‘The Hra 1998 Is Being Used For Purposes Not Orig

The HRA 1998 is being used for purposes non originally intended by its proponents. Discuss. bounteous male rights atomic number 18 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 incorporation 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,[1] Waite CJ delivering the opinion of the sovereign Court expose: The right of the people peaceably to assemble for lawful purposes, with the fiscal obligation on the part of the States to afford its protection, existed long forwards the toleration of the Constitution. In Samath a State of Andhra Pradesh,[2] the Indian Supreme Court said that: All human rights are derived from the self-worth of the person and his inh erent worth. Similarly, in Ireland, in the case of Finn v Attorney General,[3] 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 fancy to protect them.

Last but not least, in Higgs v Minister of National Security,[4] Lord Cooke of Thorndon when delivering his dissent on the tush 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 instead the n created by international human rights inst! ruments such as the Universal Declaration of homophile 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 boundary 17(1). A duty of governments and courts in every civilised occupy must be to exercise vigilance to guard...If you want to make it a penny a full essay, order it on our website: OrderCustomPaper.com

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