Synodical Government and the Legislative Process

2011 ◽  
Vol 14 (1) ◽  
pp. 43-81
Author(s):  
Stephen Slack
Keyword(s):  
Human Rights ◽  
Church Of England ◽  
General Pattern ◽  
Legislative Process ◽  
Legal Provision ◽  
Human Rights Act ◽  
Legislative Activity ◽  
The Impact ◽  
The Church

This article reviews the exercise of the legislative function of the General Synod of the Church of England over the last 25 years. Beginning with a summary of the principles of synodical government in the Church of England, it goes on to describe the establishment of the Synod, its composition and its functions. The different forms of legal provision available to the Synod in exercise of its legislative function are then considered, followed by an account of the impact of the Human Rights Act, the procedures applicable to the conduct of legislative business and the role of Parliament in the legislative process. After an assessment of the general pattern of synodical legislation over the last 25 years, the main areas of legislative change during that period are reviewed. The article ends with an assessment of possible areas for future legislative activity.

The Impact of the Human Rights Act on Advocacy

2013 ◽  
Author(s):  
Rabinder Singh
Keyword(s):  
Human Rights ◽  
International Law ◽  
Judicial Review ◽  
Third Party ◽  
Human Rights Act ◽  
The Impact

This chapter reflects on the impact of the Human Rights Act (HRA) in its first 10 years on litigation and, in particular, on advocacy. It suggests that the impact has been important but not revolutionary: the HRA has fitted into the existing legal landscape and has not required radical changes to the rules on procedure and evidence. It examines four areas in which its impact can be felt: the nature of the evidence required in human rights cases; disclosure and candour in judicial review proceedings; the increased need for cross-examination of witnesses; and the role of third-party interveners because human rights cases tend to raise issues of importance to the wider public. Finally, it examines the increasing importance of international law in domestic cases, which can be attributed in part to the impact of the HRA.

The right to healthcare

2020 ◽  
pp. 195-208
Author(s):  
Ann Marie Gray
Keyword(s):  
Human Rights ◽  
Social Care ◽  
Health And Social Care ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
The Right ◽  
The Impact ◽  
The Relationship

This chapter explores the relationship between human rights and health and social care. It begins by setting out the main international mechanisms, at UN, EU and ECHR levels, and the obligations they place on governments. It then discusses the impact of international and domestic human rights instruments through an examination of developments in social care policy, and with regard to reproductive health care rights in Northern Ireland. It also highlights issues relating to devolution and the implementation of human rights in the UK and in particular the role of the Human Rights Act (1998).

scholarly journals Rola polskiego parlamentu w systemie organów wdrażających wyroki Europejskiego Trybunału Praw Człowieka

2020 ◽  
Vol 5(160) ◽  
pp. 9-34
Author(s):  
Katarzyna Grzelak-Bach ◽  
Karol Karski
Keyword(s):  
Human Rights ◽  
Ad Hoc ◽  
Legislative Process ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Republic ◽  
Council Of Ministers ◽  
The Impact ◽  
Law Making

The study presents selected issues related to the role of the national parliament in the implementation and execution of judgments of the European Court of Human Rights (ECHR). It presents the specificity of the national law-making process as a system of ad hoc legislation, which to a small extent is a response to international obligations in the field of human rights.The study also attempts to examine the impact of the case law of the ECHR on the national legal system by analyzing the subsequent stages of the legislative process. It emphasizes the role of the Committee of Ministers of the Council of Europe, whose task is to ensure that states do not overlook — by their actions or omissions — the effects of judgments. The study attempts to assess the degree of sensitisation and the increase of awareness regarding the significance of the standards of the Convention for the Protection of Human Rights and Fundamental Freedoms (Convention) in the national institutions and executive and legislative authorities that actively cooperate with each other. The implementation of the guidelines of correct legislation in the context of human rights is an activity of entities involved in the law-making process which, taking into account the standards of national and international law, shape in a specific manner the situation of individuals as well as of all entities. Parliaments can hold the executive authorities accountable for the execution of obligations by means of various instruments, and thus many legal issues that were the subject of the judgments of the ECHR had significant impact on the legislative process and the undertaking of respective legislative actions towards bringing Polish legislation closer to the standards of the Convention. The Sejm (the Polish Lower House) and the Senate bear enormous responsibility for the quality of the adopted law; at the parliamentary stage the role of the Council of Ministers of the Republic of Poland becomes less leading, but not excluded. This is what determines the unique role of the dialogue between the executive and legislative authorities, which should finalize the vision of the legal regulations closer to human rights in a constructive manner.

The Impact for the Church of England of the Human Rights Act 1998

2000 ◽  
Vol 5 (27) ◽  
pp. 431-439 ◽  
Author(s):  
Mark Hill
Keyword(s):  
Human Rights ◽  
Church Of England ◽  
European Convention ◽  
The United Kingdom ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Government ◽  
The Impact ◽  
Domestic Law

Though the first nation state of the Council of Europe to ratify the European Convention on Human Rights on 18th March 1951, and though permitting individual petition to the European Court in Strasbourg since 1966, the United Kingdom declined to give effect to the Convention in its domestic law until the government recently passed the Human Rights Act 1998. The Act received the Royal Assent in November 1998 and will come into force on 2nd October 2000.

3. Negligence—Introduction

2017 ◽  
Author(s):  
Mark Lunney ◽  
Donal Nolan ◽  
Ken Oliphant
Keyword(s):  
Human Rights ◽  
Duty Of Care ◽  
General Duty ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
Negligence Law ◽  
The Impact

This chapter introduces the tort of negligence. It first discusses the formulation of a general duty of care, highlighting the case of Donoghue v Stevenson, which established the pre-eminent role of the ‘duty of care’ concept in the tort of negligence. The chapter then turns to the role of the duty of care concept in modern negligence law, before considering the impact of the Human Rights Act 1998 on the law of negligence.

Clergy

2018 ◽  
Author(s):  
Mark Hill QC
Keyword(s):  
Employment Status ◽  
Church Of England ◽  
The Status ◽  
The Right ◽  
The Church ◽  
And Training

This chapter focuses on the clergy of the Church of England. It first explains the process of selection and training for deacons and priests, along with their ordination, functions, and duties. It then considers the status and responsibilities of incumbents, patronage, and presentation of a cleric to a benefice, and suspension of presentation. It also examines the institution, collation, and induction of a presentee as well as unbeneficed clergy such as assistant curates and priests-in-charge of parishes, the authority of priests to officiate under the Extra-Parochial Ministry Measure, the right of priests to hold office under Common Tenure, and the role of visitations in maintaining the discipline of the Church. The chapter concludes with a discussion of clergy retirement and removal, employment status of clergy, vacation of benefices, group and team ministries, and other church appointments including rural or area deans, archdeacons, diocesan bishops, suffragan bishops, and archbishops.

Introduction

2018 ◽  
Author(s):  
Allan Hepburn
Keyword(s):  
Human Rights ◽  
Church Of England ◽  
Freedom Of Expression ◽  
Roman Catholicism ◽  
Freedom Of Conscience ◽  
Oxford Movement ◽  
The Right To Privacy ◽  
The Right ◽  
Race And Religion ◽  
The Church

In the 1940s and 1950s, Britain was relatively uniform in terms of race and religion. The majority of Britons adhered to the Church of England, although Anglo-Catholic leanings—the last gasp of the Oxford Movement—prompted some people to convert to Roman Catholicism. Although the secularization thesis has had a tenacious grip on twentieth-century literary studies, it does not account for the flare-up of interest in religion in mid-century Britain. The ecumenical movement, which began in the 1930s in Europe, went into suspension during the war, and returned with vigour after 1945, advocated international collaboration among Christian denominations and consequently overlapped with the promotion of human rights, especially the defence of freedom of worship, the right to privacy, freedom of conscience, and freedom of expression.

A National Treasure? The Role of Civil Society in Promoting and Enforcing Human Rights in the United Kingdom

2020 ◽  
Author(s):  
Harriet Samuels
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Civil Society ◽  
Negative Attitude ◽  
Civil Society Organizations ◽  
Economic Rights ◽  
The United Kingdom ◽  
The Impact ◽  
Social And Economic Rights

Abstract The article investigates the negative attitude towards civil society over the last decade in the United Kingdom and the repercussions for human rights. It considers this in the context of the United Kingdom government’s implementation of the policy of austerity. It reflects on the various policy and legal changes, and the impact on the campaigning and advocacy work of civil society organizations, particularly those that work on social and economic rights.

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