Tuesday, June 18, 2019
While historically the courts have sought to carry out the will of Essay
While historically the courts have sought to carry bug pop the bequeath of Parliament, in the field of human rights Parliament will carry out the will of the courts (Lord Borrie). Discuss - Essay ExampleThere is asymmetry and inequality can be seen in the relations of public law, that is the rights of the individuals are decided by the government bodies both local and central. However, as per the law of doctrine the authorities too need to spell within the boundaries of law. It is the governments duty as well to obey and respect the law. For example a general public, who is unhappy with each decision of the government authority, can seek juridical review. Apart from judicial review general public can challenge the legality of decision make by the government bodies through two other methods. Those are complaints procedures and ombudsman schemes.In this essay the discussion will revolve around the Parliament and the human rights. The main base of the discussion is upon the fam ous statement made by Lord Borrie, which says that ...while historically the courts have sought to carry out the will of Parliament, in the field of human rights Parliament will carry out the will of the courts. With this statement Lord Borrie tried to say that though Parliament is the supreme law-making body in the country, it also can legislate on any kind of subject matter (Elliot & Thomas, 2011). The carry out of legislation is solely on the grounds of human rights. The statement also says that like how the court carries out the will of Parliament that is the law made by the Parliament, the Parliament also has to carry out the order of the court is there is any. There is no swayer that no Parliament can get restricted by the predecessor or can restrict the power of future parliament. Though there is endure no one, including the court of law, has the right to question the Act of Parliament there are certain constraints that need to be followed so that Parliament also act within the boundaries of law. This act comes under the parliament sovereignty. However, the exercising of unauthorized and oppressive power can be tried under the constitutional
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