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English Law has so far failed to reconcile the demands of the emerging European human rights jurisprudence with its instinctive tendency to create 'public interest immunities' in respect of the negligence liability of public bodies.

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  • Essay length: 1798 words
  • Submitted: 19/06/2006
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University Degree English Legal System

The first 200 words of this essay...

"English Law has so far failed to reconcile the demands of the emerging European human rights jurisprudence with its instinctive tendency to create 'public interest immunities' in respect of the negligence liability of public bodies. Reform of the law is needed."

Introduction

The aims of this essay are to critically discuss the statement, "English Law has so far failed to reconcile the demands of the emerging European human rights jurisprudence with its instinctive tendency to create 'public interest immunities' in respect of the negligence liability of public bodies. Reform of the law is needed." From this I will establish reasoned arguments as to whether or not I agree or disagree with the statement, illustrating my answer by reference to case law and statutory provisions.

What is the relevant law?

Relevant laws for the argument is contained within Human Rights Acts 1998, section 6, Acts of public authorities, which I extracted from Common Law (Law 103/220) 2002 - 2003 Statutory Materials Handbook. Which states:

(1) It is unlawful for a public authority to act in a way that is incompatible with a convention right.

(2) Subsection (1) does not apply to an act if

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