Our website is a unique platform where students can share their papers in a matter of giving an example of the work to be done. If you find papers
matching your topic, you may use them only as an example of work. This is 100% legal. You may not submit downloaded papers as your own, that is cheating. Also you
should remember, that this work was alredy submitted once by a student who originally wrote it.
The paper "Persistent Attacks by the Popular Press on Common Law Rules" states that the government is structured to assist its citizens with those endeavors and tasks, which may in most instances be cumbersome and inconvenient for them to handle on their own, or undertake with their own resources…
Download full paperFile format: .doc, available for editing
Extract of sample "Persistent Attacks by the Popular Press on Common Law Rules"
1
The Justice Process
There are a number of issues which are of primary concern to the residents of the
UK, and chiefly among them is how much they have had too adjust their lives in the
shadows of the ever present thought, surrounding the existence of terrorism. The
newspaper articles of three to four years past, (and even today), constantly remind us of
our need to be vigilant regarding our safety. The articles in the newspapers which are of
particular concern, are addressing human rights matters which are stipulated both in the
Human Rights Act of the Uk, and those articles ( primarily 3 & 6), which are contained in
the European Convention on Human Rights Act. In this regard, the government has been
compelled on a daily basis to address one of the most compelling idioms ever presented
to the human race. The matter of being fair to one, without being unfair to the other.
The crime control model v. the Due process model. Which comes fist? Is it
possible to have a happy co-existence with both models present? The two crime models
have been in opposition (of each other) for years. Due process is a principle that states, no
person should be deprived of liberty, life, or property without being afforded the proper
legal procedures. Moreover, any individual who is charged with a crime, it is required of
the criminal justice system to protect the rights of the individual being charged.
On the other hand the crime control model is a lot more subjective, as it is based on
the reliability of the fact-finding process and procedure of the police. In other words, if
the police say, they have collected enough evidence to convince them of a persons level
of participation in a criminal act or enterprise, then the person is presumed to be guilty(
instead of innocent until proven guilty, by an impartial jury of peers-due process.).
2
“The Emergency law”, which was urged by David Beckett and subsequently
passed by the UK Parliament, is a prime example of the practice and implementation of
the crime control model.. The law essentially enables the government to”…lock up
foreign nationals without charge, or trial, is an exemption from part of the European
Convention on Human Rights”1
The advent of the emergency law which obviously runs counter to due process, did not receive a favorable endorsement from all camps; many of the detractors felt the
emergency law should be “revoked”, because it explicitly discriminated against
foreigners. The individuals were not totally showcasing a stand on altruism, but were
dealing with both parochial and international implications of the denial of due
process. Moreover, the far reaching ramifications of the policy’s impact on the country’s
commitment to the ECHR.
Nonetheless, Mr. Blunkett was himself convinced that he was duty bound to
protect the indigenous residents of the UK. Implementation of the Emergency law, would
exhibit his commitment to his public responsibility. Much to his credit, parliament
became complicit in perpetuating this attack on due process.
Members of the Privvy Council(whose membership includes former MPs and other
assorted types of former public servants), stated”…While this power has not been used
injudiciously or excessively it raises difficult issues of principle and it does not meet the
fill extent of the threat”2
The Privvy Council was addressing the fact that there were a number of British
citizens who were considered to be terrorists, but the emergency law did not acknowledge
1Tempest, M., 2003, Scrap Anti-Terror Laws, Say MPs and Peers, Guardian Unlimited, December 18,2003
2Ibid
3
Their existence, nor did the law mention how, or if these indigenous individuals would be
apprehended and dealt with. Joining the list of detractors, Amnesty International
characterized the emergency law as one which has created a “Guantanamo Bay in our
backyards”3
Politicans often feel compelled to provide solutions to occurrences which they
perceive to have had a profound or even devastating affect on the public. To be sure,
subsequent to the events of September 11, they were correct in assuming that some
safeguards had to be put into place. However, they forgot to consider that the measures
should be designed as a precaution and not as punishment.
“…Emergency legislation passed as a consequence of a national catastrophe
associated with terrorism has a predictable pattern. It involves an unseemly scramble
amongst the legislature so that it is seen to be doing something” The law is hastily
tightened, with scant recourse to reasoned chamber debate or recognition of standard
procedures, in order to respond to media and public outcry. Thus the politicians
anxiety to be viewed as resolving the crisis overrides both established process and
rational action.”4
It became exceedingly clear that the emergency law, was in need of a pro-active
legal perspective, which would render it reasonably broader in its scope and breadth, and
afford the persons concerned with the appropriate due process.
With the passage of the UK Human Rights Act, the government authorities
3Tempest, H., 2003, Scrap Anti-Terrorists Law, say MP’s and Peers, Guardian Unlimited, December 18,2003
4Thomas P., 2002, Legislative Response To terrorism, Guardian Unlimited, September 11, 2002
4
acquiesced to compliance of the due process model. This model is the guiding framework
on which the European Convention on Human Rights Articles are based. The state or
governments autonomy which was enjoyed prior to passage of the UK HRA,(which is
superceded by the ECHR) has been negated. If the government authorities are going to
institute a war against terrorism, then there must be conformity to macro policies and
procedures.
“…the rule of law, equality and fairness are challenged by terrorists as well as by ill-
conceived legislation. The police and the security services can not be allowed
complete freedom through law to tackle terrorists. The European Convention on
Human Rights has laid down the limits” “The court, being aware of the danger of such
a law poses of undermining or even destroying democracy on the grounds of
defending it, affirms that the contracting states may not, in the name of the struggle
against terrorism, adopt any measures they deem appropriate”5
The many challenges put forth, regarding the cost of Human Rights, has prompted
some politicians to question the perimeters which dictate the powers between the
legislative and judicial branches of government.
The balance of power struggle which exists between the government officials and
the judiciary, is as an indication of one or two things; that some government authorities
are either not clear on the exact perimeters, or that they don’t care. In any event, the
prevailing theme of government officials is that they are more keen about what the public
wants and needs, than do the members of the judiciary. It is ironic that the government
5Thomas P., Legislative Response To Terrorism, Guardian Unlimited, September 11, 2002
5
Authorities have lodged the thrust of their criticism on the very concept which enables
the judiciary to be objective. The fact that they are not elected officials, empowers them
to approach situations with the absolute long term reasonable good, for a majority of the
populace. Among the three branches of government; Executive, Legislative, and judicial,
the absolute non-compromising impartiality, can only be found among the latter.
“…,When international human rights standards and treaty obligations fall within the
jurisdiction of our courts, it is the duty of the judges to decide whether the authorities
have acted within the law or not. They (government authorities) feel that the powers
conferred by a democratically elected parliament should not be challenged by
unelected judges who thereby prevent the government from taking action it deems
necessary to protect the public”.6
The House of Lords interpreted the emergency law to be absent of reasonableness,
due process and with no regard for the rile of law. While the Lords were not against the
intent of the emergency law, they collectively felt that, in its present composition, it was
not in the best interest of preserving liberty.
“…The House of Lords voted by an eight to one majority that detaining foreigners
without charge, or trial breaks human rights laws.” “Lord Bingham says, the
antiterrorism law is incompatible with the European Convention on Human Rights
because it is disproportionate and discriminates against foreign nationals”7
This declaration from the House of Lords prompted Mr. Clarke to reconsider. He
6Bindman G., 2006, Huama Rights Can We Afford Them, Guardian Unlimited, November 3, 2007
7No Author, 2004, Guatdian Unlimited, December 10, 2004
6
began by acknowledging the obvious omissions and shortcomings of the law. He
subsequently made a conciliatory move in view of the declaration from the House of
Lords, and attempted to incorporate a more humane approach…”Mr. Clarke outlines
plans for tough restrictions that would apply to British citizens and foreigners equally
who are suspected of terrorist activity”8
The affect of repealing the Human Rights Act would have dire consequences
towards the impact of civil liberties for all resident of the UK. It would without a doubt,
have its most significant impact upon those who occupy the working class strata, and
among those who belong to diverse minority groups, including women and the aged. The
government is structured to assist its citizens with those endeavours and tasks, which may
in most instances be too cumbersome and inconvenient for them to handle on there own,
or undertake with their own resources.
Withdrawing from the ECHR would erode the credibility of the UK, not only in
Europe, but around the globe. This is clearly not an option.
Politicians have attempted to alter the balance of power and to implement the crime
control model in the UK, under the guise of an all out attack on terrorism. They were not
successful in establishing a precedent with the emergency law. Reasonableness, in the
form of the Due Process model has once again prevailed.
8No Author Time line, Guardian Unlimited, February 25, 200
Word count 1750
Works Cited
Bindman, Geiffrey, Human Rights Van We Afford Them? 2006, retrieved on line on
November 3, 2007, from www.opendemocracy.net
Guradian Unlimited, Legislative Response to Terrorism, December 16, 2004, retrieved on
line on November 3, 2007, from www.guardianunlimited.com
Tempest, Matthew and Agencies, Scrap anti-terror laws, says MPs and Peers, Guardian
Unlimited, December 23, 2003, Retrieved on line on November 3, 2007, from
www.guardianunlimited.com
Thomas, Philip, Legislative Response to Terrorism, Guardian Unlimited September
11,2002, Retrieved on line on November 3,2007 from www.guardianunlimited.com
Read
More
Share:
CHECK THESE SAMPLES OF Persistent Attacks by the Popular Press on Common Law Rules
Normally, the military law would punish the simulator after he is unmasked, following the identification norm.... The essay "Terrorism: The Case of Greece" focuses on the critical, and thorough analysis of the major issues in the case of terrorism in Greece.... Terrorism by its conventional definition might be defined as a collusive, symmetrical dance of reciprocal suicide....
Just like the Federal rules of Civil Procedure, the San Francisco rules of Civil Procedure, establish a motion's details for summary judgment in the Rule 56.... Their Supreme Court recently introduced some new language into the rules of Civil Procedure's Rule 56.... 56) is that both rules state that each and every fact cited by a party not to be or is legitimately disputed should be supported by a specific citation on the record; that is the party must cite to specific sections of materials in the record, which include information that is electronically stores, documents, depositions, stipulations, which include those that are specifically prepared for the motion, responses to interrogations, admissions, or even some other materials....
According to the United Kingdom Federal law addressing the concept of theft, it was very right to take that legal action because Mr.... According to the United Kingdom Federal law addressing the concept of theft, it was very right to take that legal action because Mr.... The UK Federal law clearly states that nobody should serve personal interest or engage in some form of corruption when working in a public office, company or private sectors....
States of all stripes - including modern liberal democracies - have responded to terrorist threats through the curtailment of civil liberties (United States post 9/11), the imposition of martial law (Canada during the FLQ crisis of 1970) and the wholesale destruction of communities (Iraq's genocide of the Kurds in Halabja, 1988)....
alestinian women terrorist leadership has been sufficiently successful that it may have provided at least some motivation for the September 11 attacks.... Ironically, the attacks have not weakened the Israelis physically; if anything, the attacks have moved the Israelis to new levels of proficiency in eradicating the threat....
The lessons from our experiences about conflict and war tell us one very important fact: the record of conflict or war-prediction is poor and that no one has specifically foretold the major events and details in a major war.... Even the body of literature that outlines numerous.... ... ... This is because war is uncertain and that there are numerous variables that could trigger its occurrence....
Several suspected upper-class or foreign inspiration behind the upheaval,religious, widely reported by the European press.... The focus of the paper "The Rebellion of Emilian Pugachev Backgrounds and causes of the rebellion of Emilian Pugachev" is on initial successes of the Revolt, on Russian government and political powers, on administrative changes and Pugachev's defeating by Catherine's Armies....
Since the Islamic law does not differentiate between state and religious matters, it would be safe to say that the simple answer to the questions would be that the suicide bombing practices are inspired by politics and religion (Toft 2007).... The report "War on Terror" critically analyzes the multifaceted issues concerning the war on terror....
13 Pages(3250 words)Report
sponsored ads
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Persistent Attacks by the Popular Press on Common Law Rules"
with a personal 20% discount.