critically evaluate the role of the domestic courts in meeting the objectives laid out in the Human Rights ACT 1998

critically evaluate the role of the domestic courts in meeting the objectives laid out in the Human Rights ACT 1998

Order Description

brief history of safeguarding civil liberties and human rights in the UK:
1. definition of human rights and a need for their protection.

  1. an explanation of the traditional common law system of protecting civil liberties in the UK.

  2. landmark developments in that system.

  3. the development of European human rights law and its impact on UK human rights law – the European convention on human rights 1950.

  4. failures of the traditional system, its challenge in Europe and the development of human rights principles.

  5. the case for a bill of rights and the passing of the human rights act 1998.

  6. the impact of the human rights act 1998.

  7. the move towards a British bill of rights and the repeal of the human rights act.

  8. protection under the traditional system: some case example:
    positive:
    Entick v Carrington
    Raymond v Honey
    negative:
    Constantine v Imperial Hotels
    Kaye v Roberlson
    Hill v Chief Constable of Yorkshire
    Liversidge v Anderson
    R(Smith v Ministry of defence)

  9. why are they important in a constitution: such as below:

– identify in individual’s basic rights in society.
_ identify the basic and principles on which they exist.
_ role of law and political power.

  1. protecting rights in domestic law: such below:
    _ constitutional methods ( bill of rights).
    _ common law methods.

  2. New powers of the courts to interpret and question domestic law. such below:

– R v A ( Sexual History) greater powers of interpretation judicial legislation?
-A v Home Secretary detention without trail, proportionality, less judicial deference, using both British and European principles.

  1. still an entrenched constitutional rights/parliamentary sovereignty and judicial respect. such below:

– Bellinger v Bellinger (interpretation of statutes, declarations of incompatibility, but no power to make the law.
– Countryside Alliance v A-G (deference to political and parliamentary process.

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