StudentShare solutions
Triangle menu

The modern concept of human rights in the UK - Essay Example

Not dowloaded yet

Extract of sample
The modern concept of human rights in the UK

The trials did help to impact the concept that some sort of universal justice is necessary in order to make individuals feel safe, or just, about the world and the law of the world. The atrocities revealed during the trials turned the stomachs of many of the people, as well as the governments, in Europe. It became clear that some sort of restructuring was needed, and that European countries would need to cooperate in order to attain this reconstruction. Therefore, many countries were inspired to start considering aspects of human rights1
The idea of a human rights list in the United Kingdom and Europe is not a new one. Many individuals were pushing for this after World War II. However, the United Kingdom was also aware that Europe was working on a larger-scale concept of human rights in general, which would eventually become the European Convention. This may have been a reason for the United Kingdom's delay in making its own list of individual rights. The United Kingdom has followed the laws of the convention for many years. Laws were beginning to be laid down by this new, European group, and all of Europe was eager to follow. For instance, at the Congress of the Hague in 1948, delegates and observers from 26 countries breathed life into the Council of Europe - making human rights its guiding spirit. The Council of Europe was officially launched in May 1949 with founder members Belgium, Denmark, France, Ireland, Italy, Luxembourg, the Netherlands, Norway, Sweden and the UK. These member countries then put together a charter of rights as well as a European court system that would help those individuals who had had their rights violated. They were able to use examples from the United States and hammered out a treaty that listed several rights. The rights were expected to apply to all citizens in the countries that had both accepted and participated in this exercise. Furthermore, other countries that were willing to work within the confines of the convention's rules would also be accepted into the group 2.
Was this a good idea It certainly is a notion that has good intentions, but it ran clear risks for many of the countries, mainly because it was an entirely new idea, and because it limited each and every government in Europe. The Council of Europe itself does seem like a bit of a political risk for Europe to take. First, the established Court would be able to rule over national law, and if a country did not follow the laws of the convention or violated them, they would be expected to revise their laws in order to fit in with the concepts provided in the Convention. All of this was a very new concept, as no other act or convention had ever placed itself above national governments. Therefore, since this concept was very new, nobody was completely aware of how it would work. Although the European countries were expected to recognize the convention, they did not immediately have to recognize the court's authority immediately. Regardless, many countries accepted both ideas immediately, although some did delay. Still, there was some concern as to the processes effectiveness overall, and some countries wanted to hold out in order to see if this ...Show more

Summary

It is clear from s.3[of the Human Rights Act 1998]that the[European Convention on Human Rights] has, in one sense, a lower status than ordinary statutes in that it cannot AUTOMATICALLY override pre existing law"
In order to understand the Act of Human Rights, it is important to first take a look at the history behind it, and then take a closer look at its inability to overturn pre-existing law…
Author : denesikjennyfer
The modern concept of human rights in the UK essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"The modern concept of human rights in the UK"
with a personal 20% discount.
Grab the best paper

Related Essays

Human Rights Act in UK
However, the freedom of speech and privacy are the two very critical, vital, and serious matters that have a dissimilar and diverse definition for different people in the contemporary world of today. However, for quite a few countries that incorporate the UK, it has come under reflection that for an independent and egalitarian society, it is essential and indispensable to have freedom of speech.
10 pages (2500 words) Essay
Human Rights
Running Head: Human Rights Human Rights [Institute’s Name] [Writer’s Name] Human Rights The modern day world promotes the concept of equality and justice for all and seeks to enhance a human being’s insight into what he/she should expect from life and the way he/she should demand to be treated.
11 pages (2750 words) Essay
Human Rights Law
Human rights tend to be universal in their scope and ramifications.1 Human rights also stand to be egalitarian in the sense that they are accessible to everyone irrespective of one’s nationality, socio-economic status, race, colour, gender, etc.2 However, after every thing is said and done, there is no denying the fact that in a practical context, the enforcement and protection of human rights tends to be a really controversial topic, subject to ample legal complications and diverse interpretations.
6 pages (1500 words) Essay
Discuss the concept of 'jurisdiction' in Article 1 of the European Convention on Human Rights
It is not a single concept, and a state jurisdiction may get different forms. Therefore, a state may control conduct through its laws, or it may, through its judiciary, control those variances which fall before them, whether emanating due to criminal or civil law.
14 pages (3500 words) Essay
The European Human Rights Act
The incorporation of the European Convention on Human Rights will have an uncertain but undoubtedly significant impact on the English legal system. Although there are limitations, it is expected that the Human Rights Act will have a significant impact on the English Legal System in relation to the concept of parliamentary sovereignty.
5 pages (1250 words) Essay
UK Human Rights
Says Weinstein1: 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.
12 pages (3000 words) Essay
UK HUMAN RIGHTS
n rights and civil liberties, it is now possible under the said Act to file a claim for violation of the ECHR without going to the European Court of Human Rights in Strasbourg. Says Weinstein1: This ability to transcend national law, and to compel revision of such law to
12 pages (3000 words) Essay
Human Rights
Human rights has become an important standard in British politics. The modern concept of human rights in the UK came about at the end of World War II, when
16 pages (4000 words) Essay
Human Rights
is enunciated that “primary legislation and subordinate” 1 legislation need to be learned, understood and contextualised in accordance with the European Convention laws. Primary legislation is laws derived from the Crown, or royal proclamations, while subordinate
16 pages (4000 words) Essay
Is a universal concept of Human Rights possible
rmed 6 major bodies, including the Security Council, the General Assembly, the International Court of Justice, an Economic and Social Council (ECOSOC), the Trusteeship Council, and the Secretariat. The Charter of UN authorized ECOSOC to set up commissions in social and economic
13 pages (3250 words) Essay
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
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation