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Public law (check assingment criteria for details of question) - Essay Example

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The State defends individual liberty through law. This is expressed in the basic rights of citizens including their right to property. The state in consideration for the orderly conduct of its citizens provides them…
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Public law (check assingment criteria for details of question)
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Public law (check assingment criteria for details of question)

Download file to see previous pages... the limits of protecting the interests of public at large on the one hand the individual liberties of a certain number of persons who are seen as threats to those interests?
Since antiquity, law has been applied to the state itself, as symbolized by the King. The public good is supposed to be the best law. Laws apply to state in order to restrain it. This form of government is called Constitutional government. In an ideal constitutional government, laws are made by the legislature elected by the people, the administration is looked after by the government (the King in historic times) and the judiciary applies law to determine the issues between parties. Laws are public instruments - they are written in statute books. They are made so as to regulate the powers exercised by the state over individuals.
However, there are inevitably areas of law in which the public good is considered to be more important than the individual liberty. Such may be the case where the activities of an individual are harmful to the society at large. In such circumstances, the state may be justified in depriving the individual of his liberties. An example of this may be a psychiatrically disturbed person roaming the streets armed with a deadly weapon. He may not see reason, which may necessitate his arrest and detention. If this person is doing this for a political reason, then of course a different yardstick would be applied.
Where the government of a state declares an emergency and civil rights of its citizens are suspended, there is bound to be a huge outcry – what was the necessity of adopting such a drastic measure? There are bound to be challenges to the government’s authority to do so, there will be
The object of this essay is to examine the conflict between the individual and the state with regard to human rights. The essay will limit itself to the prevalent situation in the United Kingdom. The scenario regarding public security, law and order has changed dramatically after ...Download file to see next pagesRead More
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