UK and US: The effectiveness of the protection of rights in each country (Edexcel A-Level Politics): Flashcards

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UK and US: The effectiveness of the protection of rights in each country
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UK primary mechanism for protecting rights

Human Rights Act 1998 (HRA)

What HRA 1998 incorporates into UK law

European Convention on Human Rights (ECHR)

UK constitution type and rights entrenchment status

Uncodified; rights not entrenched

US foundation for rights protection

Constitution, Bill of Rights, amendments

US Bill of Rights definition

First ten amendments to US Constitution

US Supreme Court power over unconstitutional laws

Can strike down federal and state laws

UK declarations of incompatibility - legally binding?

No, not legally binding

UK courts' power over primary legislation

Cannot strike down primary legislation

1803 case establishing US judicial review

Marbury v. Madison

US Civil Rights Act year

1964

Key strength of UK rights system

Flexibility; adaptable to new circumstances

UK parliamentary sovereignty impact on rights

Parliament can amend or repeal rights laws

Key characteristic of US constitutional rights

Entrenched; difficult to alter

2022 case overturning Roe v. Wade

Dobbs v. Jackson Women's Health Organization

When UK can derogate from ECHR

Times of national emergency

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