Repealing The Human Rights Act Essay

The English Bill of Rights and the US constitution have many similarities and differences. This paper is going to point out differences and similarities between the two historical documents. The main similarity between the documents is that they try to protect the liberties of individuals and to limit the powers of the government. One of the Key differences between them is that the English Bill of Rights addresses issues related to the king rather than the authority of parliament. There are many similarities between the English Bill of Rights and the US Constitution.

To begin with, in the judicial system, there is an ongoing dispute over what compromises the proper amount of judicial power. This lack of agreement concerning policymaking power of the Courts is bestowed within the discussion between judicial activism and judicial restraint. In general, these two philosophies represent the conflicting approaches taken by judges in their task of interpretation. Consequently, the Court’s decision could be framed in terms of activism or restraint by either changing or upholding public policy.

The following Charters have recognized the rights of human beings and have laid the foundation for our current governments proving that they are cherished not only in England or the Western World, but by all men everywhere who believe that only

According to the act “everyone has the right to life, liberty, and security of the person, and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” (The Charter of Rights and Freedoms 1982). Section 7 of the Charter of Rights and Freedoms sets rights that protect us when dealing with the justice system. The charter ensures that “that individuals who are involved in legal proceedings are treated fairly, especially those charged with a criminal offence” (Section 7-14: Legal Rights). Finally, were the equality rights.

These human rights 'instruments', as they are called, have fixed how many rights apply to particular groups of human beings such as women or children. They have also come up with new ideas that were not part of the thinking of those who first drafted the Universal Declaration. The link between human rights and other pillars is clearly evident all the way through the UDHR. First, it allows, in the Preamble, that the credit of the unchallengeable rights of all people is the groundwork of freedom, justice and peace across the world. Secondly, it expands the UN Charter’s stated purpose of encouraging growth by giving economic, social and cultural rights the in the same degree of safety that an individual finds for civil and political rights (Marshall

Civil liberties are defined as “the personal guarantees and freedoms that the government cannot abridge by law, constitution, or judicial interpretation.” Civil liberties incorporate specific rights such as the right to free speech, press, assembly, and petition contained in the First Amendment. The United States Constitution or more specifically the Bill of Rights is the foundation for the impartment and preservation of civil liberties in America. The Bill of Rights consists of the first ten Amendments of the United States Constitution, these Amendments guarantee an individual with basic rights and liberties that will not be infringed upon by the government.

The ratification of the US Bill of Rights took place in 1789. The Bill of Rights supply citizens of the US with inalienable rights that they are born with and acquire if they immigrate. Since it was ratified, there have been several occasions in which these rights have been infringed upon during times of conflict, in which the United States government attempts to shield the nation from conflicting issues inside or even outside the country because of fear. The government believes that this unconstitutional action to restrict citizens’ rights must be done to protect citizens of the United States, but in an attempt to protect others, many become mistreated.

The Bill of Rights is the first ten amendments to the United States Constitution. It was created to protect certain rights that were not obviously granted and protected in the Constitution. It does this extremely well. Philosopher John Locke spoke about how the people feared a government that was too powerful, they did not want a tyranny. They had just escaped the rule of King George and the English monarchy and they wanted a system of government with limited power.

Rights is the power or privilege granted to people either by an argument among themselves or by law. Major events that occurred throughout history enabled Americans to obtain wanted rights and freedoms and set up a baseline for the formation of the United States. These gained freedoms and rights promoted life, liberty, and the pursuit of happiness for Americans. Events such as the American Revolution, the creation of the Bill of Rights, the Age of Expansionism, and the Civil War enabled a positive change in rights and freedoms for Americans. Rights were positively changed during the American Revolution the spread of ideas and the solidification of rights and freedom from Britain by the Declaration of Independence.

On December 9, 1948, as the United States was approaching a proposal towards the Universal Declaration of Human Rights, which seemed unfair and uncompromised, first lady, Eleanor Roosevelt displayed a motivational and moving speech to allow the citizens of America to come together as one to make the best of the situation that was proposed in front of them. The analysis of the tingling speech on the adoption of the Universal Declaration of Human Rights, will explore the deep rhetorical devices used to compel the audience and America, including the true purpose and background of this particular eye-opening speech. In paragraph 1, it reads, “Not every man nor every government can have what he wants in a document of this kind. There are of course particular provisions in the Declaration before us with which we are not fully satisfied.”

Imposition on Human Rights The modern conception of civil liberties involves a long list of individual rights which include the right to liberty and security of person, rights to property and privacy, right to a fair trial and the rights to free speech. These civil and political rights are now framed as “human rights” and are protected by numerous international treaties. Freedom of movement is also broadly recognised in international law and bills of rights. Article 13 of Universal Declaration of Human Rights provides that everyone has the right to freedom of movement and residence within borders of each state.

The “Four Freedoms” was the main reason why the Universal Declaration of Human Rights was developed.  “The Declaration was drafted over two years by the Commission on Human Rights, chaired by former First Lady Eleanor Roosevelt.” (“The Four Freedoms” 1). It was adopted on December 10, 1948 and is known to be “one of the most widely translated documents in the world” (“The Four Freedoms” 1). This declaration insists that all rights be upheld by governments and people to secure basic human rights (“The Four Freedoms”

“To deny people their human rights, is to challenge their very humanity.” -Nelson Mandela Canada is well known across the world for handling its national challenges well, yet has not been obeying the human rights. The human rights were made so everyone was equal and no one had higher power. According to Canada.ca, Canada is a founding member of the United Nation, (UN) and is a party to seven principal United Nations human rights conventions and covenants.

The impact of Human Rights Act 1998 in UK is critical. There are areas in the society that improved from the Act but also areas that got worse. There are advantages and disadvantages of the HRA of 1998 . Here are some reasons why the Human Rights Act makes UK a better place.

In short, Waters says that specific rights will be granted dependent on specific historical conditions. According to Waters, human rights are a product of particular balances of political interests. He emphasises the distinct difference between human rights discourse and human rights institutions. Human rights were made to benefit the bourgeois class, in his opinion. Since Waters viewed human rights claims and institutions as being “unique”, he believes that it is impossible to explain the point of origin.