• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

19th centuary

Extracts from this document...

Introduction

Civil Liberties Civil liberties are protections from the power of the government. Some of the rights include the following and are freedoms that protect the individual from arbitrary government interference; right to life, freedom from torture, freedom from slavery and forced labour, the right to privacy, the right to a fair trial, freedom of speech and freedom of assembly, and the right to marry and have a family. These are usually guaranteed and protected by the constitution or by adherence to an international treaty. Until the human rights act 1998 (HRA), English law had no formal modern declaration of fundamental human rights, but had the idea that a person is free to do whatever they please but not anything not expressly forbidden. It has been said that a person's liberty is based on two propositions: 1) People may say or do whatever they please, but have to consider neither breaking substantive law nor infringing the legal rights of others. 2) Public authorities may do nothing, but only do what they are authorised by the rule of some common law or statute, and in particular may not interfere with the liberties of individuals without statutory authority. This old approach would for example apply an assumption of freedom of speech, unless there is a gives an exception. ...read more.

Middle

Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed. This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations. Case Study Donatien Kisangani Mukatamwina, a human rights activist working for the Uvira-based Solidarity - Exchange for Integrated Development (SEDI), was arrested by agents of the Rwandan-backed Rally for Congolese Democracy (RCD-Goma) on June 27, beaten, and detained for thirteen days without charge. He was arrested at the nearby Burundi border as he was travelling for a short visit there. A few days before his arrest, security agents of the RCD-Goma visited the SEDI office and questioned the executive secretary, Remi Ngabo, about the organization's work and its funders. This case shows how the human rights of the man were breached because he wasn't presented with a fair trial. This resulted in him being badly assaulted and having false accusation on him. At the end of the thirteen day detain, he was released without charge. This shows that he was wrongly accused and arrested on grounds that were not reasonable. If there was a similar case in the UK, the citizen would have had the right to take police officers to court, and have a case brought upon them. ...read more.

Conclusion

* The protection of health or morals. * The protection of the reputation or rights of others. * The prevention of the disclosure of information received in confidence. * For maintaining the authority and impartiality of the judiciary Case Study On January 9, 1995, Jake Baker, a sophomore at the University of Michigan (Ann Arbor), posted a sexually explicit story to the Usenet newsgroup alt.sex.stories, which is devoted to sexually explicit material. (Usenet newsgroups are akin to electronic bulletin board systems, except that material is not stored in any single place but copied to all participating computers.) In the story, Baker describes the kidnapping, rape, torture, and murder of a young woman. Baker clearly labeled his story as containing "lots of sick stuff"; such material is not uncommon to the particular newsgroup where the story appeared. For the name of the woman in the story, Baker used the name of a woman in one of his classes. The woman did not know Baker and was not aware of the existence of the story until later notified by University officials. In summary of this case study, the pupil who made the article and gave it to the newspaper, did use his own initiative and changed the name of the original person, to someone that he knew from one of his university classes. In this way he didn't breach any acts of confidentiality, by disclosing the name of the person. ?? ?? ?? ?? Taheer Talati HEadway Amina Begum Civil Liberty ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. To advise Reggie, it is necessary to look at the law of adverse possession. ...

    In results, no tenancy can exist if the tenant does not have the right of exclusive possession.41 Exclusive possession gives the tenant a right to keep out strangers including the landlord, but because Lilian would be in and out

  2. unit6 end of unit assignment civil litigation

    Thus a summary assessment would follow. (g) On the basis that your Clients obtain a Judgment, how could they enforce it? On the basis that the Client obtains a judgment, there are a number of ways in which they may enforce it that may include: * A warrant of execution

  1. How has the European Court of Human Rights contributed to the protection of children's ...

    Indeed, the Court has progressively recognised paramountcy of children's rights - Art. 3 UNCRC55 - in accordance with national laws56, most recently in Yousef v. Netherlands57, which the author argues was discriminative, holding that as between unmarried father and child, child's Art.

  2. Free essay

    heirachy of civil courts

    tribunal * Mental health review tribunal * Pensions appeal tribunal * Social security and child support appeal tribunal * Special education needs and disability tribunal * Transport tribunal * VAT and duties tribunal The jurisdiction of the tribunals may be original or appellate.

  1. The right to a fair trial is one of the key points established within ...

    discretionary, and these provisions seem to completely ignore the right to a fair trial - there is no intention to achieve equality between the parties as the discretion as to whether the applicant can have legal representation shows. A fair trial as mentioned in Fenwick's civil liberties and human rights11

  2. Discuss the extent of the states obligations under articles 2 and 3 of the ...

    Article 3 - prohibition of torture No one shall be subjected to torture or to inhuman or degrading treatment or punishment. Article 3 is an absolute right, allowing no derogations but it can be interpreted in various ways. Whether an act constitutes inhuman or degrading treatment depends upon a range of factors and the individual circumstances of each case.

  1. Care Values and Practice Module

    She was entitled to her own room, I.e. privacy. In this situation she had the right to be treated as an individual. The case study does not mention that English is Tisha's mother tongue, if it is not then she should have expected a translator because there is a clear

  2. The Human Rights Act of 1998 is an act of parliament from the United ...

    A relative of a victim if the complaint is about the death of a victim; * An individual or company who case could be heard by the European Court of Human Rights in Strasbourg. (www.courtservice.gov.uk) Powers that are passed to the courts because of the act are in two forms, fault in primary legislation and fault in secondary legislation.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work