StudentShare solutions
Triangle menu

The Human Rights (Act 1998) - Case Study Example

Not dowloaded yet

Extract of sample
The Human Rights (Act 1998)

Says Weinstein (2000):
This ability to transcend national law, and to compel revision of such law to comport with rights guaranteed by the European Convention in a broad range of areas, most often within the exclusive purview of national and local courts, is of historic note. Generally, nation states have been the final arbiters of most issues affecting their citizenry and within their borders. By treaty, the signatory nations of Europe have granted the ECHR binding authority to decide cases affecting their citizenry and other persons subject to their authority. In instances where state law is found inconsistent with an ECHR judgment, the nation at issue is obliged to amend its national law to comport with the ECHR decision. These cases illustrate the concept of what is increasingly being referred to as an evolving European supranational identity. The ECHR grants jurisdiction to any individual, non-governmental organization, or group claiming be a victim of a violation of the European Convention by a ECHR signatory nation, and to bring cases before it, as does, in applicable cases, the European Court of Justice (the "ECJ"), the court of the European Union, based in Luxembourg.
At the onset, it must be established that the Blueberry District Council is a public body, having derived its powers and mandate from the Local Government Act 1972 and the Licensing Act 2003. Having established that, there are provisions in the Human Rights Act 1998 which may be used by Estelle and Gary to challenge Conditions four and five of the Council letter. This is notwithstanding the Public Order Act of 1986 which in Section 5 deals with "Harassment, Alarms or Distress". A person would be liable under Section 5 only if he "uses threatening, abusive or insulting words or behaviour, or disorderly behaviour," or "displays any writing, sign or other visible representation which is threatening, abusive or insulting." There is nothing in the behaviour of Estelle and Gary's organization that would warrant censure under the Public Order Act. The activity is a simple ceremony in accordance with their beliefs.

The first principle that they may invoke is the principle regarding Freedom of Thought, Conscience and Religion which is enshrined in Article 9. There is no dearth of cases that they may cite in order to support their position. For example, in the case of Arrowsmith v. United Kingdom [(1978) 19 DR 5] , it was stated this right refers to acts that are an expression of a religion or belief. This right was raised before the ECHR for a variety of reasons, such as employment (X v. United Kingdom [(1981) 22 DR 27] and prisoners' rights (X v. United Kingdom [(1976) 5 DR 100]. While certainly, the courts have taken quite a restrictive approach in applying the provision and granting relief under it1, it has been restrictive when the acts sought to be justified are acts that are patently illegal and morally wrong, such as assisted suicide2 or the distribution of cannabis. 3 These acts cannot be compared to the simple act of dancing, even if such dancing is done naked, for it will be done in the middle of the night and with only members of ...Show more


How, if at all, can Estelle and Gary use the Human Rights Act 1998 to challenge conditions 4 and 5 of the Council letter Discuss what legal arguments can they make under the Human Rights Act 1998 and what remedy or remedies the members could seek.
The Human Rights Act 1998 received royal assent on November 9, 1998 and came into force on October 2, 2000…
Author : rickrau
The Human Rights (Act 1998) essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the case study on your topic
"The Human Rights (Act 1998)"
with a personal 20% discount.
Grab the best paper

Related Essays

Swallows and Amazons, or the Sporting Exception to the Gender Rcognition Act
As early as 2003, there was hardly any policy at all that governed the participation of transgendered persons in sports. Globally, the major objective of the International Olympic Committee’s sex verification was to prohibit male contestants from participating in female events.
7 pages (1750 words) Case Study
Burden and Standard of Proof
The legal burden or burden of proof is the obligation placed on a party to prove a fact in issue. Whether a party discharged the legal burden is a question to be determined by the tribunal of fact at the end of the trial. The burden of proof in civil cases: In civil cases, at common law, the general rule is that the legal; burden of any fact in issue is borne by the party asserting and not denying: he who asserts must prove not he who denies (Joseph Constantine Steamship line Ltd v Imperial smelting Corporation Ltd1; Re H (Minors) (Sexual Abuse: Standard of proof)2.
10 pages (2500 words) Case Study
Immigration and Asylum Law
Nationality is a relationship between a person and their state of origin, culture, association, affiliation and/or loyalty. The law of nationality is related to two terms jus soli and jus sanguinis i.e nationality is established at birth by a child's place of birth or bloodline.
4 pages (1000 words) Case Study
Human right act 1998
This is no longer the case, though, as private companies must now be more accountable for their actions. In this situation, three different human rights violations are being made against Len and Heather. First of all, they are not being permitting to maintain their family life, as they are being forced to live apart.
5 pages (1250 words) Case Study
Administrative Law Human Right
In this House of Lords decision it was held by a majority of 3 to 2 that a private care home providing care and accommodation for an elderly person under contract with a local authority was not exercising "functions of a public nature" within s 6(3)(b) of the Human Rights Act 1998.Lord Mance said that s 6(3)(b) covered situations where functions of a governmental nature were discharged by non-governmental bodies.
4 pages (1000 words) Case Study
Functions of a public nature under a provision of the Human Rights Act of 1998
In general, judicial review is the power of the courts or of judicial bodies under the judiciary department to resolve issues that bear on the interpretation or construction of laws, including the constitution, the fundamental law of any sovereignty. In United Kingdom jurisprudence, judicial review is a process whereby courts or judicial bodies supervise the exercise of a public power.
4 pages (1000 words) Case Study
PUBLIC LAW Master Case Study
Geoff Daniels, in protest against the visit of the Zimbabwean government delegation to GDXS plc. The party plans to utilise this opportunity to publicly undermine the workings of the Zimbabwean government and voice the ideologies of the Party. Under the provisions of Section 14, the chief officer is at liberty to impose certain conditionalities on a public assembly, if it is deemed necessary to do so, in the interests of public order and to reduce risk of damage to property and the lives of the commuters, due to the public assembly.
4 pages (1000 words) Case Study
Tort Coursework Resit
His leg was also amputated because of frostbite. The plaintiff has attributed his sufferings and amputation of legs to the negligence of coastguard due to lack of appropriate, fast and rapid action taken by them. The High Court of Justiceheard the case of Mr.
6 pages (1500 words) Case Study
the major objective of the International Olympic Committee’s sex verification was to prohibit male contestants from participating in female events. In that regard, the Gender Recognition Act 2004 therefore maintained that transgendered individuals be denied the opportunity to
7 pages (1750 words) Case Study
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation