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Students will have an appreciation of how Civil Liberties are defined putting them in a British context regarding legislation in the framework of an uncodified constitution. The HRA & ECHR are taken into account as well as entrenchment, safeguards (or the lack of) & perceived threats in the absence of a 2-tier system.
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Civil liberties
Students will have an appreciation of how Civil Liberties are defined putting them in a British context regarding legislation in the framework of an uncodified constitution. The HRA & ECHR are taken into account as well as entrenchment, safeguards (or the lack of) & perceived threats in the absence of a 2-tier system.
Human rights act and mental health
The document summarizes the key provisions of the UK's Human Rights Act of 1998 and how it relates to mental health cases, with references to relevant Convention articles and case law. The Act makes it unlawful for public authorities to act incompatibly with the Convention. It allows individuals to argue their Convention rights have been infringed in UK courts. While courts cannot overturn legislation, they can issue declarations of incompatibility. The summary provides an overview of cases related to Articles 2, 3, 5, 6, 7, 8, and 10 of the Convention concerning rights to life, protection from inhuman treatment, liberty, fair trials, penalties, privacy and expression.
Summary Bill or RIGHTS Article 3 Section 1-22
The document summarizes the Bill of Rights section of the 1987 Philippine Constitution. It outlines 22 sections that establish various rights and protections for people, including the right to life, liberty, and property; freedom of speech; freedom of religion; rights of the accused such as due process and speedy trial; prohibition against cruel and unusual punishment; and protections against double jeopardy and ex post facto laws. Sections 1-11 establish various civil and political rights, while Sections 12-22 outline additional rights for those who have been accused of crimes.
Article 3 (sec 8-10)
The document summarizes key sections of the 1987 Philippine Constitution relating to individual rights and limitations on state power. It outlines the rights to form associations (Section 8), private property (Section 9), and sanctity of contracts (Section 10). Private property is subject to eminent domain with just compensation and due process. Contracts cannot be applied retroactively. Due process requires any deprivation of life, liberty, or property to be done under a valid law through fair procedures, including requiring warrants for search and arrest.
Bill of rights (lecture)
The document discusses key provisions of the Philippine Bill of Rights, including the rights to life, liberty, and property, and the principles of due process and equal protection under the law. It also provides examples of crimes against persons from the Revised Penal Code such as parricide, murder, homicide, and abortion. The lecturer uses these examples to illustrate how constitutional rights and criminal laws apply in the Philippines.
Bill of Rights Sections 1 to 4
Philippine Bill of Rights. My discussion during my Constitutional Law Class, October 2012, Based on De Leon and Tupaz
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Article III of the Philippine Constitution recognizes and protects fundamental individual rights, including due process, equal protection, freedom from unreasonable search and seizure, right to privacy, free speech, and peaceful assembly. It outlines specific rights of the accused such as right to bail, speedy trial, protection against self-incrimination, prohibition of ex post facto laws and double jeopardy. The article also guarantees access to courts, habeas corpus, and speedy disposition of cases.
The Philippine Bill of Rights: Civil Rights
Lecture slides for an undergraduate class on Philippine Politics and Governance I taught between 2003 and 2005.
This is the first of two slides dealing with the Bill of Rights enshrined in the 1987 Philippine Constitution. The slides specifically cover civil rights.
These slides were prepared using Powerpoint XP.
~~~~~~~~~~~~~~~~
http://brianbelen.blogspot.com
http://brianbelen.wordpress.com
Recommended
Civil liberties
Students will have an appreciation of how Civil Liberties are defined putting them in a British context regarding legislation in the framework of an uncodified constitution. The HRA & ECHR are taken into account as well as entrenchment, safeguards (or the lack of) & perceived threats in the absence of a 2-tier system.
Human rights act and mental health
The document summarizes the key provisions of the UK's Human Rights Act of 1998 and how it relates to mental health cases, with references to relevant Convention articles and case law. The Act makes it unlawful for public authorities to act incompatibly with the Convention. It allows individuals to argue their Convention rights have been infringed in UK courts. While courts cannot overturn legislation, they can issue declarations of incompatibility. The summary provides an overview of cases related to Articles 2, 3, 5, 6, 7, 8, and 10 of the Convention concerning rights to life, protection from inhuman treatment, liberty, fair trials, penalties, privacy and expression.
Summary Bill or RIGHTS Article 3 Section 1-22
The document summarizes the Bill of Rights section of the 1987 Philippine Constitution. It outlines 22 sections that establish various rights and protections for people, including the right to life, liberty, and property; freedom of speech; freedom of religion; rights of the accused such as due process and speedy trial; prohibition against cruel and unusual punishment; and protections against double jeopardy and ex post facto laws. Sections 1-11 establish various civil and political rights, while Sections 12-22 outline additional rights for those who have been accused of crimes.
Article 3 (sec 8-10)
The document summarizes key sections of the 1987 Philippine Constitution relating to individual rights and limitations on state power. It outlines the rights to form associations (Section 8), private property (Section 9), and sanctity of contracts (Section 10). Private property is subject to eminent domain with just compensation and due process. Contracts cannot be applied retroactively. Due process requires any deprivation of life, liberty, or property to be done under a valid law through fair procedures, including requiring warrants for search and arrest.
Bill of rights (lecture)
The document discusses key provisions of the Philippine Bill of Rights, including the rights to life, liberty, and property, and the principles of due process and equal protection under the law. It also provides examples of crimes against persons from the Revised Penal Code such as parricide, murder, homicide, and abortion. The lecturer uses these examples to illustrate how constitutional rights and criminal laws apply in the Philippines.
Bill of Rights Sections 1 to 4
Philippine Bill of Rights. My discussion during my Constitutional Law Class, October 2012, Based on De Leon and Tupaz
ARTICLE III - Sections11-16
Article III of the Philippine Constitution recognizes and protects fundamental individual rights, including due process, equal protection, freedom from unreasonable search and seizure, right to privacy, free speech, and peaceful assembly. It outlines specific rights of the accused such as right to bail, speedy trial, protection against self-incrimination, prohibition of ex post facto laws and double jeopardy. The article also guarantees access to courts, habeas corpus, and speedy disposition of cases.
The Philippine Bill of Rights: Civil Rights
Lecture slides for an undergraduate class on Philippine Politics and Governance I taught between 2003 and 2005.
This is the first of two slides dealing with the Bill of Rights enshrined in the 1987 Philippine Constitution. The slides specifically cover civil rights.
These slides were prepared using Powerpoint XP.
~~~~~~~~~~~~~~~~
http://brianbelen.blogspot.com
http://brianbelen.wordpress.com
ARTICLE III: Bill of Rights Summary
This document outlines 22 sections of Article III of the Bill of Rights in the Philippines. It describes various rights and protections for citizens, including the right to life, liberty and property; freedom of speech, religion and assembly; protections against unreasonable searches and seizures; right to due process and a fair trial; prohibition of cruel punishment; and right against double jeopardy and ex post facto laws.
Bill of rights article iii; section 3 to 6
This document summarizes key sections of the Philippine Bill of Rights. Section 3 discusses the inviolability of privacy and communications except by lawful court order or for public safety. Section 4 protects freedom of speech, expression, press, assembly, and the right to petition. Section 5 establishes separation of church and state. Section 6 protects liberty of abode and travel except as prescribed by law for national security, public safety, or public health.
section 1-3 Bill of rights
The document discusses key aspects of the Bill of Rights section of the 1987 Philippine Constitution. It defines a bill of rights and outlines Sections 1-3 which guarantee equal protection under the law, protect against unreasonable searches and seizures, and protect privacy in communication. It also discusses classes of bill of rights such as individual freedoms and protections against government overreach. The document then explains due process and requisite conditions for search warrants, including probable cause, oath or affirmation, description of the search, and issuance by a neutral magistrate.
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The document discusses several sections of the Bill of Rights in the 1987 Philippine Constitution as explained by the lecturer Mr. John Torres. It covers the right to privacy of communication, freedom of speech and expression, freedom of religion, and liberty of abode. Key rights discussed include freedom from unreasonable searches, freedom of speech and press, separation of church and state, and freedom of movement. Exceptions and limitations to some of these rights are also mentioned.
FOR FINALS PSCN
This document summarizes key sections of the Philippine Bill of Rights. It discusses sections 1-11 which focus on people's rights, including the rights to life, liberty, property, equal protection, and due process. It also covers rights against unreasonable searches and seizures, privacy of communication, freedom of speech and assembly, freedom of religion, liberty of abode and travel, access to information, and rights to form unions and just compensation for private property taken for public use. The document provides analysis and examples for each constitutional right.
Bill of rights. MIDTERM
The document discusses several rights protected by the Philippine Constitution. It begins by defining a bill of rights as a declaration of a person's rights and privileges protected against government violations. It notes the social importance given to individual dignity and worth in a democratic state.
It then outlines specific rights such as the right to life, liberty and property protected by due process of law; equal protection under the law; freedom from unreasonable searches and seizures; privacy of communication; and freedom of speech, press and religion. It provides explanations and limitations for each right. The document emphasizes that these rights are fundamental to popular sovereignty and people's access to governmental decisions.
Article 3 ; Section 4
Article 3 ; Section 4 Bill of Rights
“No law shall be passed abridging the freedom of speech, of expression, or of the press or the right of the people peaceably to assemble and petition the government for redress of grievances.”
No law should be made that would block the freedom of the people in any manner: speech, expression, and of the press.
4 IMPORTANT RIGHTS EMBODIED IN THIS SECTION
FREEDOM OF EXPRESSION
The right of an individual to speak or utter whatever he wants without prior restraint.
“Freedom of speech does not mean you can say anything you want.”
Mandatory Limitations:
Defamations and libel
Unwarranted attacks on other’s opinions and beliefs
Spreading propaganda, malicious gossip and hate speeches (slander)
Destroying the reputation of others
REMEMBER:
We must only write or publish information that is true and that will not damage a person’s reputation.
Other limitations of freedom of speech include anything lewd or obscene, anything that provokes violence or disorder, seditious messages, and clear and present danger.
Right to a Free Press
The right of an individual to write, publish, and circulate whatever he pleases without restraint. It covers every sort of publication such as newspapers, magazines, books, leaflets, and the like, including radio and television.
The right of an individual to write, publish, and circulate whatever he pleases without restraint. It covers every sort of publication such as newspapers, magazines, books, leaflets, and the like, including radio and television.
The right of an individual to write, publish, and circulate whatever he pleases without restraint. It covers every sort of publication such as newspapers, magazines, books, leaflets, and the like, including radio and television.
The right of an individual to write, publish, and circulate whatever he pleases without restraint. It covers every sort of publication such as newspapers, magazines, books, leaflets, and the like, including radio and television.
Filipinos must not be restricted from writing or publishing their opinions and beliefs. They must be free to wite, publish, and circulate whatever they please without constraint.
Freedom of Assembly
The right of people to come together and collectively express, promote, pursue, and defend their idea.
Individuals may hold public meetings or form associations, and may even protest against the government for a certain cause given that there is no violence involved.
Right to Petition
The right of people to make a complaint to, or seek the assistance of, one’s government, without fear of punishment or reprisals.
People may defend their right to petition the government or other institutions for a redress of grievances given that it is peacefully done with the consent of all, and for a good cause.
Bill of rights Section 8,12,14 and 18
The document discusses several articles from the Bill of Rights regarding the rights of individuals in criminal proceedings and the right to form associations. It outlines rights such as the right to remain silent, the right to competent legal counsel, the presumption of innocence, the right to due process, the right against self-incrimination, and the prohibition against involuntary servitude. It also discusses the right to form unions and associations for lawful purposes.
Bill of Rights
The document outlines various rights protected by the Philippine Constitution. It discusses the inherent powers of the state including police power, eminent domain, and taxation. It also categorizes rights as natural rights, constitutional rights, and statutory rights. The document then describes different types of constitutional rights and enumerates specific rights of citizens such as the right to life, liberty, property, equal protection, and privacy. It provides details on rights of the accused such as due process, bail, speedy trial, and right against self-incrimination.
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Notes An Introduction to the Bill Of Rights
The document summarizes the first 10 amendments of the US Constitution known as the Bill of Rights. It provides an overview of the key rights and freedoms protected by each amendment, including freedom of speech, religion, press, trial by jury for criminal and civil cases, due process, quartering of soldiers, search and seizure, self-incrimination, and cruel and unusual punishment. It also notes that the Constitution can be amended with approval from 3/4 of states and Congress.
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Article III Section 11(partly)-12
Any person under investigation has the right to remain silent and have counsel of their choice or provided counsel if they cannot afford it. No coercive means such as torture or threats can be used against the person. Any confession obtained through such coercive means is inadmissible in court. The law provides penalties for violations of these rights and compensation for victims of coercive practices.
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The document discusses the concept and classification of constitutional rights as outlined in a bill of rights. It defines natural rights, constitutional rights, and statutory rights. Constitutional rights are further classified as political rights, civil rights, social and economic rights, and rights of the accused. The document then discusses concepts of due process and equal protection under the law as outlined in Section 1. It also discusses unreasonable searches and seizures as prohibited in Section 2, including the requisites for valid search warrants and instances where search and seizure may be conducted without a warrant.
Article iii of the 1987 constitution of the republic of the philippines
The document outlines 22 sections that comprise the Bill of Rights in the 1987 Constitution of the Philippines. It guarantees various civil liberties and establishes limitations on government power to protect people's basic rights like life, liberty, property, due process, equal protection, freedom of speech, religion, press, assembly, privacy, labor organizing, and fair trials. It prohibits torture, excessive bail, double jeopardy, ex post facto laws, and debt imprisonment.
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Human rights are derived from the concept of human dignity and the relationship between individuals and organized society. They allow for the full development of one's personality and are essential to living a meaningful life. The Universal Declaration of Human Rights, adopted by the UN in 1948, outlines civil, political, economic, social and cultural rights. It addresses the rights to life, equality, privacy and many other freedoms. In India, the right to freedom of speech and expression is a fundamental right under the constitution, though it is subject to reasonable restrictions in interests such as national security and public order.
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Media professionals need to understand media and communications law to avoid legal issues and protect themselves. The laws cover issues like privacy, defamation, contempt of court, and how journalists report on legal cases. Understanding the legal system and one's obligations is important for professionalism in communications work. While laws provide guidelines, their interpretation may change over time or differ from ethical standards. Staying aware of relevant laws helps navigating legal and ethical responsibilities.
Week 4: Terrorism and human rights
This document discusses how terrorism threatens human rights and the challenges counter-terrorism measures pose to human rights. It outlines several human rights, such as the right to life and freedom from torture. While states have an obligation to protect citizens from terrorism, recent counter-terrorism laws and practices have threatened individuals' right to privacy, freedom from discrimination, and fair trials. Security techniques like passenger profiling, detention without charge, extraordinary rendition, and torture have been criticized for violating basic human rights principles.
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This document outlines 22 sections of Article III of the Bill of Rights in the Philippines. It describes various rights and protections for citizens, including the right to life, liberty and property; freedom of speech, religion and assembly; protections against unreasonable searches and seizures; right to due process and a fair trial; prohibition of cruel punishment; and right against double jeopardy and ex post facto laws.
Bill of rights article iii; section 3 to 6
This document summarizes key sections of the Philippine Bill of Rights. Section 3 discusses the inviolability of privacy and communications except by lawful court order or for public safety. Section 4 protects freedom of speech, expression, press, assembly, and the right to petition. Section 5 establishes separation of church and state. Section 6 protects liberty of abode and travel except as prescribed by law for national security, public safety, or public health.
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The document discusses key aspects of the Bill of Rights section of the 1987 Philippine Constitution. It defines a bill of rights and outlines Sections 1-3 which guarantee equal protection under the law, protect against unreasonable searches and seizures, and protect privacy in communication. It also discusses classes of bill of rights such as individual freedoms and protections against government overreach. The document then explains due process and requisite conditions for search warrants, including probable cause, oath or affirmation, description of the search, and issuance by a neutral magistrate.
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This document summarizes key sections of the Philippine Bill of Rights. It discusses sections 1-11 which focus on people's rights and sections 12-22 which cover rights of the accused based on historical issues during Martial Law. The Bill of Rights is designed to preserve ideals of liberty, equality and security. It defines civil rights as belonging to everyone and political rights as participating directly or indirectly. The document then analyzes specific rights covered in sections like right to life, liberty, property and equal protection. It provides explanations and examples for concepts like probable cause, search and arrest warrants, and exceptions allowing warrantless searches and arrests.
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The document discusses several sections of the Bill of Rights in the 1987 Philippine Constitution as explained by the lecturer Mr. John Torres. It covers the right to privacy of communication, freedom of speech and expression, freedom of religion, and liberty of abode. Key rights discussed include freedom from unreasonable searches, freedom of speech and press, separation of church and state, and freedom of movement. Exceptions and limitations to some of these rights are also mentioned.
FOR FINALS PSCN
This document summarizes key sections of the Philippine Bill of Rights. It discusses sections 1-11 which focus on people's rights, including the rights to life, liberty, property, equal protection, and due process. It also covers rights against unreasonable searches and seizures, privacy of communication, freedom of speech and assembly, freedom of religion, liberty of abode and travel, access to information, and rights to form unions and just compensation for private property taken for public use. The document provides analysis and examples for each constitutional right.
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The document discusses several rights protected by the Philippine Constitution. It begins by defining a bill of rights as a declaration of a person's rights and privileges protected against government violations. It notes the social importance given to individual dignity and worth in a democratic state.
It then outlines specific rights such as the right to life, liberty and property protected by due process of law; equal protection under the law; freedom from unreasonable searches and seizures; privacy of communication; and freedom of speech, press and religion. It provides explanations and limitations for each right. The document emphasizes that these rights are fundamental to popular sovereignty and people's access to governmental decisions.
Article 3 ; Section 4
Article 3 ; Section 4 Bill of Rights
“No law shall be passed abridging the freedom of speech, of expression, or of the press or the right of the people peaceably to assemble and petition the government for redress of grievances.”
No law should be made that would block the freedom of the people in any manner: speech, expression, and of the press.
4 IMPORTANT RIGHTS EMBODIED IN THIS SECTION
FREEDOM OF EXPRESSION
The right of an individual to speak or utter whatever he wants without prior restraint.
“Freedom of speech does not mean you can say anything you want.”
Mandatory Limitations:
Defamations and libel
Unwarranted attacks on other’s opinions and beliefs
Spreading propaganda, malicious gossip and hate speeches (slander)
Destroying the reputation of others
REMEMBER:
We must only write or publish information that is true and that will not damage a person’s reputation.
Other limitations of freedom of speech include anything lewd or obscene, anything that provokes violence or disorder, seditious messages, and clear and present danger.
Right to a Free Press
The right of an individual to write, publish, and circulate whatever he pleases without restraint. It covers every sort of publication such as newspapers, magazines, books, leaflets, and the like, including radio and television.
The right of an individual to write, publish, and circulate whatever he pleases without restraint. It covers every sort of publication such as newspapers, magazines, books, leaflets, and the like, including radio and television.
The right of an individual to write, publish, and circulate whatever he pleases without restraint. It covers every sort of publication such as newspapers, magazines, books, leaflets, and the like, including radio and television.
The right of an individual to write, publish, and circulate whatever he pleases without restraint. It covers every sort of publication such as newspapers, magazines, books, leaflets, and the like, including radio and television.
Filipinos must not be restricted from writing or publishing their opinions and beliefs. They must be free to wite, publish, and circulate whatever they please without constraint.
Freedom of Assembly
The right of people to come together and collectively express, promote, pursue, and defend their idea.
Individuals may hold public meetings or form associations, and may even protest against the government for a certain cause given that there is no violence involved.
Right to Petition
The right of people to make a complaint to, or seek the assistance of, one’s government, without fear of punishment or reprisals.
People may defend their right to petition the government or other institutions for a redress of grievances given that it is peacefully done with the consent of all, and for a good cause.
Bill of rights Section 8,12,14 and 18
The document discusses several articles from the Bill of Rights regarding the rights of individuals in criminal proceedings and the right to form associations. It outlines rights such as the right to remain silent, the right to competent legal counsel, the presumption of innocence, the right to due process, the right against self-incrimination, and the prohibition against involuntary servitude. It also discusses the right to form unions and associations for lawful purposes.
Bill of Rights
The document outlines various rights protected by the Philippine Constitution. It discusses the inherent powers of the state including police power, eminent domain, and taxation. It also categorizes rights as natural rights, constitutional rights, and statutory rights. The document then describes different types of constitutional rights and enumerates specific rights of citizens such as the right to life, liberty, property, equal protection, and privacy. It provides details on rights of the accused such as due process, bail, speedy trial, and right against self-incrimination.
Article III Section 10-11(partly)
This document discusses the definition and key aspects of contracts. A contract is an agreement between parties that is legally binding and requires all terms to be fulfilled as agreed upon. Contracts can be entered into by private individuals or governments. The terms of a contract cannot be changed without consent from both parties as that would impair the contract.
Notes An Introduction to the Bill Of Rights
The document summarizes the first 10 amendments of the US Constitution known as the Bill of Rights. It provides an overview of the key rights and freedoms protected by each amendment, including freedom of speech, religion, press, trial by jury for criminal and civil cases, due process, quartering of soldiers, search and seizure, self-incrimination, and cruel and unusual punishment. It also notes that the Constitution can be amended with approval from 3/4 of states and Congress.
e pluribus Unum
This brief presentation summarizes the ways a person can become a citizen, either by birth or by naturalization.
Lm 1 privacy 1
The document discusses the right to privacy in India. It outlines how privacy is defined internationally and in Indian law. It examines key court cases that have established privacy as an implicit right under Article 21 of the Indian Constitution. The document also discusses issues around sting operations and whether interviews given to media can be considered admissible evidence in court cases. While such interviews may be allowed as oral evidence, the courts will consider factors like whether the interview was given voluntarily or under police custody or influence.
Article III Section 11(partly)-12
Any person under investigation has the right to remain silent and have counsel of their choice or provided counsel if they cannot afford it. No coercive means such as torture or threats can be used against the person. Any confession obtained through such coercive means is inadmissible in court. The law provides penalties for violations of these rights and compensation for victims of coercive practices.
Article III Bill of Rights
The document discusses the concept and classification of constitutional rights as outlined in a bill of rights. It defines natural rights, constitutional rights, and statutory rights. Constitutional rights are further classified as political rights, civil rights, social and economic rights, and rights of the accused. The document then discusses concepts of due process and equal protection under the law as outlined in Section 1. It also discusses unreasonable searches and seizures as prohibited in Section 2, including the requisites for valid search warrants and instances where search and seizure may be conducted without a warrant.
Article iii of the 1987 constitution of the republic of the philippines
The document outlines 22 sections that comprise the Bill of Rights in the 1987 Constitution of the Philippines. It guarantees various civil liberties and establishes limitations on government power to protect people's basic rights like life, liberty, property, due process, equal protection, freedom of speech, religion, press, assembly, privacy, labor organizing, and fair trials. It prohibits torture, excessive bail, double jeopardy, ex post facto laws, and debt imprisonment.
Human Rights: Concept and meaning
Human rights are derived from the concept of human dignity and the relationship between individuals and organized society. They allow for the full development of one's personality and are essential to living a meaningful life. The Universal Declaration of Human Rights, adopted by the UN in 1948, outlines civil, political, economic, social and cultural rights. It addresses the rights to life, equality, privacy and many other freedoms. In India, the right to freedom of speech and expression is a fundamental right under the constitution, though it is subject to reasonable restrictions in interests such as national security and public order.
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Uk civil liberties
- 1. UK Civil Liberties Habeas Corpus 1679
- 2. Differences between… Civil Liberties Civil Rights Human Rights
- 3. Civil Rights Civil rights are rights that citizens have in relation to the state. The main examples are the right to… vote or stand for office engage in political activity a fair trial if accused of a crime and access to the law.
- 4. Civil Liberties Civil liberties are freedoms guaranteed by the law and the state. Examples of these are: freedom from illegal discrimination freedom of worship and belief freedom of the press etc.
- 5. Human Rights & HRA The effect of the Human Rights Act is to enshrine civil liberties (though not to the same extent as civil rights) in law. Human rights are commonly accepted as universal rights all people should enjoy anywhere in the world. They include: social & economic rights. most civil rights family life education good health a decent standard of living as well as the right to live in a democratic environment
- 6. How are Civil Liberties Threatened? (1) Non-jury trials Surveillance cameras keeping of DNA records, etc. increases in police powers to stop and search, threatening freedom of movement. issues concerning the treatment of terrorism suspects, illegal immigrants and asylum seekers. threats to freedom of expression through limits to free speech over religion, etc.
- 7. How are Civil Liberties Threatened? (2) use of sanctions such as anti-social behaviour orders (ASBOs) and anti-football hooligan measures which can be applied to individuals who have not been convicted of a crime increasing use of surveillance by local authorities and social security agents against suspected benefits ‘cheats’ and tax avoiders PM & Executive power Uncodified constitution EU withdrawal BREXIT implications on HRA
- 8. How are Civil Liberties Protected? (1) Excessive police powers may be counterbalanced by the judiciary’s enforcement of the rule of law, by the right to a fair trial and, in some cases, by judicial review of treatment by the police. The extension of surveillance has few safeguards. The ECHR does not consider that CCTV is a threat to privacy. Curtailments of freedom of expression can be challenged under the Human Rights Act. The Human Rights Act can also protect people from undue intrusions into their private lives, either by the media or by the state.
- 9. How are Civil Liberties Protected? (2) The Freedom of Information Act and the Data Protection Act enable individuals to discover what information is held against their names by public bodies. This may help to protect them from unfair treatment by the state. The courts have helped to assert people’s rights to fair trial, to equal treatment by the courts and against the excessive use of imprisonment by police or security services. This is also true of asylum seekers, whose rights have been asserted through judicial reviews. The DNA case referred to in IS 9.3 demonstrates how the right to privacy and fair treatment was successfully asserted through judicial review under the Human Rights Act.