Unit 3 (P4) describes the legal and human rights that protect citizens in the UK. Introduction. This whole essay is based, on humanitarian rights, and on how people diversity, affects them, in fields of work, and day to day life. This essay will also describe various, human and legal rights. Essay will underline the main United Nations responsibilities.
What defines a Constitution? Constitutions should set down rules which provide a legal basis for determining how a Country should be governed. They ought not only to define the Institutions of the State in question but also should place restrictions on them and act as a restraint on Governmental power in order to protect the rights of the State’s citizens. S. E. Finer, V. Bogdanor and B. Rudden describe Constitutions as: ‘codes of norms which aspire to regulate the allocation of powers, functions, and duties among the various agencies and officers of government, and to define the relationship between these and the public.’ The aim of this essay is to understand whether or not the ‘codes of norms’ in the UK make up a clear Constitution. Generally, most countries have a Codified Constitution where the rules of government are written down in one key document, although the extent of how much of the Constitution is actually included in this document varies.
How effectively does the judiciary protect civil liberties in the UK? The UK judiciary has several methods at its disposal that provide an effective protection of civil liberties in the UK. However, in practice there are several shortcomings that make these protections weak in the face of Parliamentary pressure, which will be demonstrated in this essay. In terms of rights protections, perhaps the most important development in the protection of rights in the UK has been the installation of the European Convention on Human Rights into UK law via the Human Rights Act 1998. This act effectively has provided a concrete document that outlines the rights of citizens.
Bill of Rights I am going to discuss the courts going through the motions in the Criminal Justice-due process. The US. Supreme Court has through the due process clause of the 14 Amendment, consist of the protections and the prohibitions contained in the Bill of Rights. The Supreme Court also requires that the state and local government obeys those portions of the Bill of Rights that have been incorporated through noble law-makers. Procedural due process is simply a requirement that the substance of any law be applied to a person with fair procedures by any tribunal that is hearing a case.
Persuasive precedent is a decision of a lower court which may influence the higher court, where the legal facts are similar or slightly different. It may also be made by the Judicial Committee of the Privy Council, another jurisdiction or things said obiter. The Supreme Court binds all lower courts and generally binds itself due to London Tramways Co v London County Council 1898. The Practice Statement 1966 says that following precedent is a good thing as it enables us to know exactly what the law is and we can behave accordingly. Despite this, it is stated that following precedent too rigidly may cause an injustice.
Specific performance is an order granting specific performance is a mandatory injunction in a contract situation. In order to receive an order granting specific performance there must be a valid contract, inadequate legal remedy, feasibility, and mutuality. Here, George would be requesting the court to order specific performance in allowing him to rent the booth on Main Street. VALID CONTRACT. There must be sufficient, definite, and certain terms in the contract such that a court may fashion a decree.
If a person becomes harmed by that of the government they have to follow the law and if they don't follow it will end up as a constitutes of a due process violation that will end up offending against the rule of the law. With the due process it is divided into a substantive and procedural categories. With the substantive process it relates to the general rights like the freedom of speech and the right to privacy. With the procedural process it relates to be able to
This essay looks to discuss Parliamentary sovereignty as a constitutional relic and will argue that it has not been rendered obsolete by the supremacy of European law. This will be done by examining the relationship between the United Kingdom and the European Union. It will further argue that although the United Kingdom’s statutory recognition of the Human Rights Act 1998, in response to the convention of HR, may be seen to limit the supremacy of Parliament, it will prove that Parliament still reigns supreme. It will highlight that the doctrine of parliamentary sovereignty is a relevant and crucial doctrine within the United Kingdom’s constitution as it is essential for parliament to enact statutory law. This essay, taking all the above arguments into consideration, will conclude that Parliamentary sovereignty is very much alive within the UK constitution.
ASSIGNMENT – INDEPENDENT MENTAL HEALTH ADVOCACY UNIT – 564 When is it permissible and appropriate to deprive someone of their liberty and treat them against their will because of mental illness? A society must provide a practical response to this type of question. In England and Wales the relevant act of parliament concerned with this is the Mental Health Act 1983 (Amended 2007). The Act has to conform to the requirements of the European Human Rights Act 1998. The Guiding principles These are a set of guidelines that should be considered when making decisions under the Act.
The author then looks at different articles of the European Convention on Human Rights which the Court has established include positive obligations. The author concludes that the Court has much work to do in refining positive housing rights obligations, but might find valuable jurisprudence within the Council of Europe. Introduction The European Court of Human Rights (the Court) has developed a human rights perspective on positive obligations which transcends, to some extent, the classical liberal concepts of constitutional and human rights. These were principally concerned with the limitation of state actions, but may now need to be reviewed in the context of contemporary human rights approaches.1 Legal, international and constitutional rights development now incorporates positive obligations on states to intervene and regulate private actors, national and international corporations.2 While the growth of neo-liberal economic and social policies, worldwide, is pushing back the frontiers of the state--to *E.H.R.L.R. 194 use a Hayekian term--in relation to the welfare of citizens, the jurisprudence of the Strasbourg Court is emphasising that some positive obligations remain a key part of state responsibilities.