Bill of Rights as exists in most other countries. We have to reach the verdict that rights are not effectively protected AO1: On the one hand statue law enhances rights but on the other hand it takes rights away. Successive governments have introduced legislation which has removed rights. AO2: Although governments have introduced statutes which enhance rights and define them at the same time, they do actively remove some when it is politically convenient for the to do so. Hence restriction of rights of movement and assembly have been introduced. If a right is disliked by the government, it can create a new law to remove our rights. This occurs because rights are not entrenched (nor can be) given that Parliament is sovereign and free to change laws as it wishes. AO3: Hence rights are not effectively protected AO1: The Supreme Court has often been accused of being biased and ruling against the protection of rights. AO2: Judges and the Supreme Court have been accused not of being neutral but rather being biased, and of not being independent but following what the government requires. This is evidenced in the low success of judicial reviews defending rights which invariably are won by the government. We can add that ultimately, through the sovereignty of Parliament, judges have to implement statute law. Issues concerning the HRA cannot be stopped but merely referred back to Parliament for their consideration AO3: Thus rights are not effectively protected by courts AO1: Rights are not well protected because pressure groups are not always successful in their protection of rights. AO2: Pressure groups are not always able to protect rights. Although rights pressure groups can seek to vociferously protect rights, they are reliant on Parliament and the executive to support their cause or for Courts to rule in their favour. Pressure groups can raise awareness of rights violations, but their power is limited. AO3: This we can conclude that rights are inadequately protected.