The need for a written constitution in the UK

W201, TMA 01 (Word count - 1096) In the UK there is no written constitution, so the term may be defined to embody a set of standards surrounding the governing power. It characterizes the means by which power is concentrated and controlled, in order to be legitimately effective within a state. One of its main functions is to allocate powers between the three branches of government; the executive, legislature and judiciary and impose any necessary checks and balances. It also defines basic values that are considered important to society, and individual human rights. The UK is one of only three countries that have an unwritten constitution, largely due to historical circumstances that have seen no dramatic changes in political power requiring a written constitution. Instead, it is to be found within ordinary legal sources, both statute and common law amongst other sources. Acts of Parliament may have constitutional content, in that they deal with aspects of law which are constitutional, but they are passed by the same procedures as any other statute and are significantly labelled. Statutes regarded as constitutional date back to the Magna Carta in 1215, which largely symbolizes the principles by which the government must be conducted according to law, with the consent of those that are governed. More recently the Human Rights Act in 1998 incorporated the European Convention

  • Word count: 1124
  • Level: University Degree
  • Subject: Law
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Critically appraise the Court's jurisprudence on the Human Rights Act 1998. Does it reflect the balance between individual rights and parliamentary sovereignty?

Critically appraise the Court's jurisprudence on the Human Rights Act 1998. Does it reflect the balance between individual rights and parliamentary sovereignty? The Labour government introduced the Human Rights Act 1998 in order to enact or 'give effect to' the European Convention on Human Rights ('The Convention') into domestic British courts. This had the effect of British legislation having to be interpreted in a manner that was consistent with the rights granted under 'the convention.' And equally all public authorities had to act in conduct compatible with Convention rights. Before analyzing the court's jurisprudence of the Act it is important to appreciate the circumstances and historical context in which this Act was introduced. Prior to the Act there had been a great sense that something had gone wrong. This notion came from two competing tensions and pressures; i.e. 1- the sense that human rights had not been protected under the British law and 2- the growth of importance of human rights. - Factors ranging from the increased power of the executive, parliament being unreliable to protect human rights, common law failing to protect the rights and even the EC had caught UK of violation of human rights. Even as Lord Bridge remarked in the Attorney-General v Guardian Newspapers case 'the common law had not been effective in upholding civil liberties.' These rising

  • Word count: 1327
  • Level: University Degree
  • Subject: Law
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The Socio-Emotional Effects of Hate crimes in Communities and on Human Beings

The Socio-Emotional Effects of Hate crimes in Communities and on Human Beings Introduction Hate crimes are criminal actions intended to harm or intimidate people because of their race, ethnicity, sexual orientation, religion, or other minority group status. They are also referred to as bias crimes. Hate crimes have existed from the beginning of time, severely affecting communities and people without our knowledge. Since the 1980's researchers have tried to explain the social and mental effects of hate crimes on human beings as a whole. In order to eliminate these horrific acts of hate the United States needs to pass the Hate Crimes Prevention Act. Sociology A hate crime is a crime that intentionally offends the victim on an emotional level, for the victim is picked out solely for whom he/she is. The purveyors of hate use explosives, arson, weapons, vandalism, physical violence, and verbal threats of violence to instill fear in their victims, leaving them vulnerable to more attacks and feeling helpless, suspicious, and fearful. Others may become more frustrated and angry if they believe the local government and other groups in the community will not protect them. When perpetrators of hate are not prosecuted as criminals and their acts not publicly condemned, their crimes can weaken even those communities with the healthiest race relations. In 1996, the Federal

  • Word count: 1642
  • Level: University Degree
  • Subject: Law
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Contrast Moralist and Causalist approaches to the Ethics of Torture.

Contrast Moralist and Causalist approaches to the Ethics of Torture. Can the use of torture ever be justified? Torture can be traditionally defined as the imposition of physical suffering upon others through violence, for various reasons usually pertaining to the extraction of information or confession of guilt, but possibly simply for the pleasure of being cruel1 Torture is more commonly known and used as a tool of power2. Torture in most cultures is prohibited as no human deserves the pain and punishment associated; each philosophy though as a different analysis of torture and to what extent torture can be used. A brief history of torture is found that primitive man used to follow instincts and killed his enemy, but archaeologists have found no evidence of torture1, man survived for thousands of years without inflicting torture, only in the last few thousands of years it has become a weapon of state. So why did we start using torture and when are we going to stop? Moralism is the philosophy of adherence to morality, it stresses the importance of the value of an act resides in the act itself. Moralists rather frame terms and actions with a universal humanist ethic3. A Moralist is also known as a Kantian; Kantianism originated from a German philosopher Immanuel Kant. Causalist theories are defined as focusing not on the act but the consequences, also the belief that the

  • Word count: 862
  • Level: University Degree
  • Subject: Law
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Were the causes of the American Revolution economic or political in origin?

Were the causes of the American Revolution economic or political in origin? In 1763, Britain and France settled the conflict that was the 'Seven Years War' with 'Peace of Paris'; with it British territorial hold in North America grow considerably. This period in time can be described as the height of success for the first British Empire: "a period of 'prosperity and glory unknown to any former age' seemed to be opening for Great Britain and her Colonies"1. The Empire was vast in its reach and although already possessing a strong hold in India, her growth in America during this period was phenomenal. However with this great growth came great responsibility, British imperialist now had a greater administrative burden than they had ever previously faced. First America proved fiercely difficult to maintain from London, funds for defence and state matters needed to be found and with the 17th century American colonist proving to be "such good Englishmen"2, ideological differences were just around the corner and was quickly followed by war. A war, which by the accounts of some, brought about the end of the First British Empire. John Miller in his offering of the origins of the revolutionary war, explains that the growing conflicts between the British imperialist and the colonist were considerable; with the Englishmen finding the Americans as being "of a disposition haughty and

  • Word count: 2375
  • Level: University Degree
  • Subject: Law
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The Human Rights Act 1998

The Human Rights Act 1998 (HRA) has incorporated the European Convention on Human Rights (ECRH) into UK law certain rights and freedom set out in the European Convention on Human Rights such as: Right to Life (article 2), The right to liberty and security of person (article 5), The right to a fair trial (article 6), Freedom of expression (article 10) Freedom of association and assembly (article 11), Freedom from discrimination (article 13). They will therefore have an impact on areas such as criminal law, family law, housing law, employment law and education law. There are four main components to the Act. Legislation in the future, is to be read and given effect in a way that is compatible with the Convention rights taking into account the past decisions of the European Court of Human Rights. If legislation is found to be incompatible, the courts may make a declaration to that effect. This does not affect the continuing validity of the legislation, but provides an expedited procedure for the Government to introduce rectifying legislation to parliament. Most importantly, it becomes illegal for a public authority to act in a way that is incompatible with convention rights and a victim of such an unlawful act may bring proceedings against such an authority. For all new legislation, Ministers must make a statement before Second Reading as to whether in their opinion the

  • Word count: 2045
  • Level: University Degree
  • Subject: Law
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Individual Rights Versus Public Order.

Individual Rights Versus Public Order Rough Draft Norma Enriquez CJA 320 Joseph Cain October 16, 2003 Individual Rights Versus Public Order The American justice system faces difficult obstacles daily. A crime occurs and a series of actions proceed. Law enforcement responds the court hears the case and our correctional facilities face overcrowding with our overwhelming need to punish and incarcerate. Every aspect of this system has come under scrutiny with members of society falling under one of two categories: individual rights or public order advocates. One seeks justice with regards to human rights, the other, will sacrifice those rights in return for the safety of its citizens and threats to its homeland. The nature of the individual rights advocate is to hold true what is written in the Constitution, specifically the first ten amendments. "These rights are especially important to criminal defendants facing formal processing by the criminal justice system" (Schmalleger 9). Those accused of committing a crime have rights granted upon arrest beginning with their Miranda rights. Consequently, many people believe that if there is a threat to public safety, certain rights should give way in many instances. I agree that safety is a high priority, on the other hand, how far are we going to allow the government to go in regards to protecting Americans? We will

  • Word count: 1142
  • Level: University Degree
  • Subject: Law
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Are Socio-economic rights justiciable?

Are Socio-economic rights justiciable? It is a commonplace of discussions about human rights that economic and social rights, like the poor themselves, occupy a distinctly second class status. When human rights are mentioned, it is typically civil and political rights that spring to mind, indeed there seems to be permeated through and through both Western government and western society an attitude of indifference toward socio-economic rights. When Western governments include the promotion of human rights in their foreign policy goals where can one find mention of access to the means of livelihood or basic health care? The truth is they are clearly considered much less worthy than other more 'political' rights along the lines of freedoms of expression and political association or a right to due process, which are often made the principle concern of such governmental programmes. And when the role of human rights NGOs is discussed, it is the work of organisations such as Amnesty International or civil liberties associations that we tend to think of. Equally, our paradigm for human rights violation is typically a state-sponsored torture or 'disappearance' rather than, say, childhood death through a preventable disease. The UN Committee on Economic Social and Cultural Rights made a statement ten years ago that could still be quite relevant today. Here the UNESCR described

  • Word count: 2778
  • Level: University Degree
  • Subject: Law
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To what extent is EU law on fundamental rights in a satisfactory state?

To what extent is EU law on fundamental rights in a satisfactory state? Originally the area of fundamental rights was regarded as totally alien to legal order, as it based firmly on economic foundations; therefore fundamental rights were not a pressing concern. Gradually, the European Court of Justice (ECJ) recognised the need to observe certain fundamental rights when applying community law. Fundamental rights were never expressly adopted by the European Courts neither were they mentioned in the original EEC treaty. They have only recently come to play a significant role in common law. Fundamental rights were first recognised by the Courts case law, then endorsed into the Treaty of the European Union and finally written into the draft of the European constitution. Fundamental rights unsatisfactory state can be said to be a result of a lack of acknowledgement within the law. Only common law recognises these rights and lacks case law on the topic. Prior to the late sixties, the Courts refused to allow the treaties to be overridden by a plea based on fundamental rights,1 implicating this area is inadequate. Nevertheless, in the case of Geitling v High Authority2, the ECJ rejected the suggestion that community law might give some protection to fundamental rights contained in the German constitution. It was stated by the European Union, that community law, 'does not contain

  • Word count: 2498
  • Level: University Degree
  • Subject: Law
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Compare and discuss factors that encouraged or hindered the integration of different ethnic minority groups in twentieth-century Britain.

Compare and discuss factors that encouraged or hindered the integration of different ethnic minority groups in twentieth-century Britain. Maximilian Hirn, British Society in the 20th Century, First Essay Integration means to bring 'into equal membership of a common society those groups or persons previously discriminated against...'1 There are legal, socio-economic and cultural aspects to integration. The legal aspects concern the rights Britain grants its minorities. True integration can only be achieved when basic human rights as well as the right to permanent residence, to passive and active voting, to employment, education and social security are not withheld from minority groups. From a socio-economic perspective, integration requires the reduction and eventual absence of segregation in social and economic life, both vertical such as hierarchies of income, prestige, education and horizontal like for example separation of residential areas, or uneven distribution of organisations of the same kind such as firms and schools2. Finally, in a liberal and pluralistic society cultural integration means to allow different cultures within a single democratic state so long as they fulfil two essential conditions: First that they respect the basic constitutional liberties and rights of all residents and citizens in this society, and second that no culture becomes so enclosed in

  • Word count: 2891
  • Level: University Degree
  • Subject: Law
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