Got a tricky question? Receive an answer from students like you! Try us!

European Convention of Human Rights and UK law - Essay Example

Only on StudentShare
Masters
Essay
Law
Pages 8 (2008 words)

Summary

The concept of human rights is by no means of recent vintage. It is used primarily to define relationships between the citizens and the State, by constituting a check on the awesome power of the State and by enabling human beings to flourish to their fullest potential free from oppression, strife, hunger and discrimination…

Extract of sample
European Convention of Human Rights and UK law


The various conflicts and revolutions in the world have shaped the concept of human rights as we know it. In the last two hundred and fifty years, we see the clamour for human rights as the clamour of a world and of the various peoples inside it for equality and freedom. The European Convention on Human Rights was crafted with the end in view of promoting and preserving these rights.
In the ECHR, the writer has chosen Articles 10, which pertains to Freedom of Expression. It While the right to free speech and assembly is a crystallized principle that has been place almost since the beginning of time, enjoying a cherished position in the bill of rights of virtually all civilized legal systems, the interpretation of what constitutes free and protected speech still has yet to be perfectly refined. This provision has been invoked many times over in the course of history, whether within the European Union or outside, successfully and unsuccessfully; and Courts have had many opportunities to set standards and devise guidelines to determine if the speech in question should be protected or not. It becomes more difficult when the right to free speech competes with another principle, for example, the principle of public order. ...
Download paper
Not exactly what you need?

Related Essays

Public Law (European Convention on Human Rights): The Rights of Detainess
The executive has often been entangled in serious allegations vis-a-vis the detainee rights and after 9/11 Terror Attacks, the legal system of the western countries like UK and USA has often come under close scrutiny and criticism by conservatives, liberals, immigrants and human rights activists. However, despite the criticisms, the human rights protection legislation framework in UK has reasonably protected the rights of the detainees and in the 21st century, the English Courts have considerably upheld the issue of human rights in a sensible way. The first point of argument is that the…
6 pages (1506 words)
The Human Rights Act 1998 and the European Convention
The Human Rights Act of 1998 is an act of Parliament,whose main aim is to ensure that it gives further force the laws concerning human rights,contained in the European Convention.It gives the courts in the United Kingdom the power to deal with those issues,which might cause the citizens of this country to go to the European Court The act makes it illegal for all public bodies to take any actions or decisions which are in contravention to the European Convention on Human Rights. The only exception to this is Parliament, because it has the legislative capacity in the United Kingdom, and should,…
4 pages (1004 words)
Should the UK withdraw from the European Convention on human rights?
Sovereignty of the parliament dictates that the parliament has the sole discretion to make and amend laws in the UK. No person or body is recognized by the UK legislation to overrule the law made by the parliament. In this spirit the parliament is seen to be competent to make any laws. Laws that deprive the citizens of their right to property, liberty, voting, and life among others should be seen as valid so long as they have been passed by the parliament. This is done in faith that the parliament can exercise self restraint and only pass laws that are at par with the moral standards. However,…
6 pages (1506 words)
European Convention on Womens Rights
This further leads to women's dependency on men and particularly in circumstances where women are expected to perform in-house responsibilities as well like domestic work and children rearing. (Ball, 2001)…
12 pages (3012 words)
European Convention of Human Rights
This was regarded as a breach of the UK's obligations under the Human Rights Convention2. But the Government asserted its right on bringing about such limitations on human rights and civil liberties, as the whole issue was borne out of a desperate situation and keeping in mind the national security. National security concerns thus have become an intrinsic reason for curbing fundamental Human Rights that seek to restore greater danger to the well being of world citizens and that which is not only threatened by terrorism but also the erosion of basic human rights, and freedoms upon which…
10 pages (2510 words)