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5. Procedural Protections
About this Lecture
In this previous two modules, we looked at substantive changes to civil liberties and human rights in the United Kingdom. In this module, we move on to consider procedural changes, focusing in particular on: (i) the Human Rights Act 1998, and in particular Section 3 (Interpretation of Legislation) and Section 4 (Declaration of Incompatibility); (ii) Ghaidan vs. Godin-Mendoza (2004) – an example of Section 3 in practice; (iii) Bellinger vs. Bellinger (2003) – an example of Section 4 in practice; (iv) the weakness of procedural protections by international standards; and (v) three more aspects of the Human Rights Act that arguably limit its effectiveness – stringent locus standi requirements, the time limit, and the expense.
In this course, Dr Matthew Williams (University of Oxford) explores the development of civil liberties and human rights protection in the UK through the question ‘Civil liberties and human rights have been eroded in recent years. Discuss.’ In the first module, we introduce the question itself and think about some of the things to think about when answering any essay question of this kind. In the second module, we think about the history of rights protection in the UK from Magna Carta onwards, before turning in the third and fourth modules to four substantive areas of law in which human rights and civil liberties have arguably been ‘eroded’ – national security, criminal justice, the right to protest, and data protection. In the fifth module, we think about how procedural changes have impacted human rights and civil liberties protections, in particular some of the procedures laid out by the Human Rights Act (1998), before turning in the sixth and final module to consider the potential impact of Brexit on human rights and civil liberties protection in the UK.
Dr Matthew Williams is Access and Career Development Fellow at Jesus College, Oxford. His research focuses on the the language of politics, especially how the language of legislation has changed over the previous century. His recent publications include How Language Works in Politics: The Impact of Vague Legislation on Policy (2018).
Cite this Lecture
Williams, M. (2020, December 30). UK Politics – Civil Liberties and Human Rights - Procedural Protections [Video]. MASSOLIT. https://massolit.io/courses/uk-politics-civil-liberties-and-human-rights/procedural-protections
Williams, M. "UK Politics – Civil Liberties and Human Rights – Procedural Protections." MASSOLIT, uploaded by MASSOLIT, 30 Dec 2020, https://massolit.io/courses/uk-politics-civil-liberties-and-human-rights/procedural-protections