Is police use of stop and search ethical?
Is Police use of Stop and Search Ethical? "The powers of the police under current legislation are required for the prevention and detection of crime and should remain unchanged". (Mcpherson, 1998) INTRODUCTION This report looks at how the Police have used stop and search powers over history and how contributing factors such racism and crime have caused policies and practices to evolve into the laws as we know them today. HISTORY The statutory authority for stop and search began with the vagrancy Act of 1824, which was passed to stop destitute soldiers coming back from the Napoleonic wars begging on the streets (socialistworker.co.uk). This controversially became known as The 'sus' law giving police the authority to arrest and prosecute anybody who was 'loitering with intent'. This led to ethnic communties being targeted by the police in a blatient act of discrimination. (Maguire et al 2007). The Act was amended several times, most notably by the Vagrancy Act 1839 which introduced a number of new public order offences that were deemed at the time to be likely to cause moral outrage. Legistlation continued to be amended throughout history, although ethnic minorities continued to be discriminated agaisnt, partly because the police service was still almost exclusively white. A lack of understanding alienated ethnic minority communties and led to mutual mistrust and
In human rights there is no right which is more fundamental than others. Discuss.
In human rights there is no right which is more fundamental than others. Discuss. Human rights can generally be defined as "those rights, which are inherent in our nature and without which we cannot live as human beings."1 However, such a general definition poses a number of questions regarding whose 'nature' is to be used as a yardstick in establishing a list of such rights. It is likely that human rights find their origin in natural law. Natural law theorists had developed the idea that human beings are endowed with certain inalienable rights. According to "[t]his theory a natural order exists in the universe ... [e]verything has its own qualities and is subject to the rules of nature to achieve its full potential."2 Hence, anything that prevents a person from achieving his full potential is contrary to this higher order. Today human rights are largely protected through national constitutions and through various international conventions, treaties, charters, and declarations. The brief for this assignment calls for an examination on whether their exist any distinguishing criteria between human rights. I propose to base my discussion, in the main, on the text of the Convention for the Protection of Human Rights and Fundamental Freedoms, that is the European Convention on Human Rights (ECHR)3. One frequently reads that all rights are equal or interdependent. Thus, it
Human Rights Act
Critically asses if articles 8 to 11 of the European Convention on Human Rights allow the state too much latitude in their qualification to interfere with those rights. This essay will asses if articles 8 to 11 of the European Convention on Human Rights allows the the state too much freedom to intefere with their rights. It will do this by describing the Qualified, Absolute, and Limited Rights, and will then discuss Articles 8, in regards to the right for a private life, and Article 10, in view of the right to freedom of expression. It will then sum up whether or not the European Convention on Human Rights does or does not allow the state too much latitude to intefere. In 1950, representatives of all the Member States of the Council of Europe signed the European Convention on Human Rights. It was argued that collective security in human rights was as necessary as its military counterpart for the promotion and defence of "individual freedom, political liberty and the rule of law."1 The European Convention on Human Rights still remains, a result of its time and the worry of those who drafted it. As the European Convention on Human Rights was signed shortly after Second World War and during Cold War, the rights naturally were ways of protection for predominantly civil and political rights, as apposed to social or economic. Clear examples of the kind of rights protected by the
How is that balance promoted in the Convention itself, and how satisfactory, in your view, has the European Commission on Human Rights and the European Court of Human Rights pursued that aim?"
RESTRICTIONS ON HUMAN RIGHTS IN THE EUROPEAN CONVENTION HOW TO KEEP BALANCE BETWEEN RIGHTS OF THE INDIVIDUALS AND THE INTRESTS AND RIGHTS OF THE WHOLE SOCIETY? Martijn Brinkhuis 2a Marley Court Parkwood University of Kent Canterbury [email protected] Human rights and English law Michaelmas term, December 17th 1998 "The European Convention on Human Rights seeks to balance the rights of the individual with various other rights and interests in society. How is that balance promoted in the Convention itself, and how satisfactory, in your view, has the European Commission on Human Rights and the European Court of Human Rights pursued that aim?" INDEX Page 4 - Introduction - The Convention in short Page 5 - The problem to balance Page 6 - Limitations on the rights Page 7 - The doctrine of margin appreciation - Article 64 Page 8 - How does it work? - Enforcing the Convention Page 9 - Conclusion Page 10 - Bibliography INTRODUCTION After the Second World War, an international (European) organisation, called the Council of Europe, was formed. The Council drafted the European Convention on Human Rights1. It was signed in 1950 and entered into force in 1953. Intentionally as a means of preventing the kind of violation of human rights seen in Europe during and before the war. Another reason was the wish to protect Western Europe against communism,
ECHR Article 8: Where does margin of appreciation lie regarding the respect for private and family life under Article 8 ECHR in cases of deportation
European Human Rights Law/EU Law Assignment One Question 1 ‘Where does margin of appreciation lie regarding the respect for private and family life under Article 8 ECHR in cases of deportation’. Discuss. ________________ Question 1: Article 8 of the European Convention on Human Rights aims to protect the individual against arbitrary interference in his or her private or family life. It is a qualified right, so that there is the possibility for state interference and states certainly have some discretion when applying the Article, thus, there is a certain ‘margin of appreciation’ given to member states. The following essay will explore the extent of the margin of appreciation in relation to Article 8 in deportation cases. The first part of the essay will give consideration to the margin of appreciation doctrine in general, as this plays a crucial role in the interpretation of all of the Convention rights. The second part of the essay will then explore the evolution of Article 8 case law in the field of deportation. Here, a particular focus will be on deportation cases of long-term immigrants, so called ‘virtual nationals’. Lastly, the current position of case law on this issue will be examined and propositions for reform, which would narrow the margin or appreciation, will be put forward. The margin of appreciation is a doctrine that plays a crucial role in
Have the courts helped the Human Rights Act achieve its objectives?
The courts are central to the success of the Human Rights Act's 1(HRA) objectives: "Parliament has entrusted to the courts the duty to stand guard over the irreducible and universal human rights contained in the ECHR. It is therefore the duty of the courts to define the contours of our rights-based democracy." 2 Judges are required to make their judgements amidst political controversy, whilst keeping in mind that the democratically elected Parliament is supreme. This renders the task of helping the Human Rights Act achieve its objectives illuminating. There have been many criticisms of the courts approach to the HRA,3 as Bradley has found.4 Within this controversial area, I shall critically consider whether the courts have helped the HRA achieve its objectives. The HRA makes most of the rights in the European Convention on Human Rights5 (ECHR) enforceable at a domestic level. The objectives of the HRA were to "bring rights home"6 by giving further effect to convention rights, making them more accessible7 to UK citizens, and increasing their enforceability.8 These objectives are achieved in two main ways: Firstly, by creating a new rule of statutory interpretation (section 3)9 and secondly, ensuring that public bodies act compatibly with the convention rights (section 6).10 These two sections are fundamental to the success of the HRA, therefore, they will be the basis for
Doctrine of essential features of a constitution
One step forward, three steps back. A critical analysis of the doctrine of core values of a constitution in Mike Campbell and Another v Minister of Lands and Another1 By Tazorora TG Musarurwa2 Introduction On 14 January 2008 I entered for the first time the court-room of the Supreme Court of Zimbabwe. On this day I was scheduled to be in Pretoria to begin my LLM studies at the University of Pretoria but I had refused to forego the opportunity of a debut appearance before the highest court in the land. As a young legal practitioner I had decided to utilise every opportunity that came before me which advanced my career. Even though the matter was a pro deo (where the attorney charges no fees) one, the prospect of winning my first Supreme Court case was worth more than any money I could have been paid. As I entered the courtroom I was surprised as it was rather small and fell short of what I had expected as a 'supreme' court. Nonetheless, I took my seat by the bar and was informed by the orderly that my case was the second of two cases that were to be heard that day. Just after 1000hrs we all rose as the court orderly had ordered and the three Supreme Court judges entered the court and took their respective seats. It was my first time to set eyes on the honourable Malaba JA as before I had only read his name from the law reports. It is interesting to be able to put a face to
Role and Powers of the Scottish Parliament
Role and Powers of the Scottish Parliament Parliament is the highest governmental authority in Britain. The MSP's, elected by the public, are responsible for checking the work of Government. They examine, debate and approve new laws. The main function of the Scottish Parliament is that they hold the Scottish Executive to account through oral and written questions and through scrutiny of its policies within their committees. Parliament introduces new laws on devolved matters by examining, amending and voting on Bills. They debate on important topical issues, conduct enquiries and publish reports. The Scottish Parliament also has the power to raise or lower the basic rate of income tax by up to 3 pence in the pound. Parliament has two main authorities, Devolved and Reserved. "Devolution is the delegation of power from a central government to local bodies"1 Devolved power deals with matters such as health, education and prisons. These issues were previously dealt with by the parliament at Westminster and are now decided in Scotland. Reserved power deals with political decisions. These major decisions are likely to have a considerable impact both within the UK and internationally. They are reserved and dealt with at Westminster in London. Devolution is the delegation of power from a central government to local bodies. Scotland was granted devolution by the passing of the
What effect has the Human Rights Act 1998 had on the law of England and Wales?
What effect has the Human Rights Act 1998 had on the law of England and Wales? Discuss: Pre-existing protection for human rights/civil liberties Pre HRA effect of the ECHR Key effects of the HRA: - interpretative duty - declarations of incompatibility - remedial orders - prohibition of incompatible acts by a public authority - application in private disputes Critique: - preservation of parliamentary sovereignty - does not incorporate Article 13 Possible answer The HRA 1998 came into force on 2 October 2000 and made it possible to enforce the European Convention on Human Rights in British courts. In Wales the Government of Wales Act 1998 introduced Convention rights a little earlier, in July 1999, since the GOWA included a provision prohibiting the National Assembly for Wales from acting incompatibly with the ECHR. A similar provision was contained in the Scotland Act in relation to the Scottish Parliament and the Scottish Executive. Prior to the commencement of the HRA 1998, the UK was bound by virtue of its obligations under the ECHR to ensure respect for the rights and fundamental freedoms set out in the Convention. Under the Convention itself it was possible (and, post-HRA, it remains possible) for an individual claiming to be a victim of a violation of his or her Convention rights to take a case to the European Court of Human Rights in Strasbourg and for
Human Rights Act 1998 is a constitutional act
The enactment of the Human Rights Act 1998 (HRA) and the incorporation of European Convention on Human Rights (ECHR) in United Kingdom law marked a turning point in United Kingdom's legal and constitutional history. This new epoch has brought about greater domestic respect for human rights under the rule of law, resulting in significant changes in public law, both in substance and in the conduct of judicial review proceedings. This essay question is concerned about the consequent impacts of this statute upon British constitution. In order to approach this question, I shall basically focus on three areas; the constitution of United Kingdom in relation with the unwritten constitution, the Human Rights Act 1998 and the consequences of this Act on the English legal system. In modern democratic nations the constitution is often to be found in a written and codified form. The United Kingdom is very unusual among those countries in not having such constitution. The British constitution is neither written nor codified in any single document; which is regarded as unwritten constitution1. However, when a nation-state possessed a written constitution, the constitutional law of such countries should be obvious and equitably clear. The law making and enforcing bodies of such countries 'must' have to behave in accordance with their constitution. There is no chance whatsoever, to override