Nobody downloaded yet

Civil Liberties - Essay Example

Comments (0) Cite this document
1. "The European Convention on Human Rights represents an uneasy compromise between the notion of fundamental individual rights on the one hand and the interests of the wider public on the other." Assess the extent to which the text of the Convention and the Approach of the European Court of Human Rights reflects the compromise referred to above.
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.6% of users find it useful
Civil Liberties
Read TextPreview

Extract of sample "Civil Liberties"

Download file to see previous pages In Soering v UK2 the court held that, "In interpreting the Convention, regard must be had to its special character as a treaty for the collective enforcement of human rights and fundamental freedoms Thus, the object and purpose of the Convention as an instrument for the protection of individual human beings require that its provisions be interpreted and applied so as to make its safeguards practical and effective." Judicial interpretation faces evolving challenges due to the advances in information and communication technologies.
The principle of legality is pertinent as interference with Article 8 is to be limited to what is legal. The legal basis for restricting Convention rights have to be identified and established by referring to domestic law. The principle of proportionality constitutes a second key principle and the court while deciding the proportionality of a restriction will take into account whether sufficient relevant reasons sustaining such constraints have been adduced; are less restrictive options available; whether a equitable procedure is adopted in the decision-making process; do safeguards against abuse exist and whether these restrictions obliterate the Convention right. The extent of the obligation to promote "respect for private life", has been determined by the Strasbourg court by applying the doctrine of margin of appreciation, which accepts that different contracting states have different cultural and societal standards. Hence, it accepts that local authorities in these states are more competent than an international court to decide about the aptness of specific procedures. In Marckz v Belgium3 the court adopted a novel approach to the status of illegitimate children, which had been adopted by most of the contracting states. The principle of proportionality and the doctrine of margin of appreciation are very important.
Security agencies have collectively stated that despite significant disparities in resource implications in servicing the structures set up to deal with dangerous terrorist suspects, these result not from the Human Rights Act, but from decisions of the Strasbourg Court in cases such as Chahal4. Further, their conviction is that the courts' approach to Article 8 has not resulted in any difficulties, as interference with the right to privacy has been permitted wherever national security is at stake.
The Human Rights Act provides that a public authority can interfere with an individual's rights if required by a democratic society and that such interference has to be minimal. Hence, this act requires the courts to strike a balance between the individual's rights and the interests of society as a whole.
2. Assume that the Department for Constitutional Affairs has established a working group to reflect on the impact the Human Rights Act 1998 has had on the development of human rights law in domestic law. The working group has commissioned you to prepare a report into the following questions.
(a) To what extent does section 2 of the Human Rights Act make the decisions of the European Court of Human Rights relevant in domestic courts
Section 2 states that a court considering a question ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Civil Liberties Essay Example | Topics and Well Written Essays - 6000 words”, n.d.)
Civil Liberties Essay Example | Topics and Well Written Essays - 6000 words. Retrieved from
(Civil Liberties Essay Example | Topics and Well Written Essays - 6000 Words)
Civil Liberties Essay Example | Topics and Well Written Essays - 6000 Words.
“Civil Liberties Essay Example | Topics and Well Written Essays - 6000 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


Civil liberties

...?Civil Liberties Civil liberties are not the same thing as civil rights. Civil rights are the rights of a citizen, but really expand and only deal with that of a political nature. Civil liberties expand throughout all aspects of life. They are much like the natural laws in that you have a right as human being to have free will, moral rights, and liberty. The United States incorporated this into the Constitution as the Bill of Rights. Brought forth by James Madison, the Bill of Rights composes the first ten amendments to the constitution. The Bill of Rights guarantees such freedoms such as...
1 Pages(250 words)Dissertation

Civil liberties

..., which could be used as a basis for a law suit. Bibliography Home Office (2010). ‘Police and Criminal Evidence Act 1984 (PACE) and Accompanying Codes of Practice.’ [Online] Available at: (Accessed: 14 may 2011) Smith, R. (2010). ‘Labor, Civil Liberties and Human Rights.’ The Justice Journal, Vol. 7 (2): 250-265 Strange, M. (2001). Criminal Justice, Police Powers and Human Rights, Blackstone Press... Laws are enacted to ensure that there is harmony and security in the society. They provide mechanisms and procedures of administrating justice to those who break them as well as those who fall victims to the offenders. The police are the major custodians of these...
3 Pages(750 words)Essay

Civil liberties

... Question The Patriot Act has put forward new limitations onto the knowledge and aspects that should be known by the general public. Because of the increasing terrorism all over the world the Act has been introduced to limit the activities of the terrorists. It is for this reason that government intercepts in many activities without warrants or information to the person involved. A question at this point is asked by many as to which information should be classified and which should not be? In such a world the limitations that are put on our rights have been argued by many. Classification of certain things for the safety of the whole society is important and the Patriot Act maintains this classification. Warrants and wire traps... Question The ...
1 Pages(250 words)Essay

Civil Liberties

...Civil Liberties Civil liberties are freedoms en d to the citizens of any country. Civil liberties are enshrined in the country’s constitution either by doing first amendments, legislation or by common law. In the United States of America, Civil Liberties allow citizens to think, speak their mind, assemble with any group of people, worship and subscribe to the religion of his or her choice freely with private or government interference. This paper will explore among other things, the benefits of civil liberties, police simulation programs and how the police are an...
3 Pages(750 words)Essay

History - Civil Liberties

...Civil Liberties The civil liberties that are granted to the citizens have become their own private issues as they are regarded as issues of many years of agitation and activism. These are issues that have evolved over the years after a long struggle that resulted from slave trade and the poor working and living conditions. For instance, the bill of rights is expected to protect the citizens from the power of the government (King 39). Most of the civil liberties are rooted in the bill of rights and the government cannot take away the rights of its citizens. In most cases, it applies to the federal government. With reference to the...
6 Pages(1500 words)Term Paper

Civil liberties

...? The Civil Rights Movement This was an era devoted to activities for equal treatment and rights of the African Americans residing in the United States. There were numerous demonstrations for social, cultural, political and legal changes to end segregation and prohibit discrimination. The Civil Rights Movement was significant to the United States history and the world because it ascertained that discrimination was unjust and was not going to be tolerated in the country. Elsewhere, it set as example for the oppressed people to fight for their rights. The movement led to the irresistible transformation of the American political, social, and cultural life. Amendments on the prevailing notions concerning the...
7 Pages(1750 words)Term Paper

Civil Liberties

...? Civil Liberties Civil Liberties The various amendments to the United s Constitution have an impact on the prosecution of offenders in the United States criminal justice system. Under the fourth amendment, all the United States citizens are protected against intrusion into their private property. All citizens have the freedom to be exempted from unreasonable involvement in their private affairs through such actions as search, as well as arrests that may be conducted by the police. The impact of the fourth amendment is that it safeguards people when being searched and during detention, which may be conducted by law enforcement officers. In addition, the amendment also...
3 Pages(750 words)Research Paper

Civil Liberties

... Teacher’s ID Civil Liberties: Question 2 Freedom of speech acts as cornerstone of American constitution and society.It not only provides us liberty of expression but also acts as a preamble of personal privacy’s notion. However, there have been instances when the state itself deprived its citizens of these rights. Example of Imam Jamil Al-Amin is one such example of infringements of basic civil rights. Jamil Al-Amin is a dominant name in the history of African Americans and their struggle for civil rights. He was instructed by Supreme Court to put down his website after being convicted of murdering police officials (Salakhan n.p). Such measure was taken to ensure that opinions of judiciary were not influenced by external factors... of a...
4 Pages(1000 words)Essay

Civil Rights & Civil Liberties

...Documents that enforce civil rights and the Civil Liberties Civil Liberty Civil liberties are protected by the American Constitution, especially the Bill of Rights. Protection of civil liberty is further guaranteed by the passage of the Amendment that introduced Due Process Clause, Immunities or Privileges Clause and Equal Protection Clause. Civil liberties are immunities and privileges that every person is entitled to. In dissimilarity to political rights, which is only exercised through conditioned eligibility as a registered voter or candidates,...
2 Pages(500 words)Essay

Civil Liberties

...December 11, Civil Liberties Introduction Civil Liberties refer to the United s citizen’s protected rights. The paper delves on certain liberties. The paper focuses on the rationale for each liberty issue. The law offers exemptions to certain liberty-related laws. Liberties Our United States government implemented civil liberties. One of the controversial liberties is the liberty to take one’s own life. The issue often occurs when the patient is terminally ill. Most patients do not want to continue their suffering (Blanco, 2014)....
2 Pages(500 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 Civil Liberties for FREE!

Contact Us