A Level Law the Legal System Learner Resource 2

Teacher resource 1 - Introduction to rules and theory

What are Human Rights? Research and find a definition of human rights. Share with your class, agree on the best definition and write it in the box below:

You may want to show this short video as way of introduction to this topic.
Video ‘what are human rights?’

Types

Can you see any links between the three types of rights?

Terminology

From your knowledge and study of earlier topics, provide a definition for each of these terms. Anything that you are not sure of, find a suitable definition from the internet

Term / Definition
Unwritten Constitution / The UK has an unwritten constitution in that there is no single document which contains all of the laws relating to who holds the power to rule. These laws are however, contained in Acts of Parliament and common law decisions however, some are conventions which are long-established traditions which are not legally enforceable. Three principles at the heart of the British constitution are the separation of powers, the supremacy of parliament and the rule of law.
Rule of Law / Written by Professor Dicey in An Introduction to the Study of the Law of the Constitution 1885. Dicey identified three important factors which make up the concept known as the rule of law:

No punishment without law

No man is above the law

Judicial decisions of the courts protect the rights of citizens
Parliamentary Supremacy / Parliament is the highest form of law and must be applied by the courts.
Separation of Powers / The theory of the separation of powers was developed by the eighteenth century French philosopher, Montesquieu, and states that the three primary functions of the state must be kept separate to safeguard the citizens and prevent a dictatorship. These are the executive, legislative and judiciary. The executive formulate the law, the legislative pass the law and the judiciary enforce the law in the courts. Each of the three powers needs to be kept separate so that they can keep checks on each other and ensure that no one abuses or exceeds their power.
Judicial Review / The courts are able to provide a remedy if an individual’s rights are infringed by a public body e.g. government department, police, local council etc.
Habeas Corpus / If a person has been deprived of their liberty, habeas corpus is an ancient right which allows the individual to challenge the legality of their detention in the High Court and be quickly released. An application for habeas corpus takes priority over any other court business. Applications can be made for people awaiting trial, on bail, held in a mental institution, held at the police station and awaiting extradition. After release, the individual can decide if they wish to take further legal action for compensation.

Additional note for teachers

You may wish to link to the Human Rights Act. This link can be used in class to show the learners the main provisions. Alternatively, you may wish for you learners to have a copy of the Act, or specific sections of it.

Human rights law