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Public Law - Assignment Example

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The Human Rights vs. the Legality of Sweeping Airport Security Measures Author’s Details: Institutional Affiliation: The Human Rights vs. the Legality of Sweeping Airport Security Measures Introduction Airport security has been one of the many crucial international entry points that have gone through significant changes over the past decade with tightened measures to ensure the safety of passengers aboard flights are safeguarded…
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Public Law
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Public Law

However, this must be done with due regard to the fundamental human rights. Therefore, an Act enacted to provide a regulatory framework must entail forward thinking approaches that incorporate holistic mechanics to safeguard infringement of individual entitlements enshrined in the bill of rights and championed by the international law. Case 1 Understandably, the fictitious Airport Security Act 2009 apparently gives the UK minister of security a free hand in devising and imposing bans on persons deemed to be security threats within the vicinity of the UK airports. As a matter of first principle, the legality of the Security Act 2009 should be operationalized within the guiding framework of the public laws as well as approved international laws. Due to a Ministerial policy of an always imposition of restrictive orders on persons considered threats to the Airport safety, Roger found himself dismissed unfit to serve as a security personnel in the Airports on grounds of assault allegations on Alexa, his former girlfriend. According to the law, discretionary powers must be exercised within reasonable limits. Article 7 of the International Covenant on Civil and Political Rights (ICCPR) prohibits inhuman treatment or punishment. Further, article 3(2) of the same Acts put limitations on imposed restriction orders by requiring precise and clear definition in situations where curtailment of rights are involved. The minister’s directive is no doubt a preservative measure to safeguard “Human security,” which requires absence of violent conflicts.1 However, minister discretion baring Roger from access to all airports amounts to unreasonable use of powers. In Secretary of State for Education v Tameside M.B.C. case involving the use of discretionary powers, the Secretary of State power to reject applications authorizing the running of grammar school system was under review. Accordingly, the court found the Secretary of State for Education discretion to reject the system unreasonable stating that the grammar school system had a proven track record and was therefore a reasonable system of education.2 The basis of the directive in Roger case cannot be ascertained with finality as there is no evidence of criminal record to warrant a label of security threat to all airports. Thus, Roger has legal standing to seek redress in a court of law provided his testimony satisfy the "victim test" stipulated under Article 34 of the Human Rights Act of 1998. According to Section 4 of the Security Act 2009, the Minister of Security has power to issue a restriction order in circumstances he thinks fit. This process regardless of whether the such decisions are ‘right’ or ‘correct’ decision, falls far short of the procedural legal basis in reaching a conclusive decision as set forth under the law. The Act is in contravention of the constitutional right of access to the courts at common law,3 which also involves the right to be heard and unimpeded access to a legal expert to offer legal advice and assistance.4 Case 2 One of the fundamental principles of the Geneva Convention Asylum agreements provides for surrogate protection to those failed by their home countries.5 Filling the void of a “factual breach of bond” between the citizen and the motherland, the law affords protection to the ... Read More
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