Essays require you to demonstrate and pay close attention to developing the following skills: PLANNING, RESEARCHING, WRITING and REFERENCING
Before starting work on your essay make sure that you watch the following videos that are available on the Legal Systems and Methods moodle page”:
ANSWER THE QUESTION: Take time to read the question you choose very carefully and make sure your essay addresses and responds to the key terms in the essay title.
Where an essay question is a quote, you are not required to identify or refer to the source of the quotation.
RESEARCH: In answering an essay question you have choice over what material to refer to. So, for example, in relation to all the essay questions you can draw on a variety of cases to demonstrate or explain the points you wish to make.
An essential requirement for this essay is that you make use of material (cases, statutes, academic articles) from the Legal Systems and Methods course. You are not limited to material from the course – you can look beyond it – but it is important to demonstrate that you have engaged with some of the material from the course.
ANALYSIS AND DESCRIPTION: It is important when writing your essay to recognise the difference between ‘analysis’ and ‘description’. They are both important. But very good essays are able to demonstrate an ability to go beyond description in order to identify and evaluate different commentators’ perspectives. These perspectives may be informed by empirical and practitioner observations about law in practice and academic and theoretical observations. Analysis is a way of drawing attention to and demonstrating an understanding of debates and alternative views.
CLARITY: It is important that you try to make sure that the structure, analysis and argument and writing is as clear and logical as possible. Correct spelling and punctuation are important here. Use clear and concise language. For example, avoid long sentences, use plain English where you can (there is no need to use complicated language to sound legalistic!). Edit your work carefully before you submit it and remember to re-read it to check it makes sense for mistakes etc. It helps to read it out loud.
Respect for human rights is a major foundational principle that defines any liberal democracy across the world. It is premised on the fact that all citizens in a republic are equal before the law and therefore they are all entitled to equal protection of Human Rights[1]. There are various international legal instruments that advocate for respect and protection of human rights among countries and the United Kingdom is not an exemption. Liberal democratic countries have an obligation to implement the international human rights treaties to ensure they are in compliance with the respect of fundamental human rights. The European Convention on Human Rights which highlights various rights and freedom such as the right to fair trial, right not to be discriminated, the protection against torture. The respect of this fundamental rights and freedoms helps in defining politics of a country because they form a major ground for a democratic society[2]. As a result the United Kingdom has made tremendous achievement in coming up with various legal systems that aim at complying various international legal instruments on respect for human rights.
Development of human rights in the English legal system
In the year 1918, the English legal system had a major boost as far as human rights are concerned because the United Kingdom had a major constitutional achievement through universal suffrage. Most scholars noted that although citizens enjoyed various privileges, they did not have any specific entitlements that a person or government machinery could not interfere with[3]. They lived at the mercy of the Parliament which could determine the applicable laws and the rights to be accorded to the Citizens. The parliament was the main determinant of the rights and freedoms to apply to the people of the United Kingdom and it could restrain any right or privilege that had been previously extended to its citizens[4]. The government had fears that coming up with specific human rights would restricts the Parliament to legislate on certain matters that would enable the achievement of social or economic reforms in the United Kingdom. In the 20th century call for human liberties began to increase and various rights such as non-discrimination were advocated for throughout the country. Civil society organizations conducted a wide campaign on reforms in the legal system which resulted to the respect for human rights embedded in the European Convention and later led to the enactment of Human Rights Act in 1998[5].
The English Legal System on Human Rights
The English legal system is structured in a way that the various arms of government play different roles that are aimed at ensuring that individual rights are respected. Courts of law play a major role in ensuring protection of human rights and have set the jurisprudence on the extent to which human rights are respected. As it was seen in the case of Brooks v Commissioner of Police for the Metropolis [2005] UKHL 24[6] where the court of Appeal found that the police had violated various rights of the claimant and which will not be the case because it contradicts the law on human rights.
Among the major steps that the United Kingdom has taken to improve the English legal system on human rights was to enact the Human Rights Act that was passed in 1998. The act plays a fundamental role in regulating the functions of various officers of government like the police in their conduct duty. The act imposes a duty on all public authorities to respect the human rights as provided for in the European Convention of Human Rights because the United Kingdom is a signatory to the convention. When are the major strip that the act brought in respect to protection of human rights was to give the courts of law in the United Kingdom the power to overturn the decisions that are made by public authorities in the United Kingdom, divisions of which according to the views of the court are in breach of the Convention when it comes to matters of Human Rights. However it is worth to note that the act does not give the court the authority to overturn any legislation that is passed by Parliament. The act also provide for an option for any individual who is dissatisfied with the decision of the court on matters of violation of Human Rights to proceed to higher courts being the European Court of Human Rights. The court has jurisdiction to hear any matters of human rights that is reported from any member state.
Controversy around human rights
Controversies arise in determining on what constitutes to a human right and how breach of human rights is done. Different people and public authorities have different perceptions and interpretations of human rights and their roles in promoting the same. Criticisms were mainly advanced by the political class who raised several issues with the Human Rights Act which they felt that should not be applicable in the United Kingdom[7]. One of the latest developments is BREXIT which resulted to restriction of UK citizens to exercise free labour rights that they previously enjoyed under the European Union[8]. The controversies on the applicability of the human Rights Act together with the European Convention of Human Rights within the United Kingdom and generally the English legal system has not been resolved and it remains an open debate to various scholars. The critics argue the Human Rights Act majorly focuses on civil and political rights but does not give good attention to socio-economic rights. They therefore advocate for the enactment of social economic rights that will aim at promoting various socio-economic activities in the UK[9].
The supremacy provided for the UK Parliament put the implementation of human rights laws at risk because the parliament can come up with a law that contravene applicability of Human Rights Act and the European Convention. It is such risks that have resulted to the Conservatives to come up with a British Bill of Rights to replace the human rights law and the active applicability of the European Convention in the United Kingdom. The other challenge comes at any given point when the European Court of Human Rights makes a judgement that seems to attack the government or its officials. One other concern that human rights activists have raised is the decision by the United Kingdom to exit from the European Union through BREXIT[10]. The move is likely to affect migration of people and free movement of labour that were guaranteed under the European Union. The applicability of the European laws that aim to protect various rights also seized to apply in the United Kingdom upon successful exit from the Union[11].
The Human Rights Act 1998 and its Impact on the English legal system
The Human Rights Act was a clear reflection of various rights that had been provided for under the European Convention on human rights. The act sought to enact the particular rights and make them specifically the laws of the United Kingdom. The act was a major boost in the quest for protection of human rights and it opened a legal mechanism through which members of the public could sue public authorities whenever they violate citizens’ human rights. The Act also played a major role in protection of human rights through the judicial system where courts were vested with the authority to hear and determine matters involving violation of human rights and at the same time retaining the supremacy of Parliament in making laws[12].
Section 6(1) of the Act compels all public authorities to act with respect to the convention especially on matters pertaining to human rights that have been provided for under the European Convention on Human Rights. It gave Courts power to award damages for any person whose rights are violated by a public authority. Courts have the power to interpret the Act under section 3 to ensure that its applicability is in strict conformity with the European convention on human rights[13].
Impact of the Human Rights Act in enactment of other laws
Other than the Human Rights Act of 1998, the English legal system is also guided by various common laws and other statutes that expressly provide for protection of human rights. For instance, the Equality Act of 2010 prohibits any act of discrimination in public authorities. Such laws work hand in hand with the Human Rights Act because they all aim at ensuring that the principles of a democratic society are observed. The authority vested in courts immensely shaped the jurisprudence of the United Kingdom and subsequently strengthening the English legal system in the sense that court decisions have themselves become law[14]. For example defamation law has been improved to be in tandem with the freedom of speech that is protected under the convention. Further reforms have also been notable in the Mental Health Act 2007 which has incorporated the rights of patients who are under mental health treatment. Other court judgments resulting from the applicability of Human Rights Act resulted to the enactment of Protection of Freedoms Act 2012 and the Coroners and Justice Act of 2009[15].
The applicability of the Human Rights Act has also resulted to formation of a joint committee on human rights which ensures that legislative proposals that are made in Parliament do not infringe the already existing rights. Another body is the Equality and Human Rights Commission which is aimed at ensuring respect for human rights and non-discrimination for the citizens of the United Kingdom[16].
Conclusion
The enactment of the Human Rights Act was a major boost to the promotion of human rights activities and has immensely shaped the English legal system. The Act has resulted to the subsequent enactment of more legislations whose main objective is to ensure protection of human rights that are guaranteed under the laws.
Lola Smith
Birkbeck, University of London
07503614783
londonsway4@gmail.com
