Civil Liberties: General Principles and The Human Rights Act 1998

Abstract

The theme of civil liberties has, on the whole, been a minor one in the UK constitution. For example Magna Carta 1215, although widely regarded as a decisive constitutional act, was a response to a series of disputes between King John and certain influential groups of aristocrats and church dignitaries over their property rights and special privileges. The Bill of Rights 1688 has little to do with individual rights and focuses mainly on the rights of Parliament against the Crown. The Tudors created a repressive executive apparatus which included censorship, an effective secret service and special ‘prerogative courts’ such as the Star Chamber which tried offences affecting the interests of the Crown and claimed the right to police the public morals (cf Shaw v. DPP [1962] AC 220 at 268).