LAW COURSEWORK

Law Coursework

Law Study

Task 1

The issue that confronts us is not how to take rights out of politics but how to enable all to participate equally in politics - and society as a whole - by ensuring that everyone can fulfil their potential through the guarantee of certain fundamental rights; some of which inevitably tread on other people's freedoms, of course. This is the whole point of bills of rights; in particular, to protect individuals and minorities whose views and aspirations are not necessarily represented by a system based on majority rule. Human rights issues are taking on new focus in the new millennium. Economic and socialrights are a paramount concern as the link between adequate and inadequate livingstandards. Governmental and non-governmental organizations are realizing that somecountries take precedent over other countries when it comes to human rights. In the newmillennium, cases that violate human rights are being taken more serious than everbefore. International prosecution against individuals and corporations will take place ifhuman rights charges are brought against them. Human rights have been an issue in theinternational community since the beginning of time. Many bills and declarations havebeen written to distinguish what rights humans have by nature and what constitutes ahuman rights violation. The Bill of Rights in America, English Magna Carta of England,and the French Declaration of Man of France all set forth what human rights each citizenhas in their respective country (Slomanson, page 494). Human rights have and willcontinue to be a serious issue and concern of the international community. Poverty,rights of women and children, and corporate and military involvement are only some of theissues that human rights involves.

Any bill of rights worthy of the name, whilst protecting everyone's liberties, gives most succour to the marginalised and unpopular - or controversial causes and questions - precisely because these are the people and issues with least protection from other legislation and policy. When this happens, you will never eradicate negative headlines - they can still dog the Canadian Charter of Rights and Freedoms, more than 25 years after it was enacted. A game in which scoring points is the whole point, and backing your side against the other team is the whole pleasure. Point scoring in the current debate about a new bill of rights and the Human Rights Act (HRA) is evident, although sometimes the race seems to be to the bottom rather than the top (of the division). The irony is that whilst giving an appearance of being two opposing teams, the two main political parties have at times seemed strikingly close on this issue.

Both have resented the sometimes significant incursions on state power brought about by the HRA. Both have stated that their reason for supporting a bill of rights is to underline the responsibilities of the individual and the importance of 'good behaviour'. It is the Liberal Democrat frontbenchers, the long time supporters of a bill of rights, who have been expressing the greatest reservations about the way the current debate is ...