Analysis of the UK Human Rights Act

Analysis of the UK Human Rights Act The Human Rights Act contains certain provisions which have enacted to prevent busybodies, cranks and other mischief makers from bringing actions under the act. It will be argued that whilst this was the aim of the legislation, this has only in part been achieved. Section 7 of the Human Rights Act permits Convention rights issues to be raised in any legal proceedings. However, S7 also provides that only a victim of an alleged infringement of the Convention may bring an action under the Act. This is a narrow concept and requires the claimants to be personally affected by the action being impugned. The ECHR test is more expansive than the notion of a private legal right which is used to govern the grant of standing for the declaration and injunction in English law. Complaints under the Convention must be brought by a person, non-governmental organisation (NGO) or group of individuals claiming to be the victim of a violation. Â   The term victim refers to the person directly affected by the contentious act or omission. In the case of Dudgeon v United Kingdom (1981) 4 EHRR 149 the gay male applicant were regarded as victims of the countries criminalisation of homosexual practices even though he had not bee subject to prosecution. However converse ly in Leigh, Guardian Newspapers Ltd and Observer Ltd v United Kingdom (No 10039/82) (1984) 38 DR 74 the commission did not accept that all journalists were victims of a House of Lords decision to refuse to disclose documents to journalists even though the documents concerned had been read out in court. The victim test is narrower than the sufficient interest test for judicial review. The obvious question is how the court is to choose which test to apply in circumstances where both seem to be available. With its locus standi requirement that one arguing that a public body has acted incompatibly with the Convention should be a victim of the violation, the Act allows challenge and intervention by a far narrower class of persons and interests than obtains for judicial review generally. Access to the courts in the formalised rights debates under the Act is correspondingly restricted. Calls for a human rights culture and democratised debates about rights are all very well, but ultimately the very point of a judicially enforced Bill of Rights is that decisions are made in cloistered courts by judges who cannot, unlike ministers, be lobbied. Â  As one recent, detailed study has concluded, the result is, if not the end of politics, then its legalisation. As Loughlin puts it, judicial review [of statutes] must be seen as the retention of some form of aristocratic rule in a democratic state, where the aim is no less than the elimination of the idea of the (political) sovereign and its replac ement with the sovereignty of law[i]. It can therefore be seen that whilst it is suggested that the victim requirement is sufficiently narrow it does not obviously exclude the likes of busybodies and cranks from brining action. The reason this difficulty arises can be demonstrated in the case of Dudgeon as above, that is that a person may not necessarily be a person who has been prosecuted or effected by the act but only has to be one that is likely to be so affected. This causes a multitude of problems and encompasses a plethora of applicants included those referred to as busybodies and cranks. Question 2 The convention rights that are particular important to gypsies are Article 8 the right to a home and to respect for private and family life; and Article 14 the right not to be discriminated against in relation to Convention rights. It is argued that gypsies can rely on these provisions in their search not only for protection of their homes. The landmark decision in this field was that of Buckley v UK [1996] JPL 1018. In that case Mrs Buckley was a gypsy residing with her three children in caravans on land that she owned. She was refused retrospective planning permission and the council took enforcement action. She lost her appeal and took her case to Strasbourg. She argued that prevention of her continued residence on her land was a breach of her Article 8 rights. She further argued that the statutory regime enacted by the 1968 and 1994 Acts amounted to a breach of her Article 14 rights in that it prevented her from pursuing her traditional lifestyle. The Court held unanimously that Article 8 was applicable. However, the right is that there shall be no interference beyond that which is reasonably necessary in a democratic society. The court held that the interference with the Gypsies right to a home, which they acknowledged existed, was justified on grounds of public policy. The court also rejected her Article 14 claim. In Chapman Others v UK (2001) The Times, January 30 the court held once again that there was no incompatibility with Article 8, again for much the same reasons, that the acknowledged infringement was justified on public policy grounds. However this time the court was considerably more critical of the UK government, stating (at para 96 of the original transcript): although the fact of being a member of a minority with a traditional lifestyle different from that of the majority does not confer an immunity from general laws it may have an incidence on the manner in which such laws are to be implemented [The] vulnerable position of Gypsies as a minority means that some special consideration should be given to their needs and their different lifestyle both in the relevant regulatory planning framework and in arriving at the decisions in particular cases To this extent there is thus a positive obligation imposed on the Contracting States by virtue of Article 8 to facilitate the Gypsy way of life. The court made clear that the United Kingdom enjoyed a wide discretion in how it went about what were essentially political, rather than judicial, decisions. That discretion was however to be subject to important considerations, and failure to give proper weight to these considerations could make the decisions taken unlawful. Amongst these considerations, the court emphasised (at para 103), was the fact that if no alternative accommodation is available, the interference [with the right under Article 8] is more serious than where such accommodation is available. In other words, it may prove very hard for local authorities to justify a failure to provide for adequate accommodation themselves, while at the same time setting out development plan policies that do not allow Gypsies to make their own provision. In R. (on the application of Fuller) v. Chief Constable of Dorset Police [2001] EWHC Admin 1057, December 12, 2001 Local councils had indicated that they would tolerate the continued presence of travellers on their land until the end of August. Following certain incidents the councils agreed with the police that the travellers would be required to leave. On August 29 the council and police visited the site. The council gave the travellers written notice to leave on August 31 and the police at the same time issued a direction under section 61 of the Criminal Justice and Public Order 1994. Four of the travellers sought a declaration that the direction under section 61 was invalid. Held, (i) that section 61 had to be construed narrowly since it created a criminal offence, and on its true construction a direction could not be issued until the trespassers had failed to comply with a valid request by the occupier of the land to leave; (ii) that a valid direction could not be given to vacat e the land at some future date, and accordingly the direction was invalid; (iii) that section 61 was compatible with the ECHR; Articles 3 and 6 of the Convention were not engaged, Article 8 rights would not necessarily be infringed and Article 1 of the First Protocol was not infringed; (iv) that, if the travellers had failed to leave on August 31, a section 61 direction would have been lawful, save possibly in respect of one of the claimants who at the time was nine months pregnant. Therefore the case law in this area demonstrates that by and large the regulation of the environment is left to executive and legislative authorities. Question 3 What is due process? In Thomas v. Baptiste [2000] 2 A.C. 1 members of the Privy Council engaged in a dispute as to whether the phrase due process of the law in the Constitution of Trinidad and Tobago meant anything more than what the dissenting judgment described as applying the law of the land as a matter of both substance and procedure Due process invokes the concept of the rule of law itself and the universally accepted standards of justice observed by civilised nations that observe the rule of law This raises the question of the impact of the ECHRs incorporation into UK law via the Human Rights Act. It is argued that procedurally there has been a great amount of change to the UK situation and that this change is ongoing. Under the Human Rights Act 1998 UK courts have to consider, taking account of the Convention jurisprudence under s2, to what extent, if at all, the freedoms may legitimately be curtailed. If, having striven to achieve compatibility, it is found to be impossible, a court of sufficient seniority can issue a declaration of incompatibility, although it will merely have to go on to apply the law in question.[ii] This is of course of profound effect on previous UK legal procedure where the courts would have had to apply the provision of the Act even if it breached the convention. Incorporation of the Convention under the Human Rights Act has already had a number of procedural advantages. UK Citizens may obtain redress for human rights breaches without needing, except as a last resort, to apply to the ECtHR in Strasbourg. This obviously saves a great deal of time and money for the citizen and thus greatly improves access to justice. The range of remedies available under the Human Rights Act is the same as in any domestic court case, and so includes injunctions and specific performance where appropriate, rather than simply damages. British judges are already making a contribution to the development of a domestic Convention rights jurisprudence.[iii] There is still some concern however that UK judges will improve procedural requirements and not regard the Convention rights as they should. The British judiciary are, in general, highly regarded, but they are an elite group, drawn mainly from a certain stratum of society and therefore, to varying degrees, out of touch with the working class. They have trained in techniques of legal analysis which included deciding cases without the responsibility of considering their human rights repercussions, although it is fair to say that their attitude to such repercussions was changing in the years leading up to the enactment of the Human Rights Act. Apart from its implications for legislation, public authorities have been greatly affected by the inception of the Human Rights Act due to the requirements of s6. Under S 6, it is unlawful for a public authority to act in a way which is incompatible with a Convention right. This is the main provision giving effect to the Convention rights; rather than the incorporation of the Convention, it is made binding against public authorities. Under s6(6), an act, includes an omission, but does not include a failure to introduce in or lay before Parliament a proposal for legislation, or a failure to make any primary legislation or remedial order. Section 6 (6) was included in order to preserve parliamentary sovereignty and prerogative power: in this case, the power of the executive to introduce legislation. Thus, apart from its impact on legislation, the Human Rights Act also creates obligations under s6 which bear upon public authorities. Such obligations have a number of implications. Indepe ndently of litigation, public authorities must put procedures in place in order to ensure that they do not breach their duty under s6. [i] Loughlin M, (2000) Sword and Scales: An Examination of the Relationship Between Law and Politics Passim [ii] For example see the case of R (H) v Mental Health Tribunal North and East London Region and Another [2001] EWCA Civ 415 [iii] R v A [2001] 2 WLR 1546; R v Lambert [2001] UKHL 37; R v Offen [2001] 1 WLR 253

Death of a Salesman Essay -- essays papers

Death of a Salesman In the play Death of a Salesman by Arthur Miller, Willy is both sympathized with and looked down upon throughout the story. Willy is a very complex character with problems and faults that gain both sympathy and also turn the reader off to him. Willy Loman is both the protagonist and the antagonist, gaining sympathy from the reader only to lose it moments later. The play begins with Willy as the antagonist, fighting with his wife Linda and a generally mean person. He insults his sons and scolds Linda for buying the wrong cheese. Willy shows his biggest personality flaws early on in the story; contradicting his own thoughts, being verbally abusive, and showing his over developed sense of pride. Willy loses the readers sympathy again in a flashback early on in the play when he goes off on a rant about the money he owes for things, almost blaming Linda for their hardship. During a conversation with Happy, Willy again loses his temper and yells at Happy for trying to be nice and saying "Pop, I told you I'm gonna retire you for life"(I,1300). As that is going on the next door neighbor, Charley, comes over because of the noise and strikes up a conversation with Willy. The two are playing cards and shooting the breeze when Willy once again starts with the insults, calling Charley ignorant, and telling him hes disgusting, as if to boost his own con fidence or make himself seem smarter or better than Charley. Soon after his arguement with Charley, Willy is in a flashback ordering Happy and Biif to steal lumber from a nearby building project, teaching his boys to steal to impress his brother Ben. Willy and Biff then get into an arguement over Biff's lack of effort in getting a job and keeping it, and about ... ...is off in his own little world almost ignoring Biff. The reader sympathizes with Willy due to his clouded mind, yet is turned away by his arrogance and showmanship attitude. In the begining of the story Willy is scolding his wife and bad mouthing his sons one moment, then the next hes saying how great his children are and telling his wife how much he loves her. Willy sends the audience on a roller coaster throughout the entire play, gaining sympathy and pity one minute, while the next turning the reader's sympathy and pity elsewhere. Willy Loman is both the protagonist and the antagonist, gaining sympathy from the reader only to lose it moments later. He is his own worst enemy, causing his life to be much harder than it needs to be. If only Willy had realized his faults and accepted life as it is, perhaps the reader would have been his sympathizer the entire play.

The Feeling of Music

In my listen world there are almost no classical music existence, but sometimes will still have a little. It does affect the music that I listen to now. Those classical music like a memory to me. Sometimes it will attract me to listen it; it reminds me to some historical memory, which I don’t like it at all. It will make me think the music that now I listen to are no any connotation and superficial. Even though I don’t like classical music, but somehow I will choose to listen it; because it let me have a feeling that back to the century. Classical music has a pretty big influence, because listening to classical music can decreases my tension in sometime. Even that classical music is not my preferred genre. Now, in my opinion there are a lot of difference between modern classical music and pop music. The tones of the modern classical music are still singing very slowly and the sounds can make you sleepy. Also now all the modern classical music all around us most have gone, even though there are still have some popular in this century, but most people won’t hear it because now have pop music. However, the classical get in development it still can’t compare favorably with pop music, because now is twenty-one century everyone get in fashion. Pop music is modern say music that a large amount of the population enjoys listening to. As a genre, pop music is very eclectic, often borrowing elements from other styles. It’s including urban, dance, rock, Latin and country; nonetheless, there are core elements which define pop. It is written quite recently and has almost no rules as to how it can sound. Also it’s unique and lots of improvisation. In additional, classical music does not affect my life at all. In my life only contain pop music, because I am a person that seeks vogue. I don’t allow anything affects my fashion, because in my mind classical music is a backward thing. As I mansion earlier, in my listen world there are almost no classical music existence. So, for this case classical music wont affect my life at all.

Essay about Dreams in Arthur Millers Death of a Salesman

Do you ever have a dream? What is your dream? Having a dream is crucial for people to work hard to make the dream come true. In Death of a Salesman, Willy Loman, the main character, had a dream— to be a well-liked salesman—and had strived for this dream throughout his whole life. But he committed suicide to end his life. He was not happy in the process of achieving his dream. Arthur Miller, the author, reveals a negative attitude towards Willy’s behavior and beliefs. Willy is a man with flaws that leads to his downfall. I share the same attitude with Miller. Yet, I pity the tragedy of Willy. Miller reveals a negative attitude towards Willy’s behavior by displaying Willy’s poor parenting skills. Being a father of Biff and Happy,†¦show more content†¦Biff until this point had always looked up to Willy and thought of his father as almost invincible. This incident changes many of Biff’s views regarding Willy. This incident also makes Bif f lose his motivation in football and his school, causing Biff’s failure when he grows up. Willy’s suicide also makes him a bad role model for his sons. Although Willy kills himself because Biff can collect insurance money, others will think that Willy kills himself out of depression. Failing to act as a role model for his sons, Willy also has a narrow sense of success. Willy’s view of success is different from others’ throughout the play. One of Willy’s views of success is about the football career of Biff. Willy so admires Biff playing football that he completely disregards that fact that Biff is in danger of failing in school. Bernard comes to ask Biff to study for the exam, and Willy responds by saying, â€Å"Let’s box, Bernard!†(32) Willy shows no worries about Biff failing in school because he expects Biff’s athletic talents to carry him through life. Willy also has a warped sense of success regarding his occupation. Dav e Singleman was a man who, at eighty-four, could make his living by calling clients from his room. Willy met him in the Parker House and changed his mind about following his brother, Ben, to Alaska. Willy admires Singleman and decides to follow his career path. Since then, he worked hard every day to make his dream come true. Yet, he is not goodShow MoreRelated Failure of the America Dream in Arthur Miller’s Death of a Salesman1097 Words   |  5 PagesFailure of the America Dream in Arthur Miller’s Death of a Salesman  Ã‚        Ã‚  Ã‚   Arthur Miller’s Death of a Salesman examines Willy Lowman’s struggle to hold on to his American Dream that is quickly slipping from his grasp. As Americans, we are all partners in the â€Å"dream† and Willy’s failure causes each of us anxiety since most of us can readily identify with Willy. Most Americans can readily identify with Willy. 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