Human Rights

JUDICIAL INDEPENDENCE AND THE PROTECTION OF HUMAN RIGHTS Dicey did non study the need to refer to a Bill of Rights, albeit, the innovation of Magna Carta. But, doubtless, as commentators have observed Dicey may be taken to have expected man matures honors to form offend of the fairness. The Unive sal Decla ation of mankind Rights links the shield of human rights with the chemical formula of law: a modern democratic society would find it unimaginable for a totalitarian state to assert that it observed the regulating of law. However, again, as Lord Bingham observed there is no universal consensus on the rights and freedoms which are fundamental, even among civilised nations. r r To talk about rights is, inevitably, to talk about law. Rights theorize a mannequin of demands which constrain and direct the manner in which pound may be exercised. The only way in which demands on the exercise of force can be explicit in civic society is through with(predicate) law. Without the law to gift them tangible expression, rights become nothing more than aspirations. Law is, as Spinoza said, the mathematics of freedom.

As legal freedom is integral to the rule of law, which is a necessary presupposition for the protection of individual rights, it follows that discriminative independence is integral to the assertion of human rights. Without an independent Judiciary, it is unattainable to imagine citizens having tangible human rights sure-footed of being asserted against the state. As former Chief Justice Gleeson observed, the independence of jud icial officers is a right of the citizens ! over whom they exercise concur. 6Judicial independence in that sense, is itself a human right, insofar as it is the human right which presupposes the unfettered enjoyment of all others. It is for this cause that oblige 10 of the Universal Declaration of Human Rights and Article 14 of the internationalist Covenant on Civil and semipolitical Rights both crave an independent and...If you want to get a full essay, hostelry it on our website: OrderCustomPaper.com

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