Introduction
Common law fundamental rights are rules that protect personal freedoms, rooted not in written laws or international agreements but in court decisions and England’s established legal history. These rights come from courts’ core duty to uphold protections seen as needed for a fair society. To establish such rights, one must show their historical basis in legal tradition and their ongoing relevance to modern values. This text outlines the history, central ideas, and practical use of common law fundamental rights.
The History of Common Law Rights
The origins of common law rights trace back to Magna Carta (1215), which, while not outlining current individual protections, limited royal power and acknowledged certain freedoms. Later steps, including the Petition of Right (1628) and the Habeas Corpus Act (1679), broadened protections against arbitrary government acts. Judicial review in cases like Entick v Carrington (1765) confirmed courts’ authority to block state actions breaking legal standards, indirectly supporting basic rights.
Central Ideas Behind Common Law Rights
Basic principles support common law rights. The principle of legality requires clear legal grounds for state actions. The presumption of liberty lets individuals act freely unless laws explicitly forbid it. Fair process rules, like the right to a fair hearing and impartial decisions, ensure justice in legal matters. These ideas restrict state power and help shape common law rights.
Common Law Rights in Practice: Case Examples
Malone v Metropolitan Police Commissioner (1979) shows common law rights protecting privacy. Courts acknowledged a right to private communication without relying on specific laws. In R v Secretary of State for the Home Department, ex parte Simms (1999), free speech was upheld when the House of Lords ruled restrictions on prisoners’ contact with journalists unlawful. These rulings show how common law adjusts to societal changes and protects rights without legislation.
Common Law Rights and the Human Rights Act 1998
The Human Rights Act 1998 (HRA), which included the European Convention on Human Rights into UK law, changed rights enforcement. While the HRA provides a formal process to claim Convention rights, it does not replace common law rights. Courts often use common law ideas when handling Convention rights, recognizing their shared roles. Discussions suggest common law rights could remain as protections if the UK leaves the European Convention.
The Current Role of Common Law Rights
Despite the HRA’s impact, common law rights stay important. They offer flexible ways to protect freedoms in areas outside the Convention’s scope and reflect a UK-centered approach tied to the nation’s legal history. Their continued use confirms their role in defending individual liberties.
Conclusion
Common law fundamental rights remain essential to the UK’s constitutional system. From Magna Carta to modern privacy and free speech rulings, these rights show a lasting commitment to legal protections. The relationship between common law rights and the HRA creates a strong system that secures freedoms through both laws and court decisions. Cases like Malone and Simms demonstrate practical applications and responses to new challenges. The ongoing growth of common law rights ensures their place in supporting justice and democratic principles.
