Human Rights

JUDICIAL INDEPENDENCE AND THE PROTECTION OF HUMAN RIGHTS Dicey did non take 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 functions honors to form offend of the virtue. The Unive sal Decla ation of charitable Rights links the shield of human rights with the chemical formula of law: a modern democratic society would find it unacceptable for a totalitarian state to assert that it observed the regain 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 reckon 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 expressed in civic society is through wit h(predicate) law. Without the law to tip over them tangible expression, rights become nothing more than aspirations. Law is, as Spinoza said, the mathematics of freedom.

As legal freedom is intact to the rule of law, which is a necessary presupposition for the protection of individual rights, it follows that juridic independence is integral to the assertion of human rights. Without an independent Judiciary, it is unrealistic to imagine citizens having tangible human rights sure-footed of being asserted against the state. As former Chief Justice Gleeson observed, the independence of judicial offic ers is a right of the citizens over whom t! hey 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 external Covenant on Civil and semipolitical Rights both take an independent and...If you want to get a full essay, hunting lodge it on our website: OrderCustomPaper.com

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