Human Rights

The benevolent Rights dally (1998) has had little impact upon protecting the etymon liberties of British subjects and could be repea take without any consequences. Discuss. I dissent with the verbalize proposition. Contrary to this argument, the enactment of the Human Rights performance 1998 (the put to work HRA), has direct to greater rampart of the rudimentary rights and liberties of British subjects. The Human Rights Act 1998 has created an identifiable clement rights culture and a fledging human rights practice of fairness which augurs well for British subjects. It has alike led to a unsounded rebalancing of the relationship between citizens and the state. While fantan may legally repeal the Human Rights Act, any such(prenominal) repeal would be a retrograde step as this would retard the turn over made towards greater testimonial of the basic liberties of British subjects. In support of this argument I will examine the by-line points in turn; the pre-Human Rights Act dispensation and justifications for its enactment, its impact on the protection of rights and liberties of British subjects and also the electric potential consequences of repealing the Act.

Pre-Act Disposition and Justification for Enactment The interpretation of the traditional common land law coming to the protection of cultivated liberties of British subjects was propounded by constitutional scholar AV flukey as a part of his theory of the Rule of Law. This approach placed wide faith and reliance in the judicature and the common law to protect rights and liberties rather than a systematise Bill of Rights. In this dispen! sation citizens essentially enjoyed negative rights which extended entirely insofar as positive law did not verboten or line the enjoyment of any such singular right. This approach, in the count of the doctrine of parliamentary sovereignty and juridical deference towards the legislature, turn up inadequate in protecting basic liberties in the absence of a corpus of positive rights. It also provided for inconsistence...If you want to depress a full essay, order it on our website: OrderCustomPaper.com

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