The European Human Right Act - Coursework Example

European Human Rights. Introduction: Human right is the fundamental rights and freedom to live freely. Human right is a universal concept and it is been accepted by most of the countries in the world. However, different country has different law enforced at par with the socio-cultural and socio-economic condition of the country. The modern behavior and the concept of the human right evolved after the Second World War. The judicial moral plays a very vital role to monitor serve the purpose of the human right in each and every country. Each country has its own human right commission, which is monitoring body or the organization which serves to the control and development of the human right. The fist human right commission in Europe was selected in May 1954 (willium, Zehner, Rendelsmann & Pianka 45), and one of the greatest achievements of the commission was, the reinforcement of the importance of the international where every individual has under the international law and sometimes they can bring a case to any international body to fight against his own country. However, this advanced and the revolutionary though is not been accepted by all the countries. It is very important to understand of each and every human being has its fundamental right to have the liberty to live freely, and that is the fundamental concept of the human right commission. The judicial structure of the country plays a very important role to maintain and control the human rights of the country The European Human Right Act: It is very easy to understand that while the Human Right becomes a law then the attitude towards the human right becomes very formal and each individual takes it very seriously. The Human Right Act is basically an act which gives the reforms the Human Right in a legal form. It is been quoted by one of the most well known British Judges of the century, Mr. Lord Denning that “I hope that we shall not incorporate the European Convention into our law as part of it. […] it is framed in a style which is quite contrary to anything to which we are accustomed. There are broad statements of exceptions- which are so broad that they are capable of giving rise to infinity of argument.” (Betten 1). This specific statement by the most distinguished judges of the century, Lord Denning, has focused on the fact that, it is not favorable for the British to incorporate the ECHR (European Convention on Human Rights) in the British law. This fact is very specifically described in his [Lord Denning] book What Next in the Law. One of the most interesting facts observed within the whole operation is the fact that the judges of United Kingdom will not be margined by the interpretation of the legitimate provisions of the European Court (Betten 2). However, the European Convention on human right is been one of the most successful system in context with the international protection of the Human rights, but this is very to understand that facts that among the 44,100 applications only 734 were made by the court (Davis 29). The European Bill of rights (1998): The ancient origin of bill of right is been created in Athens. It was an ancient Greeks who introduced the revolutionary fact that human being are the part of the government and the fundamental rights of the human being should be enforced by the law (Wiltshire 9). In the late nineties Lord Steyn, the law Lord, identified the development of the proper principle to interpret the forthcoming Human Rights Act as the great challenge for the courts. According to his suggestion to get out the best output of the forth coming Human Right Act, the Academic Lawyers and practitioners should teach the judges, and the influence of these facts affected the public law and the effect of the ACT is very much influential on the public Law (Betten 11). The European court has always responded to the right of each and every individual, and they have always accepted the case related to the Human right and the most important part is, the signatory states have accepted the ruling of them. On the context of these points the European court has shown a tremendous success. As a result the conventional human right system is no more the mechanism focused on preventing the upcoming of totalitarian government. If the cases are thoroughly observed then we can come to know that the majority of the cases are against the countries which have strong democratic institutions. As the result of the influence of the individual rights, the convention has evolved into something approaching towards the constitutional bill of right. The main aim of this is, to establish a common bill of right in the whole Europe ignoring the existence of the real threats of the totalitarianism. The contemporary stereotype image of the human right is just like a public law but it should get some specialized status, which should get much higher grade than that of a normal law. In a fictitious system where these laws are given more priority, has been seen more successful to sustain the importance of the Human Right Act. The example would be Germany. The human right does not have any specialized public law status. It has always been the primary understanding within the legal order of the UK that the Human Rights have to have a great protection from both the public and private entities (Betten 193). The effect on the Court: The effect on the Court was very much prominent in context with the Human Right Act 1998. The weak bill has given a great negative effect on the Court. In the Section 6(1) of HRA is read on combination with the section 6(3) portrays the fact, “ it is unlawful for [a court] to act in a way which is incomputable with a Convention right” from this statement it is not very prominently clear how the court should handle rights arguments in the contemporary private law (Mak 120). The judicial practice of the Human Right act law is been practiced in Court, but the Human Right act 1998 had many renewals and many changes which gave the Judges a big problem to get accustomed with the new bill of Act. However, the effect was not permanent. The European Court of Human Right: The success of the European Court of the Human Right is almost unbelievable. Recently the jurisdiction of the European Court of Human Rights has extended in 47 States which are having more than 800 million inhabitants (Wolfrun and Deutsch 1). The court plays a very important role in the democratic society. The court and the legal systems are the pivotal factors to sustain the human rights for the citizen of the country. The European court of the human right has developed the American style body of constitutional law for the last thirty years. France has become the Supreme Court of the Europe for many incidents by interpreting the conventional approach of the European human right (Goldhaber, 1). The Strasbourg court is one of the main civil courts; here each individual European can sue the European nation for any violation of the human right norms. The Strasbourg Court has no discretion to accept or reject a case. According to the records in 2006 the Strasbourg Court had handed down more than 1500 complete judgments (Wolfrun and Deutsch 1). So it is very critical to justify the role and control of the European Human right in a systematic manner. However it was a great achievement to unite the several states of the Europe under the one roof of the council of Europe. The value system of the European Commission of the Human Rights was further tightened and strengthened by two monitoring bodies one is the Commission and other one is the Court. It is very prominent that the Eastern Europe suffered the intellectual ruins. There were barely any strong national constitutional traditions which would have showed the path for the liberation from the hard dictatorship. The conceptual logic of the ECHR can be described profoundly as focusing at the evolution of the common constitutional space. The very vital question to be answered is the European courts are not able to handle the cases in a proper manner? It means that in most of the European courts the ratio between the case handles and the final judgment given by the court is very high, which means most of the time the court is not able to handle the case in a profound manner. However, in Switzerland the ratio between the case handled by the court and the final judgment pronounced by the court is less favorable. In 2006 it was found from the data that 335 application was lodged among them five were declared admissible due to some unknown reason and in nine cases the court found violation. The example of those cases gave the profound conclusion that there is a vast structural inefficiencies existing in the system (Wolfrun and Deutsch 10). The paradox of compliance: It is very true that in most of the contemporary legal system the primary function is to follow the existing rules, not to create new rules or laws. This is just like a fiction in the European Courts. The judicial organ by its creative nature they change it and this is eventually case of most of the constitutions. Be that as it should be, this fiction provides a very important factor to the society. It is a system which is very much democratic itself. Under these circumstances it is very hard to find any judicial creativity. This factor explains clearly the reason of the courts to be very rare to show courage to pronounce final judgment with the touch of creativity. However, if we focus on the achievements of the European Court of Justice than it can be concluded that the ECJ is been capable to play more vital roles than most of the Supreme Courts in the national level. The achievements of the ECJ are far more remarkable when it is considered that it is build upon a more weak foundation (Dehousse 117). Weak Court and strong rights: The British Human Right Acts 1998 have many importance of the European Convention on the Human Rights enforceable in the British Court. The Act contains a provision which is not directly connected to judicial review. The focus can be given on the Section 19 of the Act, this section needs that a minister in charge of the legislative proposal it indicates the statement of compatibility. The problem occurred while the Supporter of Human Right Act grabbed the focus of everyone by saying, the governments are rarely prepared to violate the fundamental rights, then where the compatibility factor comes from and how it would be justified under the Human Right Act 1998?. The statement of compatibility is easy to make but not easy to sustain. However it can be easy to make as well. One way is the bill clearance similar to the bill clearance of OLC, the biggest part of the proposed legislation will raise no substantial questions under the convention, secondly the more important, the Home Office, which has announced the sensible policy where the mare existence of the argument which supports the fact, the proposal is compatible with the convention rights is not sufficient to justify issuing a statement of compatibility (Tushner 189 142). The weak bill of Human Right Act 1998 also given a false promise to the women, the women under law is basically the topical interest of the European Convention on Human Rights into UK law by the Human Right Act 1998. The women act as the mother worker and the primary victims of the violence. The flaws in the Human Right Act regarding to the women can be studded in the book Women under the law: the false promise of human rights by McColgan Aileen. Conclusion: Human Right Act is one of the main importances of the state for the betterment of the human liberty. The proper bill of act is very much important to maintain and sustain the best judicial practice. However, the weak bill puts a great punch on the Judicial Courts and that’s the reason the final judgment of the court is predominantly low in volume. And this factor is taking away the trust of the human being. The proper balance should be maintained between the strong bill and the appropriate function of Court. Works Cited Betten, L. The Human Rights Act 1998: What it means: the incorporation of the European Convention on Human Rights into the legal order of the United Kingdom. Leiden: Martinus Nijhoff Publishers, 1999. Davis, H. Human Right Law Directions. Oxford: Oxford University Press, 2007. Dehousse R. The European Court of Justice: the politics of judicial integration. Hants: Palgrave Macmillan, 1998. Goldhaber, Michel D. A People's History of the European Court of Human Rights.North Carolina: Rutgers University Press, 2009. Mak, Chantal. Fundamental rights in European contract law: a comparison of the impact of fundamental rights on contractual relationships in Germany, the Netherlands, Italy, and England. London: Kluwer Law International, 2008. McColgan Aileen. Women under the law: the false promise of human rights. London: Longman, 2000. Tushner, Mark V. Weak courts, strong rights: judicial review and social welfare rights in comparative constitutional law. Princeton: Princeton University Press, 2008. Wiltshire, susan F. Greece, Rome, and the Bill of Rights. Oklahoma: University of Oklahoma Press, 1992. Willium, R. Zehner, H. Dieter. Rendelsmann, W. & Pianka, Heinz-Gunther. Human Rights in Europe. Manchester: Manchester University Press, ND. Wolfrun R and Deutsch U. The European Court of Human Rights overwhelmed by applications: problems and possible solutions : international workshop, Heidelberg . California: Springer. 2009. Read More