Monday, September 9, 2019

Public law Essay Example | Topics and Well Written Essays - 1500 words

Public law - Essay Example This right represents entitlements of an individual or groups visa-vis the government, in addition to responsibilities of an individual and authorities in the government. These kinds of rights are ascribed naturally (Bernan, 2008). Usually, these rights are advanced as legal rights in most constitutions and are secured by the rule of law. The right to protest however in the United Kingdom’s constitution is separate from and prior to law, and is used as a basis for formulating or criticizing both local and international law (Bernan, 2008). Even though various basic rights like the right to protest in the streets should be provided with sufficient protection under any circumstances since there is provision of this. This is provided for in international human rights records like the International Covenant on Civil and Political Rights among others. However, whatever this merits in collaboration with the other UK constitutional arrangement aspects, flexibility has been proven to b e problematic where the fundamental individual liberties are concerned. The imprecision attending flexibility in the UK constitution has left its citizens uncertain regarding the disposition and limitations of the rights they have and regarding their relationship with state institutions. In short, rights such us the right to protest in the United Kingdom constitution are residual in that they exist to the extent that statutory or common law rules have not restricted them (Bernan, 2008). 2. The rights protected by The European Convention of Human Rights. This convention clearly postulates several freedoms and rights such us the right to life, prohibition of torture, prohibition of slavery and forced labor, right to liberty and security, right to an impartial trial, no punishment without law, right to respect for private and family life, freedom of belief, freedom of expression, freedom of assembly and association, right to marry, right to an effective remedy and prohibition of discri mination. Parties undertook to ensure that these rights and freedoms are equally secured to everyone within their jurisdiction. International enforcement machinery is also established by the convention. The European Court of Human Rights in Strasbourg was set up to make certain that the observances of the engagements are undertaken by the parties also dealing with individual and inter-state petitions. The Court has the mandate to give advisory opinions pertaining to the interpretation of the conventions and the protocols thereto as requested by the Committee of Ministers of the Council of Europe (Delmas-Marty, 1992). The control machinery which was set up by the convention has undergone some restructuring as a result of the entry into force of Protocol No. 11 to the convention on 1st November, 1998. Following this, all suspected violations of human rights are directly referred to the court. Usually, during the cases, the Court sits in Chambers of seven judges. It determines the acce ptability and merits of submissions and undertakes an investigation if necessary. With a view to safeguarding a friendly settlement of the matter based on respect for human rights as stipulated in the Convention and the protocols thereto, the Court will also put itself at the disposal of the parties. Court hearings are public unless the Court decides otherwise in situations of circumstances regarded as exceptional (Delmas-Marty, 1992). 3. The human rights act 1998 and the way in which the rights protecte

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