The HRA 1998 is being used for purposes non originally intended by its proponents. Discuss. swelled male rights ar not conferred by statute or the common law or indeed any Constitution. They are inherent in every human being. And courts from several legal power recognise this. For example, in the United States, even after the internalisation of the Bill Of Rights into the Constitution, there are judicial remarks that indicate that these guaranteed rights pre-existed the Constitution. Thus, in the United States v Cruickshank, Waite CJ delivering the opinion of the sovereign Court disclose: The right of the people peaceably to assemble for lawful purposes, with the pecuniary obligation on the part of the States to afford its protection, existed long originally the toleration of the Constitution. In Samath a State of Andhra Pradesh, the Indian Supreme Court said that: All human rights are derived from the self-worth of the person and his inherent worth. Similarly, in Ireland, in the case of Finn v Attorney General, Barrington J said : It is arguable that these rights derive not from a mans citizenship but from his nature as a human being. The State does not create these rights, it recognises them, and figure to protect them.
Last but not least, in Higgs v Minister of National Security, Lord Cooke of Thorndon when delivering his dissent on the ass Council said: Self-evidently every human being has a natural right not to be subjected to inhuman treatment. A right inherent in the concept of civilisation, it is recognised rather then creat ed by international human rights instruments! such as the Universal Declaration of tender Rights, the International Covenant on Civil and Political Rights, and the European Convention for the Protection of Human Rights and Fundamental Freedom. In the Constitution of the Bahamas it is found in bound 17(1). A duty of governments and courts in every civilised subscribe must be to exercise vigilance to guard...If you want to give a penny a full essay, order it on our website: OrderCustomPaper.com
If you want to get a full essay, visit our page: write my paper