Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Essay:
In this vein, the EU judges in Strasbourg will be much more likely to respect guidelines that are set out in UK
courts and legislation. The European Court would, with the introduction of a British
Bill of Rights likely give greater leeway to British judges. The repealing of the Human Rights of 1998 would limit the influence of British judges over the interpretation of pertinent legislation by enshrining the central features of the Act that reflect the English common law. At the very least, if
British judges feel that acts of Parliament are wholly incompatible with the European
Convention or with EU law.9
To be effective as a complete solution to the problems which we have identified above a British Bill of Rights also would need to be accompanied by reforms which reinstate the British
Parliament's role as the sovereign authority over the whole legislative process. This would not be sufficient, however. At the domestic level, there would still would be no effective democratic check upon the British judiciary system. At an international level, there would be no impediment to keep a case from coming before the European Court of Human Rights in Strasbourg where rights that are contained only in the British Bill of Rights and are more advanced in this respect by European Law, could not be trumped by those in he Strasbourg Court which would, attempt to assert the primacy of EU "rights" over traditional British basic human rights as laid out in the Common Law. This has been admitted to even by the Thorbjorn Jagland, the European human rights chief.10
In this short essay, the author has assessed the case for a British Bill of Rights designed to replace the UK Human Rights Act of 1998. It is the opinion of this author that without the formal enshrining of our many traditional British liberties derived from common law in such a document, it is too tempting for politicians to overlook them for the expediencies of national security, public interest, or pressures of speed. The real issue seems to be making sure that our most precious liberties are protected under our internal British laws in order to make sure that such basic and sacred rights as a jury trial are not tampered with. In the past, we have relied upon our "unwritten" British constitution to safeguard our traditional and common law rights. Now, increasingly, we are finding these endangered on a scale unheard of except in time of all out war. While free speech is a precious civil right, it seems that the tradition of the jury trial requires the most protection and it is this institution that is most under attack. Without this basic right protected, many of the rest, free speech included will fall away. This is why it so important and basic to adopt a formal British Bill of Rights sooner rather than when we find it is too late.
1 Geoffrey Robertson Q.C., 'Why We Need a British Bill of Rights' (Stand Point Mag January/February 2010
2 Joint Committee on Human Rights
, A Bill of Rights for the UK?
(Twenty -- Ninth Report of Session? 2007 -- 08)?, 5.
3 Thirty-second Report of Session 2005-06, The Human Rights Act: the DCA and Home Office Reviews, HC 1716, HL Paper
278; Sixth Report, Session 2007-08, The Work of the Committee in 2007 and the State of Human Rights in the UK, HC
270, HL Paper 38, paras 3-4.
4 Henry Porter, 'Ken Clarke is Ready to Betray 800 years of British Justice', (The Guardian 15 January 2012)
5 Secretary of State for Justice, Justice and Security
(Cm 8194, 2011), para 1-16.
6 Henry Porter,, Ken Clarke is ready to betray 800 years of British justice', (Ther Guardian, 15 January 2012),, http://www.guardian.co.uk/commentisfree/2012/jan/15/henry-porter-ken-clarke-bill-of-rights?newsfeed=true..
7 Owen Bowcott, 'Government 'considers cutting defendant rights to jury trial', (The Guardian, 16 January 2012),
8 Michael Pinto-Duschinsky, Bringing Rights Back Home Making Human Rights Compatible With
Parliamentary Democracy in the UK,
9 Merris Amos, 'Problems with the Human Rights Act 1998 and How to Remedy Them: Is a Bill of Rights the Answer
', The Modern Law Review, 2009, Volume 72, Issue 6, 883.
10 Daniel Martin, 'Now Even Europe's Human Rights Chief Admits British Bill of Rights is the Right Thing to Do', (Daily Mail, 27th October 2011), http://www.dailymail.co.uk/news/article-2054403/Now-Europes-human-rights-chief-admits-British-Bill-Rights-right-thing-do.html..[continue]
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They were required to subscribe to the religious views of the Church of England, and in very recent history at that time, faced torture, long-term imprisonment in dungeons, and death by various gruesome means for demanding religious autonomy. Furthermore, under British rule, citizens could have their homes invaded by troops at virtually any time and their possessions and papers seized and confiscated without cause or justification, merely on suspicion
5.0 Conclusion As this paper has argued, the Second Amendment was designed not only to protect the militias; it was also intended to protect an individual's right to own and bear arms. Those groups opposed to the private ownership of firearms should base their arguments on their own personal beliefs rather than a Constitutional interpretation defense. As supported by its historical background and analysis of Constitutional context and meaning, "A well
bill of rights in Australia. Australia must implement the bill of rights since the existing system is ill-equipped to meet the needs and demands of a modern democratic society The constitution of a country dictates the manner in which the executive powers operate within the legal framework of that country. It provides a guideline for effective governance and also lays down the framework on which successive governments base their policies and
Constitution There were a variety of political and economic factors that made the ratification of the U.S. Constitution a difficult and lengthy process. Of these, one of the largest areas of contention centered around the debate between the Federalists and the Antifederalists. The Federals supported ratification because they believed it was necessary to have a strong central authority. But the Antifderalists were concerned that the Constitution would give the president too
Australia Have a Bill of Rights? Australia is the last remaining Common Law country without a Bill or Rights or Human Rights Bill. It is important to note that the Australian variant of liberalism differs from the Anglo-American model in two important ways. First, the establishment of Australia as a series of British colonies under authoritarian governors and the absence of any political revolution has meant a lesser stress on
The framers did not mention police departments or other local governmental units, which has led to some misconceptions about the right of people to arm themselves when protected by municipal government agencies. However, this is because municipal police forces, as they currently exist, did not exist at the time of the Revolutionary War. The closest approximation was a standing army or militia, and the concerns about the citizenry failing
19 No. 2, pp 28-37, Available from http://www.cis.org.au/policy/winter03/polwin03-5.pdf[April7, 2008] Kirk, R, 2004, Ten Conservative Principles, the Russell Kirk Center for Cultural Renewal, Available from http://www.kirkcenter.org/kirk/ten-principles.html[April7,2008] Whiteley, P, Seyd, P & Richardson, J, 1994, True Blues: The Politics of Conservative Party Membership, Clarendon Press, Oxford. The word is derived from the Latin conservare which means to protect, preserve, save Burkean" doctrine refers to the writings and philosophy of Edmund Burke, an 18th century British