English Legal System Essay Example | Topics and Well Written Essays - 1500 words

English Legal System - Essay Example These rights are classified as 1. Right to life 2. Prohibition of torture 3. Prohibition of slavery and forced labour 4. Right to liberty and security 5. Right to a fair trial 6.No punishment without law 7. Right to respect for private and family life 8.Freedom of thought, conscience and religion 9.Freedom of expression 10. Freedom of assembly and association 12.Right to marry 13.Prohibition of discrimination 14.Restrictions on political activity of alien's 15.Prohibition of abuse of rights 16.Limitation on use of restrictions on rights. The new Act has not altered the powers of the judiciary as against the legislature and executive but brought the English law on par with the other nations in the world who recognized and give prominence to the Human rights. By bringing this act into force the English law established that the government is to protect the Human rights of the individuals and there fore brought the actions of public sector, local government and social and health care departments within the ambit of the act. From the date its inception all the statues made are subject to the scrutiny of the Act. That is to say all the Acts and Rules shall comply the provision of the New Act. The human rights enumerated in the new act are not new to any democratic country. These rights are protected either directly or indirectly through some machinery. Similarly prior to this new act the United Kingdom too protecting these rights through European Court of Human Rights, since it is a member of the Council of Europe and the laws of European Court which guarantees the Human rights are binding on United kingdom. The new act brings into its ambit all the central, and local government authorities such as National Health Service, Inland Revenue and police. And the acts of the non-government bodies ranging up to private nursing homes and Telecommunications,. The act does not spare the action of the private individuals impinging the rights more specifically protecting the children, who are subjected to torture from their parents in the process of imposing the discipline. The act maintained the perfect balance by imposing the responsibilities too on the persons to maintain the peace on the principle of one's liberty should not jeopardize the rights of the others. Powers of the court under the act: 1. Power to scrutiny the administrative actions of the public authorities. Under the Act court have been vested with the power to scrutiny the administrative actions and to restrain such authorities from misuse and improper use of their administrative powers when they are violating by acting in contravention of the Human rights enumerated under the act. With this power the court can safeguard the individuals from the inhuman treatment, discrimination, Privacy to property etc. 2. The act does not give absolute powers to the courts. As the law of land which is known as the Constitution of such nation, is supreme in all respect the Act too considered the same and maintained pride of the legislature by not giving over riding powers to the courts in this Act on the enactments made by the legislature. The act allows the public authorities to implement the law made by the Parliament in spite that it is infringing the rights. But keeping