Nobody downloaded yet

Public Law and the Rights of Individuals - Research Paper Example

Comments (0) Cite this document
Summary
Public Law and the Rights of Individuals Introduction Protection of rights of individuals is the issue of a great importance for any society. An interesting example of individual’s rights protection can be exemplified by Australia. There is no Bill of Rights in Australia, unlike other countries…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.7% of users find it useful
Public Law and the Rights of Individuals
Read TextPreview

Extract of sample "Public Law and the Rights of Individuals"

Download file to see previous pages Individuals Rights Protection Five rights of individuals are outlined in the Constitution of Australia (Clark et al, 2010). The first and the most important right for every individual is the right to vote (Sec. 41). In terms of modern democracies, it is of great importance that every individual could realize his role as an active participant of a social life of the country. A right to vote underlines a civil significance of every individual. The second right outlined in the Constitution of Australia is “protection against acquisition of property on unjust terms” (Sec. 51 (xxxi)). To have a property and to assure safety and protection to it means personal safety and peace (McKnight, 2005). Section 116 is focused on the right of freedom of religion, which is beneficial for the citizens of Australia, but with respect to modern diversities of the society it would be relevant to take into account discrimination against sexual orientation and race (Willet, 2000; Sanders, 2002). The latter point is underlined in Section 117, which is focused on prohibition of discrimination basing on the place of residence. Section 80 considers the right of a trial to jury. With respect to individual’s rights protection, this point means a lot as well. It is of crucial importance for citizens to be aware of fair trial (Tazreiter, 2009; Hansen and Ainsworth, 2009). Still, individual’s rights are not properly taken into account in Australia. This can be illustrated by some restrictions of the common law (Morabito, 2003). For example, women and men are considered to have equal rights. Nevertheless, it is often claimed that women are prevented from been occupied in different professions in Australia (Harris and Twomey, 2008). Fortunately, starting from 70s, some legal Acts were issued directed on discrimination prevention on the basis of racial discrimination (1975), sex discrimination (1984), disability discrimination (1992) (Roht-Arriaza, 1995). Thus, we can claim that the main principle of individual’s rights protection is based on non-discrimination principles. Anti-discrimination laws are promoted in Australia. It is claimed that every complaint should be properly processed and mutual agreement on it should be reached either by means by peaceful negotiations or in the court. Still, there is a serious gap concerning individual’s rights protection, when discrimination occurs on the basis of sexual preferences, age, religion or other matters (Meyerson, 2009). Thus, Gelber (2002) claims: “ human rights law has `not engaged explicitly with religious traditions', in the sense that human rights principles tend to advocate freedom of religion, yet this freedom is controversial in cases where a religious tradition denies plurality. Furthermore, many religious traditions evidence historical discrimination and intolerance” (Gelber, 2002).  Thus, it is relevant to introduce some changes in individual’s rights protection in Australia. This may concern a better protection of the rights of a child, or individual’s rights protection on the basis of concerns other than outlined in International Human Rights Protection. “Right to Wellbeing” may be considered as a rough draft as a child’s rights protection in Australia: “ ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Public Law and the Rights of Individuals Research Paper”, n.d.)
Retrieved from https://studentshare.org/law/1431447-to-what-extent-and-in-what-way-do-public-law
(Public Law and the Rights of Individuals Research Paper)
https://studentshare.org/law/1431447-to-what-extent-and-in-what-way-do-public-law.
“Public Law and the Rights of Individuals Research Paper”, n.d. https://studentshare.org/law/1431447-to-what-extent-and-in-what-way-do-public-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Public Law and the Rights of Individuals

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...
6 Pages(1500 words)Essay

Public Law

...there is no express provision, courts find it necessary to presume such general words are also subject to the fundamental rights of individuals. Therefore, courts while in agreement with the sovereignty of Parliament, apply these principles universally applicable in different countries where the parliamentary power is limited by the constitution.5 Thus several case laws have recognized some of the fundamental rights. For example, unhindered access to the courts vide R v Lord Chancellor ex-parte Witham 6 and R v Secretary of State for the Home Department ex-parte Saleem7. Secondly, right against punishment through a retrospective legislation as held in...
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...
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...
8 Pages(2000 words)Essay

Public law

...in Parliament’] has, under the English constitution, the right to make or unmake any law whatever; and, further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament” (as cited in Eleftheriadis, 2009). Hence, one can say that parliament alone has the power to make laws. It also has the immunity in that none can change the laws made by it. In Jackson v Attorney-General [2005] UK HL 56, Lord Steyns approved an argument put forward in 1935. He said that the monarch and the two Houses (Lords and Commons) must consent to legislate. Parliament can spread legislative...
6 Pages(1500 words)Essay

Women Rights Denial by Governments and Individuals

...Women Rights Denial by Governments and Individuals Preamble The online encyclopedia defines the noun "feminism" in two ways as belief in the social, political and economic equality of sexes and (2) the movement organized around this belief. The movement has occurred mainly in Europe and the United States. The social, intellectual, political, economical and cultural changes occurring in the 1600s and 1700s served to create just the right climate for this movement to originate. Mary Wollstonecraft (1759-1797) is considered to be the pioneer of Women's Rights movement. Her 1792 book A Vindication of the Rights of Women is the basis around which the movement...
6 Pages(1500 words)Essay

Public Law Human Rights

...Public Law Human Rights Public Law Human Rights Titus Rock Manickam Order No. 235522 04 August 2008 Table of Contents Introduction3 The Human Rights Act 1998..4 Civil Liberties in the UK5 The United Kingdom Laws versus Civil Rights6 The British Legal and Enforcement Systems.7 Socialism versus Civil Liberties.8 Conclusion..10 Sources12 Public Law Human Rights Introduction The Human Rights Act 1998 (HRA) is a beacon of hope for aggrieved individuals and corporations in the United Kingdom downcast in the conclusion that they have been let down by the British courts. Of those aggrieved the majority comprise celebrities, royals, public figures holding top positions, even a section of common citizens... are...
8 Pages(2000 words)Essay

Public Law (Human Rights)

...for ensuring effective protection for individuals' Community rights. In Marleasing SA, the ECJ held that, the court and other MS under a duty to fulfil the obligation of EC law according to Article 10. In Francovich & Bonifaci v Italy [19914] it was considered that if an individual sustain damages of State Liability, MS take full responsibilities of damage. Here ECJ had contended technological approach with denial of Horizontal Direct Effect of Directives (HDE). The right to damages is dependent upon three conditions: (a) The rule of law, which was infringed, must have intended to confer rights on...
6 Pages(1500 words)Essay

Public Law

...noise levels16 ( as in gatherings for public concerts) or the strength of crowds and their purported potential to cause trouble17. Further legislation and the Impact upon Human Rights: Lord Derry Irvine has pointed out the importance of the Human Rights Act of 1998, through the words of Lord Woolf who said, “The recognition of the need to adhere to the rule of law by protecting human rights is essential to the proper functioning of democracy.”18 However, it may be argued that the new Draconian measures achieve exactly the opposite end. The HRA included the objective of upholding fundamental rights of individuals...
30 Pages(7500 words)Essay

Public law

..., which has been provided under Section 6(2)(b) HRA (Crone, 2013, p. 271). In addition, the public authority can also demonstrate that its actions were aimed at enforcing a statutory provision that could not be interpreted in a compatible manner with the rights provided under the Convention. If the public authority fails to establish one of these grounds, it will be deemed to have acted in an unlawful manner (Crone, 2013, p. 271). In R(GC) v Commissioner of Police for the Metropolis, the UK Supreme Court scrutinised the validity of indefinite retention of DNA samples, by the police, of individuals who had not been convicted of a crime. This retention was under Section...
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 Research Paper on topic Public Law and the Rights of Individuals for FREE!

Contact Us