Question: The Human Rights Act 1998 Year 1, LLB.
Answer: Until the passing of the Human Rights Act (HRA) in 1998, the state of civil liberties and human rights in the UK were precarious and disorderly. Citizens did not have rights guaranteed by the constitution, but they had liberties in which they could do anything that the law did not forbid: a Diceyan concept in which judges would prevent governments taking actions for which they did not have legal power, as in Entick v Carrington. Even so, this was not true in Malone v MPC where the court held that police could take action against a person simply because there was no law to say they could not. While citizens enjoyed a reasonable tolerance of individual behaviour through this, there were serious gaps, and the tolerance itself as it was not protected by formal provisions, was fragile especially in times of crises. In these times, the law sought to protect certain values such as the maintenan...(short extract)
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- Subject: Law
- Course: Human Rights Law
- Level: Degree
- Year: 1st
- Mark: 70%
- Words: 1899
- Date submitted: June 17, 2013
- Date written: Not available
- References: Yes
- Document type: Essay*
- Essay ID: 4867
