...realized that they had to prioritise the protection of human rights in order to avoid history from repeating itself (again). More than 50 nations joined forces in forming an organization called the United Nations which drafted the Universal Declaration of Human Rights in 1948. This Declaration was the point of departure for the European Convention on Human Rights and Fundamental Freedoms (hereafter the ECHR) as its drafting was followed soon after by the newly formed Council of Europe in 1950. However, it was only ratified in 1953 under the enforcement of the European Court of Human Rights (ECtHR) in Strasbourg. Contents of the ECHR consists of main rights and freedoms in the form of articles, rules of operation...
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...to scrap the Human Rights Act? The Human Rights Act is a UK law passed by the Labour government in 1998. It means that you can defend your rights in the UK courts and that public organisations, including the Government, the police and local councils, must treat everyone equally, with fairness, dignity and respect. It incorporates the European Convention on Human Rights (ECHR) into British law and was set up so matters could be dealt with in British courts and people did not have the expense, and lengthy wait, of taking the case to the European Court of Human Rights in Strasbourg. The Conservative party believe that a British Bill of Rights is a much better alternative to the HRA whereas the Liberals truly believe that instead of scrapping it, it should be enhanced and strengthened. Although there are many benefits of having a HRA, the flaws outweigh the argument to keep it and should therefore be scrapped. One argument for the abolition of the HRA is that it makes it difficult to fight terrorism and maintain Law and Order. It is hard to do so as terrorist suspects are protected by one main aspect of the HRA, if there is the possibility of them being tortured when returned to their home country the ECHR can block their deportation. For example, in January 2012, Home Secretary Theresa May wished to have Abu Qatada (Osama bin Laden’s right hand man) deported back to Jordan in order to face a trial. However, the ECHR blocked the deportation of Abu Qatada because of fears that...
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...debate and controversy; the extent to how controversial the HRA really is however is up for debate. One of the main facets of the HRA which fuels controversy is the fact that the Act is enforced by an external court in the form of the ECHR. This has proved to be controversial as due to this the judiciary or government not having full control of enforcement of the Human Rights Act and subsequent interpretations of cases coming under the Act, which has in turn produced some fairly controversial cases, perhaps most notable of which includes the case of Learco Chindamo. Chindarmo was a schoolboy who at 15, murdered headmaster Phillip Lawrence outside the gates of his school in the U.K; problems ensued when it arose that under the HRA, Learco could not be deported to his home country of Italy, firstly as he had resided in Britain for over 19 years (the deportation attempt occurred in 2007) and that if all else failed, he could appeal to his human rights, under the Article 8 ‘right to family life’. This was obviously a case of great debate as it featured a supranational body in the ECHR coming into direct conflict with the whims of a British court, thus providing a clear example as to the possible controversy the HRA can cause. In a similar vein, the ECHR being comprised of unelectable, thus largely unaccountable judges adds more ‘fuel to the fire’ for critics as the argument can be made our courts are being taken over by a ‘faceless’ entity which acts above the jurisdiction of the U...
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...| | | | Name | Celestine | Gumaj | | Personal Identifier | 65743f | | | Code | Gb45| | | Assignment Number | 780 | | | Part 1. How are people influenced by the society they live in? Dictionary.reference.com defined Influence as the capacity or power of persons or things to be a compelling force on or produce effects on the actions, behaviour, opinions, etc., of others while Oxford dictionary defined society as a community of people living in a particular country or region and having shared customs, laws and organisations. People can be influenced in the society they live in by the role of law that regulates adults as members of the society which includes how civil liability known as law of negligence and criminal liability such as theft could influence people. (The Open University 2013, Block 1, page 87). Civil law is used to settle dispute between individuals, the party at fault would have to pay compensation or comply with another suitable outcome. A judge would have to hear both party and make a final decision. On the other hand, criminal law is about creating laws for protection of all individuals within society and for the punishment of those individuals who break the law. Criminal law sets out types of behaviour that are forbidden, such as theft, and if such behaviour occurs then punishment follows. Negligence could occur as an act of omission which could foresee the injury of a neighbour. In other to guide against negligence, the ‘’neighbour...
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...Critically analyse the strengths and weaknesses of precedent and statutory interpretation in the UK’s legal systems The doctrine of precedent arises (stare decisis) from the common law implementation in UK courts. This goes back to King’s Henri II (the King’s Bench) whereby past decisions were dispensed throughout the kingdom. The reasons and main advantages of the same are to ensure consistency/uniformity and predictability, thus creating confidence in the legal system. The stare decisis (stand by what is decided) enacts the requirement on the courts to follow/abide by the previous rationes decidendi of previous cases. Mainly, the lower courts will abide by precedent decisions due to the hierarchy invested therein (Binding precedent). In 1966, the House of Lords (now known as UK Supreme Court) referred to the doctrine of precedent as “…an indispensable foundation upon which to decide the law and its application to individual cases. It provides at least some degree of certainty upon which individuals can rely in the conduct of their affairs, as well as a basis for the orderly development of legal rules”. However, the House of Lords advised that: “…that too rigid adherence to precedent may lead to injustice in a particular case and also unduly restrict the proper development of the law. They propose, therefore, to modify their present practice and, while treating former decisions of this House as normally binding, to depart from a previous decision when it appears...
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...Human Rights Acts 1998 protects the UK citizens. The paper considers the incompatibility declaration which is a major hindrance to the Human Rights Acts based on Belmarish Detention case. In spite of this limitation, the overall reports and recommendations forwarded on Human Rights Act, it’s vivid that the UK residents are protected by the rights. Introduction After its enactment into UK law on 2nd October 2000, the Human Rights Act 1998 has also incorporated other European Convention Human Rights (ECHR). It is therefore very important to validate the success of the Human Rights Act in the previous decade. This paper thus focuses on the objectives of the HRA to assess the extent of success to which it offers to the UK residents. This essay will focus on the analysis of the case of A and others versus the secretary of State for Home Department (2004) in order to validate the caveat of the declaration of incompatibility. In this case, it is evident that challenge has been poised on the effectiveness of HRA upholding rights as quite fundamental. However, the success of HRA posits concrete evidence that HRA does not protect the rights of UK residents. Bringing the rights home It is evident that the main purpose of HRA was to intervene and help UK courts solve human rights issues. HRA was also focused to provide a long lasting solution on violation of human rights thus saving on time lost in lengthy court cases in Strasbourg. HRA allowed UK courts to make relevant jurisprudence...
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...Parliamentary sovereignty, once the dominant principle of the UK Constitution, is now under considerable pressure. Discuss this statement with reference to the UK’s membership of the EU, the devolution acts of 1998, the Human Rights Act 1998 and recent judicial comments on the Rule of Law. "Certainly we want to see Europe more united… but it must be in a way which preserves the different traditions, parliamentary powers, and sense of pride in one's own country." Margaret Thatcher Over the course of the years many prominent figures such as politicians and academic writers have been concerned with the diminishing of Parliamentary sovereignty. “Parliamentary sovereignty is a principle of the UK constitution. It makes Parliament the supreme legal authority in the UK, which can create or end any law. Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change. Parliamentary sovereignty is the most important part of the UK constitution.” Historically, due to the lack of a single codified constitution in the UK, the Westminster Parliament is the most powerful and influencing factor on the British political frontier. As opposed to America where the constitution dominates US politics, and legislation can be deemed unconstitutional and revoked by the US judiciary. However, since further integration into Europe incorporating The European Communities Act 1972, The Human Rights Act 1998, European Conventions on Human Rights...
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...bs_bs_banner European Law Journal, Vol. 19, No. 6, November 2013, pp. 759–778. © 2013 John Wiley & Sons Ltd., 9600 Garsington Road, Oxford, OX4 2DQ, UK and 350 Main Street, Malden, MA 02148, USA ACTA and the Enforcement of Copyright in Cyberspace: the Impact on Privacy Iryna Ievdokymova* Abstract: As the reach of the Internet expands, governments increasingly seek to introduce initiatives aimed at controlling individuals’ online activity. One such initiative, aimed, inter alia, at introducing enhanced online copyright enforcement standards, is the Anti-Counterfeiting Trade Agreement (ACTA). The paper analyses a possible effect of Art. 27(3) of the agreement on the data protection and privacy rights, as spelled out in the EU legal order. Firstly, the EU legal framework on Internet surveillance for copyright enforcement will be addressed. Next, the principles and safeguards applicable to data processing in the context of communications surveillance will be illustrated with reference to the jurisprudence of the European Court of Human Rights. It will be argued that ACTA, if interpreted broadly and implemented without safeguards, would provide an incentive for graduated response systems, which, as it will be shown on the example of the French graduated response, may trump privacy rights on a massive scale. I Introduction Could cyberspace be considered a zone of liberty, for the most part unrestrained by government regulation and intrusion into individual rights...
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...The purpose of this assignment is to discuss how and why the Deprivation of Liberty Safeguards (DoLS) was introduced and the current legal position. A critical analysis will be provided of the process and the implications it has for the case example of Lloyd. Background to DoLS The Mental Capacity Act (2005) Deprivation of Liberty Safeguards (DoLS) was introduced 1.4.09 as additions to the Mental Health Act (2007) (DOH 2010). It applies to a person who cannot be detained under the Mental Health Act (1983). A person is not eligible for DoLS if detained under the Mental Health Act (1983). The European Convention on Human Rights (ECHR) identified measures were required to facilitate decisions in a person’s Best Interest in a less restrictive...
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...Freedom of Religion or Belief - how the FCO can help promote respect for this human right “The UK condemns all instances where individuals are persecuted because of their faith or belief, wherever this happens and whatever the religion of the individual or group concerned.”1 SUMMARY Freedom of religion or belief is a human right whose enjoyment is important to achieving the UK’s strategic priorities, particularly as regards conflict prevention and resolution. It is a sensitive issue in many countries. These guidelines, elaborated with the help of specialist stakeholders, aim to provide a simple introduction to the issues for FCO posts and desks, an analytical matrix to identify problems, some general responses to frequently raised issues, and other resources for those who wish to go deeper into the subject. 1 FCO Human Rights Annual Report 2007, p. 106 1 CONTENTS What is freedom of religion or belief? Paras 2-9 Why is freedom of religion or belief important to the UK? Paras 10-11 What is needed to achieve freedom of religion? Para 12 Vulnerable groups and freedom of religion Para 13 Children and freedom of religion Para 14 Freedom of religion and freedom of expression Paras 15-19 Restrictions on freedom of religion Paras 20 – 25 What problems are Posts most likely to encounter? Paras 26 – 32 How can Posts help to promote freedom of religion? Paras 33 – 38 Regional mechanisms Para 39 Some basic...
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...constitution does not provide sufficient protection for the right to protest in the streets The UK has an unwritten constitution and consists of statutes which are laws passed by Parliament. It also consists of conventions which are unwritten practices which have developed over time and common law which is developed by the courts and judges through cases. This makes the law easily amendable and flexible to changes for example the introduction of codified rights of individuals in the Human Rights Act 1998. The UK is a democracy therefore people have the right to freedom of expression and freedom of peaceful assembly, as stated in Article 10 and 11 of the European Convention of Human Rights. The exercise of these rights is necessary in a democratic society as it is in the interest of public authorities, public safety and the protection of the rights and freedom of others. The right to peacefully protest holds great importance as it demonstrates an individual’s freedom to express. However it is crucial that there is a balance between the Convention rights and the power of police to intervene. This essay will firstly address how the European Convention interacts with UK law, secondly it will discuss the rights of public authorities to intervene and lastly conclude whether the UK’s constitution provides sufficient protection for the right to protest in the streets. The ECHR was signed in 1950 in response to the injustices of WW2, the basic idea of these rights emerge from natural...
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...European Conventions on Human Rights and the Human Rights Act 1998, have impacted the doctrine of adverse possession in England & Wales. I will discuss the cases and the impact which the HRA 1998 and the ECHR have had on the decision making process within the courts with regards to the doctrine of, “adverse possession”, in the UK. Rationale of Adverse Possession in England and Wales. The rationale of adverse possession in England and Wales is that; i. There must be a demarcation in reality on the recognition of claims of ownership of property title. ii. As land is finite and therefore a precious commodity then it should be used to its full potential. The common-law doctrine of adverse possession, gave rise to the ease of appropriation of land ownership by squatters/trespassers. In J.A Pye v Graham, Pye were dispossessed of their title to land via a HOL/Supreme court decision, Pye v Graham [2002] UKHL 30, based upon the legislation within LR Act 1925 and Limitations Act 1980. In particular section 75 of LR Act 1925 transferred the title of land to the factual possessor, (Graham) . In J.A. Pye (Oxford) Ltd v. The United Kingdom (Application No. 44302/02) 30 August 2007, Pye didn’t seek the recovery of the lost land but sought compensation from the UK government for lack of procedural protection which subsequently led to the loss of their property. Mummery LJ stated in the Appeal, Pye v Graham [2002] UKHL 30, that the extinction of the...
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...London Common Law Reasoning and Institutions Essay Title: ‘The approach of the Law Lords to statutory interpretation has been radically changed by the Human Rights Act. Judges now see themselves as legislating human rights through their interpretation of Acts of Parliament.’ Student Number: 111244061 Candidate Number: 56307 In the English legal system, Statutory interpretation is seen as the way by which judges give meaning to the statutes by the parliament. Even though Judges have a wider choice of options in interpreting statues, the situation is now different after UK’s membership of the European Union (EU) through the European Communities Act (ECA) 1972 and after the incorporation of the European Convention on Human Rights (ECHR) by the Human Rights Act (HRA) 1998. Judges are now bound to interpret the statues in such a way that is compatible with the provisions of EU law according to Sec 2(4) of ECA 1972 and also should give effect to the spirit of the conventions as required in Sec 3 of HRA 1998. Convention jurisprudence now has an significant and straight role to play in statutory interpretation due to section 3 of HRA 1998. The Convention confers a huge number of fundamental rights, including the right to life, the right to liberty and security, and so on. The United Kingdom became a participant to the Convention many years ago but Parliament did not cope with domestic law until 1998, when the Human Rights Act was passed. So the Convention was not, prior to...
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...Should the UK remain in the EU? In the aftermath of the Second World War, Winston Churchill called for the creation of a "United States of Europe" to bind France and Germany together. In doing so, he made clear that Britain would be a supportive but independent partner of any such entity. He famously said: 'We are with Europe but not of it." In the end, Britain did join the European Economic Community but only in 1973, 15 years after the Treaty of Rome was signed. We joined the Social Chapter in 1997, eight years after it was adopted by other member states. And we never signed up to Economic and Monetary Union or the Schengen Agreement on common borders. However, it is not until now that the British public have been presented with the opportunity to have their say on the matter of our continued membership. Following the 2015 general election, the re-elected Prime Minister David Cameron reiterated a Conservative Party manifesto commitment to hold an 'in-out' referendum on Britain's membership of the European Union by the end of 2017 following renegotiations with EU leaders. This means that between now and the vote the public have to decide whether Europe benefits the country regarding immigration, trade, investment and the protection of Human Rights and peace. Firstly, with regards to the economic repercussions of leaving the EU, many supporters of the so called “Brexit” claim that Britain would have very little difficulty in negotiating some form of free trade agreement with...
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...The Judiciary 2 (a) The rule of law as stated in the source above is “the foundation stone of any healthy democracy”, in this sense for the rule of law to be upheld four principles must be seen. The first is that everyone no matter what position in society is accountable under law. Secondly is that the laws are clear for all and fundamental rights are upheld e.g. the right to reproduce. Thirdly is the process by which the laws are enacted, administered and enforced is accessible and efficient. And finally someone who is impartial and neutral in the decision-making aspect must deliver justice in an acceptable time frame. (b) With reference to the source and your own knowledge, explain how the independence of the judiciary is guaranteed process by. In theory the Judiciary should be independent from the government since it is its own pillar in society. In the coming years the independence of the judiciary has been cemented. This is partly due to the constitutional reform act as shown in the extract, now the Lord Chancellor is guaranteed independence from the Lord chief justice. The Lord Chancellor had to swear an oath to defend the independence of the Judiciary. Another important step to independence of the Judiciary was achieved by the erection of the Supreme Court in 2009, which moved powers further away from the government in the way they could manipulate the courts i.e. The process by which judicial appointments are made is also more independent and distanced from government...
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