TITLE- How Rights have changed and developed over time
Do now-
1- Identify the 6 methods of dispute resolution.
2- Describe an advantage of 1 method.
3- Explain the UDHR.
HOMEWORK OUT PLEASE
Magna Carta
1215- English Barons forced King John to sign the Magna Carta.
This document stated that everyone, even the King, was subject to the law.
‘No free man shall be taken or imprisoned, or dispossessed or outlawed or exiled or in any way ruined, nor will we go or send against him except by the lawful judgement of his peers or by the law of the land’.
Rights have developed since then, but the Magna Carta has remained the heart of our legal system.
Magna Carta
1965- 8 chapters were of no practical use today and have been updated by recent legislation.
1970- Legislation passed that 4 chapters of the Magna Carta are still enforceable.
Basic legal rights stemming from the Magna Carta-
1- The right to a free trial
2- The use of juries
3- Not being arrested without reason.
Magna Carta
In recent years-
The Human Rights Act (1998)
Codification of the law surrounding Human Rights.
The Act ensures that the European Convention on Human Rights was imbedded in the law. This means that UK citizens could bring cases before UK courts and have them resolved without having to go to Strasbourg (court for all Human Rights hearings).
Common law v Legislature
Common Law- constantly evolving to deal with ever changing situations in society. English law works on a common law basis. Judges create common law by delivering written judgements about the case before them. Common law can be applied in different situations and to be updated as required.
Legislation- law passed by Parliament. Provides a legal framework.
Common law v Legislature
For example, a road traffic act might define speed limits and punishments for speeding. When considering a case brought in regard to this act, a judge would work with the exact working of the law. If other judges had already ruled on the same matter, the judge would follow the written guidance. If matters are unclear or undefined, the judge would revise the common law. This revised common law would then be used by other judged in the decision making.
If revised, common law can then cause legislation to be reviewed.
Exam application
Exam application
TITLE- How Rights have changed and developed over time cont.
Do now-
1- Identify when the Magna Carta was written.
2- Describe how the Magna Carta is still relevant.
3- Explain the Human Rights Act.
The right to representation
Trade Union- A group of workers who have joined together in order to protect their rights and to have an organisation to speak and negotiate on their behalf to employers..
Trade unions organise strikes when they are unhappy with conditions.
The right to representation
Trade Union Congress (TUC)- A body that brought a variety of unions together to discuss and promote the rights of trade unions- 1868.
1926- All TUC workers were out on strike.
1984- Miners strike. Government prevailed.
1990- Trade unions formed the Labour party- main source of income.
7 million people are part of a trade union.
Some unions are not part of the TUC- Royal college of Nursing and the British Medical Association.
The right to representation
Laws regulate the action that unions can take in support of their members. For example if they wish to strike, the members must vote for the action in a secret ballot.
In addition to this, one group of workers cannot take strike action to support another group of workers already on strike. This is called secondary action and was outlawed by the Employment Act of 1990.
The role of employers’ associations
Employees need to work together to achieve objectives in relation to pay and conditions at work, and so do employers!
Employers’ associations represent businesses and the people who own them.
Confederation of British Industry (CBI)
Institute of Directors (IoD)
Employers’ associations have historical links to the Conservative party. They lobby government and achieve their aims through influence.
Exam application
Exam application
Exam application
Exam application
Explain how a trade union would support an employee in a workplace dispute.
To what extent do you think that trade unions have been crucial in improving the working conditions of employees since 1970.
Exam application
Exam application