Constitutional And Administrative Law Coursework

Human Rights Act 1998 – is an Act that gives legal effect in the UK to certain fundamental rights and freedoms contained in

Human rights act 1998 – specifies and enforces the rights of individuals and if these

“Ideas about human rights have evolved over many centuries. But they achieved strong international support following the Holocaust and World War II. To protect future generations from a repeat of these horrors, the United Nations adopted the Universal Declaration of Human Rights (UDHR) in 1948 and invited states to sign and ratify it”

In the book “Night” many people’s human rights were compromised. “Night” is a fictional book authored by Elie Wiesel with a fictional character, Eliezer, based on him. THis young jewish boy and everyone in his city along with him are kidnapped from Sighet were they are forced through terrain, camps, and so much more to end up in one place. Death! The events of the Holocaust, definitely as we all know, broke our basic human rights. However, this brought up the question specifically, “What are our human rights? ” On December of 1948 the UDHR, or Universal Document of Human Rights was approved in the United Kingdom. This document answered many of our questions listing in quite detail, about 30 of our basic human rights. THree of these rights were: life, liberty, and personal security, freedom from slavery, and to have an

The Human Rights Act covers all human rights and ensures that all individuals have rights on their side and can take legal action against any organisation that disrespects these. Meaning that if a care giver does not respect the needs of the resident they are caring for, their company can get sued due to their lack of care standards. The act states that everyone has the right to life, meaning that any life support mechanism cannot be withdrawn unless a person is beyond doubt clinically dead. It also says that every person has the right to protection from inhuman and degrading treatment, for example humiliation and inappropriate or rough care. It also prohibits discrimination, meaning that people must not be discriminated against due to their age/ethnicity/gender etc. meaning everyone must be treated equally with the same level of high standards of care no matter who they are.

The human rights act 1998 came into effect on the 2 October 2000 . Thus having said all this , should the Tory government whom are at force , repeal the Human Rights Act

In November 2000, Albert Kendall’s fish plant was audited by the Hypoville Department of Wildlife and Fisheries. The commission found evidence that Mr. Kendall had a fish catch that was double his license limit. Criminal charges were brought against Mr. Kendall, but were subsequently dropped due to technical deficiencies. The Department wrote advised against him being issued a 2003 fishing license. The Department attached numerous documents to the letter. Mr. Kendall was told that he could make written submissions to the ALJ prior to a decision being made on his 2003 fishing license. Mr. Kendall did not submit any evidence to counter the evidence presented in the letter, but instead Mr. Kendal made arguments about why the license

Andrew Clapham explains the impact of the rise of human rights within the book, Human Rights. A Very Short Introduction. Clapham describes human rights as, “ensuring that everyone is treated with respect for their inherent dignity and human worth” (Clapham 2). He also mentions that human rights to many different cultures are very different because each society has their own set of laws and own values and morals. This idea is also a standard which has the opportunity to be outside the national system and be a global issue. Human rights has been said to have been taken from the Western principles of politics and philosophy, as well as, from religious texts that set aside rights to the people. The roots of these rights have been found as far back

The Human Rights Act 1998 was fully enforced in 2000 and describes further effect to freedoms and rights that are entitled under the ECHR (the European Convention on Human Rights) (Ward, Wragg & Walker 2011, p. 146). The constitutional framework of the United Kingdom implies that the Human Rights Act 1998 is not ‘embedded’ in the same way as the human rights papers that are adopted by many nations in the world. Nonetheless, it is argued that any attempt to amend or repeal the provisions of the Human Right Act 1998’s would necessitate the clearest probable words. It is significant to note that the scheme of the Human Rights Act is complicated, as it requires public authorities to undertake their functions in compatible with the ECHR, and it provides the Convention and related jurisprudence with an important influence over the domestic law interpretation (Ward, Wragg & Walker 2011, p. 147). Conversely, it impedes the courts from invalidating incompatible Parliament’s Act and in this respect; it does not provide the Convention with a primacy over domestic law. This paper seeks to evaluate the degree to which the Human Rights Act 1998 has fully incorporated the ECHR into the United Kingdom’s legal system.

Constitutional and Administrative Law In the UK, the constitution claims to be democratic in that it aims to ensure that the government's authority is derived from the consent of the people. At the very heart of a democracy lies the concept that the electorate is able to see their views represented and their wishes fulfilled by their elected government. As the British constitution evolved, so to did the need to weave genuine democratic ideals into the fabric of our constitution. The integration of these democratic concepts into an evolving constitution has been a gradual process and can be seen as recently as the Reform Act (1867).

According to the development of British Constitution, Parliament gained its power over the monarchy in 1688, meaning that “ under UK constitutional law, it is recognised that parliament has the power to enact, revoke or alter such, and any, law as it sees fit.” The Human Rights Act (HRA) 1998 also reaffirms this by saying that “its recognition of the power of parliament to make primary legislation that is incompatible with the rights provided under the European Convention on Human Rights (ECHR). Even though judges must abide by the will of Parliament, there are some cases were statutes have to be amended for a number of reasons and in this essay these will be discussed. In order to show why same cases need to be amended,the three main rules used which include the Literal, Golden and Mischief rule will be discussed. A number of different cases will be discussed in order to better interpret these rules. Next the different interpretations and presumptions used by judges will be explained. Lastly a conclusion about amending statutes will be discussed and why this is more beneficial to the courts.

The Human Rights Act was drawn up by the UK government and implemented in 1998. It draws on the European Convention of Human Rights but allows for issues to be addressed within the UK courts of Law rather than needing a European Court. “The Act provides that it is unlawful for a public authority to act in such a way as to contravene Convention rights. For these purposes public authority includes any other person "whose functions are functions of a public nature."” The Human Rights Act uses a set of articles to detail the rights of everyone within the UK. Examples of these articles include: the right to life; prohibition of torture; prohibition of slavery and forced labour; right to liberty and security; right to respect for family and private life; freedom of thought conscience and religion; freedom of expression; prohibition of discrimination; protection of property; and

Throughout the world, we constantly talk about basic human rights and how everyone is entitled to them. Human rights are rights for all human beings regardless of nationality, gender, race, ethnicity, etc. Society is told that everyone is equal and no discriminatory action should be taken place. During World War II, many atrocities to the human race were happening. Human rights were being severely abused and violated during this time. The Aftermath of WWII saw to create a better place were human rights were protected. So by 1948, the United Nations proclaimed the Universal Declaration of Human Rights (UDHR), which is a document upholding the fundamental rights of every human being. While the document does state the rights

Congress and the state legislature pass laws that align to the U.S. Constitution. However, the laws enacted are general provisions that do not explain how they should be utilized. Consequently, federal, state, and local agencies must define the policies and regulations of the statutes. The rules and regulations established by the agency are known as administrative laws (Walsh, Maniotis, & Kemerer, 2014). Educators must follow the laws passed by the state legislature such as the Texas Education Code (TEC), which contains numerous guidelines related to the education of our students (Essex, 2008). Administrative laws impact the daily instruction of the K-12 education system. Educators must be cognizant of these laws because the laws ensure a successful learning environment for all students. Moreover, the laws provide guidelines that influence the education of students with unique needs such as English Learners (ELs).

This problem is a straight forward problem in judicial review and prerogative remedies. Judicial review can be done through Prerogative orders. Judicial review refers to the Court’s review of a lower or administrative body’s factual or legal findings[1]. Prerogative remedies are remedies which if not always are designed from the first for the control of governmental duties and powers, have long been used for the purpose especially[2]. These remedies are such as certiorari, mandamus, prohibition, quo warranto and habeas corpus.