To understand and assess the question, it is necessary to look back to 1945 and a Europe that had been devastated by war: politically, economically, and socially. In the desire to attain some form of harmony in order to guarantee peace and to rebuild Europe…
They are appointed is for six term of office of six years through the term is renewable. The power of the ECJ defined in Article 243. The Member States mainly, but not exclusively, in exercising its jurisdiction under Articles 173, 177 and 228(6).2
The sovereignty of Parliament is the dominant characteristic of our political institutions. Sir. A. V. Dicey expressed it as cornerstone of the constitution and he has introduced of this doctrine of PS. These are:
This rule means that the Parliament can make or unmake any law. Parliament may grant independence to dependent states whether dominions or colonies. For example: The Nigeria Independence Act 1960 and The Zimbabwe Independence Act 1979.
2. No Parliament may be bound by its predecessor or bind by its successor: The doctrine of repeal is the idea that supports this theory. Now any Act of Parliament can expressly or impliedly repeal any law. So, this power of Parliament support Dicey's this theory as Parliament is not being bound any Parliament before it. However, by Acts of Union, the law making power of UK and Scotland was merged that was maintained for more than 300 years. Acts of Union and the Grand of independence oppose this theory.
This doctrine states that an Act will be accepted by Courts provided it was made by proper procedure. So, no one can question about its validity. But it is seen that citizens' i.e. ...
electorates and neighbouring countries can question it. Before 1688 settlement judges proclaim an Act invalid because of its conflicts with a law of higher statues. In Pickin v British Railway Board, Lord Read said that although, previous laws contrary to the law of God or the nature or natural justice can be said to be invalid,
The comments of Lord Denning in McCarthy's v Smith, and Lord Diplock in Garland v British Rail Engineering Ltd provides an analogy for arguing that the HRA could be repealed if Parliament wished. It cannot be an entrenched bill of Rights, but where a Sex Discrimination Act 1975 appeared inconsistent with Article 141(then Article119) EC (equal pay). However, HL was able to construe the provision in a manner consistent with Article.3
The influence between of the European court in the development of Community law, and the influence of domestic courts in the development of English law, on the other hand. Lord Diplock's dictum in the GCHQ is testament to the influence of the courts in the development of administrative law. His Lordship stated "English law relating to judicial control of administrative action has been developed upon a case-to-case basis which has virtually transformed it over the last three decades."
In Les Verts the Court referred to the Treaty as the ""basic constitutional charter" of the Community and came to the conclusion that, although the Parliament was not mentioned as a possible defendant in Article 173, binding measures adopted by it were subject to judicial review. The Court stated that by Articles 173, 184 and 177 the Treaty intended to establish a complete system of legal remedies. Les Verts is a prime example of dynamic interpretation, an approach typical of the interpretation.
The current British position is ...
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(“Public Law (Human Rights) Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
Retrieved from https://studentshare.net/miscellaneous/309435-public-law-human-rights
(Public Law (Human Rights) Essay Example | Topics and Well Written Essays - 1500 Words)
“Public Law (Human Rights) Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.net/miscellaneous/309435-public-law-human-rights.
According to the research findings it can therefore be said that though international human rights law contains many rights for the benefit of mankind but it also has its share of weaknesses and fails to be considered a foolproof law which could be exercised for the optimum benefit of the mankind without any difficulties.
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.
The focus has been put on the issue of the rights of detainees. Owing to the allegations of human rights violation by the UK government in the course of the War on Terror, the question of detainees’ rights has emerged as a complicated issue. The issue of the rights of the detainees is a very complex and dynamic legal debate and sometimes it may amount to ethical and technical dilemmas.
The aim of human rights is to promote the dignity of every human being regardless of their status within the society, ethnicity, gender or origin. Deprivation of human rights is a serious injustice and as such, it is punishable by international laws. Human rights are classified into two categories.
Accordingly, the same court had earlier awarded 2,000 Euros in compensation to Nadia Eweida, a British Airways attendant who was banned from wearing a cross at work. The court ruled that the employers were justified given their obligations to prevent discrimination against the consumers (Taylor 2).
There are legal commitments based on these treaties depending on which, State parties are supposed to report to the treaty bodies that are in charge of over viewing the legislations and policies. With advice from them, the States can develop and improve their compliances with the human rights (Pillay 8).
However, the mass atrocities committed during World War II provided impetus for the recognition of the necessity of promoting and preserving human freedom and rights, which recognition is embodied in international documents such as the Atlantic Charter (1941) and the Teheran Declaration (1942).
The salient features of the articles under the Human Rights Act 1998 are Right to life, Right to protection against torture, Right to protection against deprivation of liberty, Right to a fair hearing, Right to respect for private and family life, Right to freedom of thought, conscience and religion, Right to freedom of expression, and Right to non-discrimination.
The foundation of any democratic society lies in the legal framework that governs the fundamental right to freedom of expression. Public protests and campaigning for causes ranging from advocating and proposing changes in laws