The Human Rights Act 1998 places the courts in effective control of the British constitution. It could now be described as a 'legal' rather than a 'political' constitution"
"The Human Rights Act 1998 places the courts in effective control of the British constitution. It could now be described as a 'legal' rather than a 'political' constitution" Discuss, using recent caselaw to illustrate your answer. Since the incorporation of the Human Rights Act into UK law, there has been much controversy as to whether the courts have too much input in parliamentary matters. There is also the question of whether the judiciary should not be allowed to exercise this influence since they are not an elected body like the government. This essay will examine the extent to which the courts "control" the constitution, and whether they have removed power from parliament meaning that it is now more legally based. The Human Rights Act 1998 gives greater effect to the Convention Rights which the UK signed in 1953. The vertical aspect of the act means that UK courts can now deal with disputes between the public and the state, instead of having to refer the case to the European Court of Human Rights. The courts have not always had such of influence in parliamentary matters however. The Brind 1991i case illustrates how the Secretary of State was not obliged to take notice of Article 10 of the convention, as it had not officially become part domestic law. Lord Woolf said, in discussion of the effect of making the Convention part of domestic law, "It is already obvious that
The application of common standards necessarily treats people differently, privileging some and penalising others. Thus it becomes an imposition of homogeneity, not an acceptance of difference. Discuss
Introduction Common standards are applied, not just within the United Kingdom, but across the world in the form of human rights. Both of these sets of standards, however, necessarily treat people differently. The law and rights centre on the idea of equality for everyone, without realising that this in an impossible goal, and, most importantly, without recognising that our differences should be celebrated, not condemned. True equality cannot exist unless our differences are understood and embraced; without it we are all compared and likened to the western, wealthy male. Common Standards: International Human Rights Internationally, regarding so called human rights as a common standard across the world, the western world could be said to receive fulfilment of these rights, although not because of these rights but in spite of them. However, those in Africa and the rest of the developing world do not receive any rights, not just because they are poor but because they were born into those countries and into those conditions. A South African during the apartheid regime or a political dissident in China today could correctly claim that they have 'the right not to be discriminated against'. However, no such right exists: 'right' refers to a claim about what morality demands, not what is legally enforceable.1 Human rights claim to create common standards that unify everyone;
Twentieth century Britain saw the immigration and full or partial integration of a variety of different ethnic minorities. Ethnic minority is defined as any group "whose members see themselves as sharing certain cultural characteristics, such as a common history, language, religion, or family or social values which distinguish them from the majority of the population." The sets of factors that hindered or encouraged integration of these groups overlap to a considerable extent. Yet, due to the special characteristics of the distinct ethnic minorities - their social, cultural and economic make-up and the different times at which they arrived - each of these groups also experienced peculiar difficulties and/or advantages with respect to integration. A recent study carried out by the home office in regard to policing British minority ethnic communities, concluded that there is a tendency for black and Asian communities to receive poor and derogatory treatment by the police and that ethnic minority communities are also considered to be suspect societies. Also, despite evidence of police racism, it still seems the case, that conflict between the police and Asian people has been different to that of African/Caribbean people. Studies from the 1970s to the present show that when Asians come into contact with the police, whether as victims or witnesses, their experiences, in terms of
This essay will be divided into four sections. In the first section, the issue about toleration and freedom of speech is discussed. In the second section, the idea of hate speech will be defined. And the related issue of hate speech will be discussed
MLL 110-LAW, SOCIETY AND CICIL RIGHTS Semester One 2006 COMPULSORY ESSAY BY UYEN NGUYEN . The violent reaction to cartoons recently published in Denmark that satirized the prophet Muhammad and the jailing of English historian David Irving in Austria for denying the Holocaust are both serious blows to freedom of speech. In a healthy, tolerant and civilized society freedom of speech must be absolute, no matter how offensive or inflammatory some speech might be. BOUNDARIES TO FREEDOM OF SPEECH Introduction: Some people believe that in a tolerant society freedom of speech means that any point of view is legitimate and should not be suppressed. However, the two events, the satiric cartoon of Muhammad written in Denmark and the jailing of David Irving for denying the Holocaust, which lead people to think about what is meant by free speech and where is its boundary, and whether freedom of speech should be absolute or not. Yet, dilemma sets in when we try to limit freedom of speech. On the one hand, if we try to limit freedom of speech, we may risk the danger to allow governments to censor any speech that expresses ideas different from their. Nevertheless, if we do not limit freedom of speech some inflammatory speech which expresses hatred towards certain group of people might exist and leads to social disharmony. In this essay, I will argue that the above dilemma is in fact
REMEMBERING THE PAST TO SHARE A FUTURE - Recognition, Reflection and Reconciliation of Australias Indigenous History
REMEMBERING THE PAST TO SHARE A FUTURE - Recognition, Reflection and Reconciliation of Australia's Indigenous History 'Those who cannot remember the past are condemned to repeat it' 1 . INTRODUCTION Australian society portrays itself as a shining light in the western world that embraces the principles of individual freedom, equality and justice, through the rule of law and democratic state.2 But examination of this nation's Indigenous history reflects two very conflicting stories of adherence to these principles.3 Now termed the 'history wars', the debate has become a political tool to avoid acceptance of the wrongs of the past.4 The euro-centric view presents an almost utopian recollection of history detached from the bloody realities of the past and enshrined in the image of the ANZAC.5 The alternative, termed the 'dark-armband' view of history, describes the reality; inclusive of the harm, injustice, violence, abduction and dispossession inflicted on Indigenous people since the 'invasion'.6 This paper will examine the role of history in recognition of Indigenous rights and how the barriers of the past, and present, can be overcome to ensure past crimes are not repeated.7 2. THE HISTORY WARS - FICTION AND FACT. 2.1 The Myth of Terra Nullius.8 Prior to 'colonisation' Indigenous Australians had developed a highly stable society that had existed for tens of
Human Rights Essay - Freedom to Protest and Extradition case studies.
Human Rights Essay No. 2 Student No. 0900091 The freedom to protest belongs to the family o so-called qualified rights. It means that in case of these rights the court has to balance the infringement of the private right by the state with the public interests such as national security. To reach the compromise in case of qualified right the principle of proportionality has to be used. The principle of proportionality is a political maxim which states that no layer of government should take any action that exceeds what is reasonably expected to achieve the desired objective. The freedom of expression constitutes one of the essential foundations of a democratic society. It is certainly one of the basic conditions for its progress and development. The judges of British courts even before the enactment of the Human Rights Act recognised the right to freedom of expression. In one of the cases1 in High Court Mr Justice Laws (as he then was) said: 'There is a general principle in our law that the expression of opinion and the conveyance of information will not be restrained by the courts, save on pressing grounds. Freedom of expression is as much a sinew of a common law as it was of the European Convention.' Freedom of expression and freedom of assembly are the rights protected by the Human Rights Act. The act forbids governments and other public authorities (including
Advise Jon regarding whether or not Raila can be prevented from publishing his face and/or his unique number plate. Thorough analysis of the HRA and the HRC will be required, whilst looking at relevant cases
University of Huddersfield School of Law – Coursework Front Cover and Tutor Feedback Statement __________________________________________________________________________________________________________________ * Name JESSICA VAZQUEZ * Student ID No U1056170 * Module Title CON & AD * Module BFL0001/BIL0029 Code * Module Leader NIC COIDEN * Seminar / Tutorial Tutor NIC COIDEN I confirm that this assignment is wholly my own work unless otherwise clarified and referenced. I confirm that I have read and understood the regulations of the University in the context of academic misconduct. * Signature of student ………………………………………………. * Date: …………………………… Word count: 2089 * Anticipated mark …………… Actual Mark (Tutor) ………… Name of marker…………………………………………….. * Student self-evaluation of coursework (Tick one box for each category before you hand in your work) Tutor evaluation of coursework (for tutor use only) A B C D E F A B C D E F Programme Outcome Excellent Very Good Good Competent/ Acceptable Marginal Fail Clear Fail Excellent Very Good Good Competent/ Acceptable Marginal Fail Clear Fail 1. Demonstrate relevant knowledge of the subject area. X 2. Provide evidence of research by
Forced Eviction: Is there a Right to Occupy and How Far is it recognised by Human Rights Law?
Forced Eviction: Is there a Right to Occupy and How Far recognised by Human Rights Law?1 Chapter 1 Introduction and Overview to Human Rights In this chapter it is proposes to examine the manner in which Human Rights have developed both from the Common Law perspective such as Magna Carter, Bill of Rights and Natural Justice and in relation to international treaties. To consider how during World War 2 in June 1941 there was the Declaration of St James Palace 2 the philosophy of human rights was developed into the UN Nations declaration3. Ultimately the Charter was established 4and enshrined in the establishment of the United Nations and the International Court. The Universal Declaration of Human Rights was adopted 10th September 19485 . Will consider the shortcomings in the context of enforceability which lead to the adoption of the European Convention on 4th October 19506 due to an acknowledgement of the need for an European instrument and the shortcomings of the Declarations in terms of remedies and from an European perspective seeing the establishment of the European Court of Human Rights 7and other constituent bodies.8 Chapter 2 Human Rights and applicability to Residential Occupancy policy This Chapter will examine in general terms this right and briefly consider how human rights are or have been violated both in the UK and elsewhere. Identifying appropriate learned
Human Rights Safe in Australia - Whose Rights?
HUMAN RIGHTS SAFE IN AUSTRALIA - WHOSE RIGHTS "A bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inferences"1 I INTRODUCTION Australia is somewhat a strange and nonsensical oddity in the world today. As a nation that has championed the cause of fundamental human rights,2 and was one of the original drafters of the Universal Declaration of Human Rights,3 it has consistently failed to equally guarantee the protection of those very same rights for its own people.4 Despite being a signatory to all human rights treaties, Australia stands today as the only western democracy in the world without a Bill of Rights,5 a failing that has permitted repeated breaches of fundamental freedoms committed under the 'lawful' authority of government policy and legislation.6 This paper will briefly outline the case for an Australian Bill of Rights and echoes the call of many people who recognize the current system is vastly inadequate.7 II WHO NEEDS PROTECTING? Rights protection for white, upper-middle class male conservatives has generally been assured throughout Anglo-Australian history, because they have almost exclusively occupied the strongest positions of political, legal and social power; including the drafting and judicial oversight of the Australian Constitution and
Critically assess whether the reforms proposed by the draft Constitutional Convention on the Future of Europe will satisfy the objectives of the Laeken Declaration.
ROBERT GORDON UNIVERSITY ABERDEEN BUSINESS SCHOOL EUROPEAN UNION LAW Critically assess whether the reforms proposed by the draft Constitutional Convention on the Future of Europe will satisfy the objectives of the Laeken Declaration BY CHRISTINE BYRES WC. 2492 EUROPEAN UNION COURSEWORK INTRODUCTION The E.U Leaders adopted the Declaration at their meeting in Laeken. This meeting was necessary in hopes to identify some of the key questions that must be considered during the next stage of treaty reform and institutional reform. It was in December 2001 that the Laeken Declaration was issued at the end of the Belgian Presidency of the European Union. It set out ambitious tasks for a Convention. The Laeken Declaration helped to establish proposals for the convention "for the reform of the E.U." There are three concerns that the declaration deals with: "1. Europe at a Crossroads; 2. Challenges and Reforms in a Renewed Union; 3. Convention on the future of Europe."1 . EUROPE AT A CROSSROADS For many centuries, the people and the states have engaged in arms and waged war to succeed for command of the European continent. The devastating effect of having two wars and the fact that the Europe's position was weakening in the world brought an increasing awareness that the only way to make Europe strong and united was to have peace. In order to drive out every bad