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Public Law (Human Rights) - Essay Example

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To understand and assess the question, it is necessary to look back to 1945 and a Europe that had been devastated by war: politically, economically, and socially. In the desire to attain some form of harmony in order to guarantee peace and to rebuild Europe…
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Public Law (Human Rights)
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Download file to see previous pages They are appointed is for six term of office of six years through the term is renewable. The power of the ECJ defined in Article 243. The Member States mainly, but not exclusively, in exercising its jurisdiction under Articles 173, 177 and 228(6).2
The sovereignty of Parliament is the dominant characteristic of our political institutions. Sir. A. V. Dicey expressed it as cornerstone of the constitution and he has introduced of this doctrine of PS. These are:
This rule means that the Parliament can make or unmake any law. Parliament may grant independence to dependent states whether dominions or colonies. For example: The Nigeria Independence Act 1960 and The Zimbabwe Independence Act 1979.
2. No Parliament may be bound by its predecessor or bind by its successor: The doctrine of repeal is the idea that supports this theory. Now any Act of Parliament can expressly or impliedly repeal any law. So, this power of Parliament support Dicey's this theory as Parliament is not being bound any Parliament before it. However, by Acts of Union, the law making power of UK and Scotland was merged that was maintained for more than 300 years. Acts of Union and the Grand of independence oppose this theory.
This doctrine states that an Act will be accepted by Courts provided it was made by proper procedure. So, no one can question about its validity. But it is seen that citizens' i.e. ...
electorates and neighbouring countries can question it. Before 1688 settlement judges proclaim an Act invalid because of its conflicts with a law of higher statues. In Pickin v British Railway Board, Lord Read said that although, previous laws contrary to the law of God or the nature or natural justice can be said to be invalid,
The comments of Lord Denning in McCarthy's v Smith, and Lord Diplock in Garland v British Rail Engineering Ltd provides an analogy for arguing that the HRA could be repealed if Parliament wished. It cannot be an entrenched bill of Rights, but where a Sex Discrimination Act 1975 appeared inconsistent with Article 141(then Article119) EC (equal pay). However, HL was able to construe the provision in a manner consistent with Article.3
The influence between of the European court in the development of Community law, and the influence of domestic courts in the development of English law, on the other hand. Lord Diplock's dictum in the GCHQ is testament to the influence of the courts in the development of administrative law. His Lordship stated "English law relating to judicial control of administrative action has been developed upon a case-to-case basis which has virtually transformed it over the last three decades."
In Les Verts the Court referred to the Treaty as the ""basic constitutional charter" of the Community and came to the conclusion that, although the Parliament was not mentioned as a possible defendant in Article 173, binding measures adopted by it were subject to judicial review. The Court stated that by Articles 173, 184 and 177 the Treaty intended to establish a complete system of legal remedies. Les Verts is a prime example of dynamic interpretation, an approach typical of the interpretation.
The current British position is ...Download file to see next pagesRead More
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