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Public Law Course Work - Assignment Example

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The first principle that they may invoke is the principle regarding Freedom of Thought, Conscience and Religion which is enshrined in Article 9. There is no dearth of cases that they may cite in order to support their position. …
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Public Law Course Work

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How, if at all, can Estelle and Gary use the Human Rights Act 1998 to challenge conditions 4 and 5 of the Council letter? Discuss what legal arguments can they make under the Human Rights Act 1998 and what remedy or remedies the members could seek.

The Human Rights Act 1998 received royal assent on November 9, 1998 and came into force on October 2, 2000. The objective of said Act was to harmonize the domestic law of the United Kingdom with the European Convention on Human Rights. To reaffirm the commitment of the UK to human rights and civil liberties, it is now possible under the said Act to file a claim for violation of the ECHR without going to the European Court of Human Rights in Strasbourg. Says Weinstein (2000):
This ability to transcend national law, and to compel revision of such law to comport with rights guaranteed by the European Convention in a broad range of areas, most often within the exclusive purview of national and local courts, is of historic note. Generally, nation states have been the final arbiters of most issues affecting their citizenry and within their borders. By treaty, the signatory nations of Europe have granted the ECHR binding authority to decide cases affecting their citizenry and other persons subject to their authority. In instances where state law is found inconsistent with an ECHR judgment, the nation at issue is obliged to amend its national law to comport with the ECHR decision. ...Download file to see next pagesRead More
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