BRITISH LAWS Fundamental rights Individual Freedom and their protection.

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Presentation transcript:

BRITISH LAWS Fundamental rights Individual Freedom and their protection

Every citizen is able to exercise the fundamental liberties provided he respects the laws Everybody is free in his space and the authority has to abstain to invade private space

The UK has not got a document were all rights are recorded but you can infer them from cases about rights and individual freedom Fundamental examples where the citizen can refer to 1. Rule of law 2. Habeas Corpus

Rights and documents 1.Right of the individual’s freedom 2.Right of property 3.Freedom of expression 4.Freedom of meeting 5.Freedom of association Magna Charta Libertatum Bill of Rights 1689 Protection of the fundamental rights

Freedom of demonstration 1.Censorship is banned 2.News are limited:  State Secrets  Obscene acts  Racial hate 3.Information has a tradition of:  Freedom  Indipendence from politics 1.Quality and impartiality of TV 2.Capacity of survey of the press 1.Quality and impartiality of TV 2.Capacity of survey of the press Control of power

Negative aspects of the UK system The Legislative power does not guarantee a total protection in the citizen the most recent rights (social rights, State intrusion into privacy) No law is considered superior to another one The law can be amended Great Britain feels the need to introduce a new Bill of Rights Great Britain feels the need to introduce a new Bill of Rights

UK Common Law European Conventions on Human Rights of 1950/51 1.Abolition of corporal penalty at school 2.Interpretation of UK Common Law on the negative aspects of UK System

Human Rights Act 1998 It is the official union between UK Common Law and European Conventions: 1.Protection on Human Rights in UK 2.Prohibition to act against European Convention (Incompatibility of the Common Law) 3.Citizen have a right to a compensation when there are “Incompatibility cases” Constitutional validity Application

Application of Human Rights Act 1998 Human Rights on the foreign people after 11 September 2001 of Anti – Terrorism Act (2000) Detention of inmate for indeterminate time

Constitutional Reform Act 2005 Institution of High Court on the debate of “Incompatibility”:  Power of Judge to save the Constitutional Validity The importance of UK Parliament as representation of England Freedom do not let up