Public law special study - Essay Example

Comments (0) Cite this document
Summary
“Equality law has failed if it has simply produced a collision between competing equality strands. There must be better ways of resolving conflicts between faith-based and sexuality-based equality rights.” Discuss in the light of recent British case-law and wider international academic debate…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.2% of users find it useful
Public law special study
Read TextPreview

Extract of sample "Public law special study"

Download file to see previous pages This is an approach consistent with the asymmetry thesis. The asymmetry thesis, takes the position that the imposing sex discrimination prohibitions on religions would amount to excessive restraints on freedom of religion.4 International academic debate centres round either defending or attacking the asymmetry thesis.5 This paper argues that the liberalized thinking occupying international debate is more suited to resolving the tensions between sexuality-based equalities and faith-based equalities. Liberalized thinking in today’s egalitarian society argues that neither religious nor “quasi-religious” beliefs have a role to play in defining the parameters of civic duty and democratic participation.6 This paper analyses the tensions implicit in sexuality-based equalities and faith-equalities by reference to both British case law and in the context of international academic debate. ...
previous statutes defining and regulating the states obligation to ensure equal treatment and protection of the law for all citizens regardless of race, gender, sexuality, religion, disability, nationality and so on.7 In particular, sexuality, gender and religion are “protected characteristics” within the ambit of the 2010 Act.8 Freedom of religion is likewise statutorily protected in the UK by virtue of the Human Rights Act 1998 which incorporates the European Convention on Human Rights 1953 (Hereinafter ECHR).9 Article 9 of the ECHR provides that all citizens have “the right to freedom of thought, conscience and religion” as well as the right to observe, practice, teach, worship and “manifest his religion or belief”.10 Article 9(2) however goes on to impose conditions to freedom of religion by providing that the freedom of religion is limitations imposed by law: ...And are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedom of others.11 The Court of Appeal explained the importance of Article 9(2) of the ECHR in Ladele v Islington. In this case there was a conflict in competing equality claims: sexuality-based and faith-based equalities. On the facts of the case a registrar who professed to be a Christian declined to register a civil partnership between a same-sex couple on the grounds that same-sex partnerships were against her religious beliefs. The Court of Appeal, in considering Article 9(2) of the ECHR held that the law recognizes that in a modern democratic society it is necessary to prohibit discrimination with respect to the delivery of “goods, facilities and services on the grounds of sexual orientation” with only exceptional ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Public law special study Essay Example | Topics and Well Written Essays - 3000 words”, n.d.)
Public law special study Essay Example | Topics and Well Written Essays - 3000 words. Retrieved from https://studentshare.org/law/1400557-public-law-special-study
(Public Law Special Study Essay Example | Topics and Well Written Essays - 3000 Words)
Public Law Special Study Essay Example | Topics and Well Written Essays - 3000 Words. https://studentshare.org/law/1400557-public-law-special-study.
“Public Law Special Study Essay Example | Topics and Well Written Essays - 3000 Words”, n.d. https://studentshare.org/law/1400557-public-law-special-study.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Public law special study

Special Education Case Study

...? Case Study al Affiliation) Current Performance To understand the activities this case study is about to undertake, one needs to have a clear understanding of the student under evaluation, as well as the methods and procedures for assisting this student in dealing with his/her problem. Throughout the study the student in question shall be referred to as X as a way of hiding his/her true identity. Abilities and Support Needs The student under study is an 8-year-old female who is currently suffering from dyslexia. She attends public school and because of her ailment, is forced to spend 50% of her school day in self-containment. Her teachers have decided to...
5 Pages(1250 words)Case Study

Public law

...? Public Law Public Law United Kingdom's constitution does not provide sufficient protection for the right to protest in the streets. The basic rights and freedoms that all people are entitled to are referred to as human rights. They compose of such rights as freedom of expression, equal treatment before the law and the right to life among others. Here, there is freedom of expression which thus gives people the right to protest as long as they do not infringe into other people’s rights or break the law. This right represents entitlements of an individual or groups visa-vis the government, in addition to responsibilities of an individual...
6 Pages(1500 words)Essay

Public Law

...in the constitution through its elected representatives. The principle of Parliamentary sovereignty formulated by Dicey 1 states that the English Constitution confers power to the Parliament both to “make or unmake any law” and that no other person or body recognized by the English law has power to “set aside” or “override” “the legislation of Parliament”2 The judges have power to make law known as common law though the Parliament can pass legislation to nullify a particular common law which the judges are expected to follow. In fact according to Dicey, judges as handmaidens of the Parliament are expected to expound, explain and “give effect to the...
7 Pages(1750 words)Essay

Public Law

...? Public Law PUBLIC LAW Section 4 of 1998’s Human Rights Act is a provision that allows the HRA of 1998 to be effective in the UK.This section enables the courts in the UK to give a declaration of incompatibility in cases where it is not possible to utilize section 3 in the interpretation of subordinate or primary legislation in order for their provisions to be well-matched to the European Convention of Human Rights articles that are also part of the HRA (Sunkin & Murkens, 2010: p42). Interpretation, in this case, for compliance may be in conflict with the intent of the legislation. This is considered as a last resort measure with an array of superior courts having the...
3 Pages(750 words)Essay

Public Law

...? PUBLIC LAW by of the of the of the School June 29, Introduction The UK constitution holds the House of Lords, the House of Commons, and the queen (the crown) to the constituents of the UK parliament. The House of Lords in the UK can be traced back to the 14th century, from where it has developed with various changes to what people now call the second chamber or upper house in the UK constitution (parliament.uk, 2011). For centuries, it had always had an upper hand in the work of the government, by either supporting or refuting the discussions of the common house. Between the 19th and 21st centuries, various changes have taken place and have ended up reducing the powers and rights bestowed on the House...
8 Pages(2000 words)Essay

Public law

..., Oxford University Press, 2013. Available at SSRN: http://ssrn.com/abstract=2365860 Daly, E. 2013. ‘A republican defence of the constitutional referendum’. Legal Studies. doi: 10.1111/lest.12038. European Union (Referendum) Bill. 28 June 2013.Bill 11 of 2013-14, RESEARCH PAPER 13/41 [online] available at: www.parliament.uk/briefing-papers/RP13-41.pdf [accessed 30 Dec 2013]. Eleftheriadis, P. 2009. Parliamentary Sovereignty and the Constitution. Canadian Journal of Law and Jurisprudence, XXII (2): 1-24. Euo.dk. 2014. Edinburgh Agreement / EU-Oplysningen. [online] Available at: http://www.euo.dk/emner_en/forbehold/edinburgh/ [Accessed: 7 Jan 2014]. Edmonds, T. 2011. The Barnett Formula, Summary of Main...
6 Pages(1500 words)Essay

PUBLIC LAW Case Study

...Public Law PUBLIC LAW GRACE SARKAR Order No. 375572 08 February Table of Contents Introduction 3 Rob's crime 4 The Police's role 7 Conclusion 10 Sources 11 PUBLIC LAW Introduction Rob is in a difficult situation. He has confessed to possession of cannabis that was found about a meter away from him by the police officer Clegg. This is not the first time that Rob has been arrested for possession of controlled drugs. This makes the situation worse for Rob. Nonetheless the police officer Clegg might have overstepped his jurisdiction in arresting and confining Rob in a...
8 Pages(2000 words)Case Study

PUBLIC LAW Master Case Study

...Public law Introduction: The Chief Constable of Simpson District Police has invoked the provisions of Section 14 of the Public Order Act 1986, in order to serve restrictive orders on the convening of a the public Assembly by the democratic Party, ProD, under the leadership of its current President, Mr. Geoff Daniels, in protest against the visit of the Zimbabwean government delegation to GDXS plc. The party plans to utilise this opportunity to publicly undermine the workings of the Zimbabwean government and voice the ideologies of the Party. Notice under Section 14 of Public Order Act 1986. Under the provisions of Section 14, the chief officer is at...
4 Pages(1000 words)Case Study

Public Law

..., pp 748-749 * Hobson, John Atkinson. Imperialism. New York: James Pott & Co., 1902. [Online] available from http://www.econlib.org/library/YPDBooks/Hobson/hbsnImp14.html; accessed 12/1/2009; Internet * JA La Nauze, The Making of the Australian Constitution, Melbourne: Melbourne University Press, 1972, at 17, 27-8 * Lord Bingham, Dicey Revisited (2002) Public Law 39 * Lord Browne Wilkinson, 1992. The infiltration of a Bill of Rights. Public Law 397, at 409. * Oliver, D. 2003. Constitutional Reform in the UK. Oxford, Oxford University Press * O’Connor, Sandra Day, 2003. “The importance of judicial independence” remarks before the Arab...
30 Pages(7500 words)Essay

Public law

...to determine whether the related legislation infringed the ECHR. All the same, the HRA was specifically drafted to permit the free flow of opinions from the judiciary on any issue. Such freedom was granted in the knowledge that the courts would not engage in altering the law and that Parliament could ignore Incompatibility Declarations, whenever it wished (Klug, 2002, p. 6). Section 6 Section 6(1) HRA obliges public authorities to act in compliance with the Convention’s provisions. The exceptions permitted are; first, when there is a primary legislation that requires the public authority to act differently, this is the gist of Section 6(2)(a) HRA. Second, when enforcement of statutory...
5 Pages(1250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Public law special study for FREE!

Contact Us