scholarly journals The United Kingdom’s Human Rights Project in Constitutional and Comparative Perspective

2013 ◽  
Author(s):  
Roger Masterman ◽  
Ian Leigh
Keyword(s):  
Human Rights ◽  
Comparative Perspective ◽  
The Core ◽  
History Of ◽  
Human Rights Act ◽  
The Individual

This chapter briefly traces the history of the Human Rights Act, contextualising the academic and popular debates which have seen the long-term future of the Act placed in doubt. It introduces some of the core constitutional questions addressed in this volume, detailing the individual essaying and highlighting common themes.

17. Remedies and limitation

2018 ◽  
Author(s):  
Vera Bermingham ◽  
Carol Brennan
Keyword(s):  
Human Rights ◽  
Private Information ◽  
Committee Report ◽  
History Of ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
English Law ◽  
Developing Area ◽  
The Individual ◽  
The Right

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. The Calcutt Committee Report on Privacy and Related Matters (1990) defines privacy as ‘the right of the individual to be protected against intrusion into his personal life or affairs, or those of his family, by direct physical means or by publication of information’. While a number of different torts indirectly address wrongful intrusion into another’s privacy, English law has not directly protected privacy in its own right. It was the Human Rights Act 1998 that has made it possible to use breach of confidence in regulating the publication of private information. This chapter looks at the history of the protection of privacy in English law, discusses the current legal approaches to privacy, examines the impact of the Human Rights Act 1998 on this developing area of law, and evaluates English law on privacy in an international context.

16. Privacy and misuse of private information

2020 ◽  
pp. 387-408
Author(s):  
Carol Brennan ◽  
Vera Bermingham
Keyword(s):  
Human Rights ◽  
Private Information ◽  
Committee Report ◽  
History Of ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
English Law ◽  
Developing Area ◽  
The Individual ◽  
The Right

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. The Calcutt Committee Report on Privacy and Related Matters (1990) defined privacy as ‘the right of the individual to be protected against intrusion into his personal life or affairs, or those of his family, by direct physical means or by publication of information’. While a number of different torts indirectly address wrongful intrusion into another’s privacy, English law has not directly protected privacy in its own right. It was the Human Rights Act 1998 that has made it possible to use breach of confidence in regulating the publication of private information. This chapter looks at the history of the protection of privacy in English law, discusses the current legal approaches to privacy, examines the impact of the Human Rights Act 1998 on this developing area of law, and evaluates English law on privacy in an international context.

Disciplinary Uniformity in Uniform—A Success of the Human Rights Act 1998?

2008 ◽  
Vol 72 (2) ◽  
pp. 170-177 ◽  
Author(s):  
Chris Gale
Keyword(s):  
Human Rights ◽  
Armed Forces ◽  
World War ◽  
The Public ◽  
The First World War ◽  
History Of ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Military Discipline ◽  
First World

Apart from an awareness of shameful treatment to some shell-shocked soldiers on active duty in the First World War, the subjects of military discipline in general and courts-martial in particular are unlikely to permeate the consciousness of the public at large or, indeed, the vast majority of criminal lawyers. This article explores some of the history of both, the current position in relation to courts-martial and the planned reforms under the Armed Forces Act 2006. That the Human Rights Act 1998 exposed some of the anomalities and worst practices of courts-martial is undeniable. It seems equally likely that the 1998 Act was at least a catalyst for the wholesale review and modernisation of military discipline carried out by the 2006 Act.

ЦЕННОСТИ И СМЫСЛЫ НЕНАСИЛИЯ В ПОЛИТИЧЕСКОМ ПРОТЕСТЕ

2021 ◽  
Vol 15 (4) ◽  
pp. 58
Author(s):  
Л. Ю. Логунова ◽  
Е. А. Маженина
Keyword(s):  
Political Culture ◽  
New Left ◽  
Political Protest ◽  
Self Awareness ◽  
Sociological Study ◽  
The Core ◽  
Long Term Study ◽  
History Of ◽  
The Individual ◽  
Left Movement

The article presents the results of a long-term study of protest as a cultural phenomenon, the transformation of values, realized in the activities of the best people of the planet and their followers. These values have absorbed the experience of many generations and the behavior of people defending the rights of an individual to dignity, equality before the law, fair attitude, freedom of thought. In the history of the development of political thought, values have formed that constitute the core of civil culture. The genesis of the birth of the nucleus of civil culture from the thinkers of Antiquity, ideologists of nonviolent resistance, leaders of the French bourgeois revolution, activists of the “new left” movement to the protests of our time is shown. The basis for updating the protection of these values is the socio-political situation, characterized by the divergence of interests of civil society and ruling political groups. The values of the core of civil culture (freedom of speech, freedom of conscience, freedom of assembly, human rights) acquire an acute urgency in situations of power crisis. This is the time of the birth of new values that will mobilize new generations of protesters. Protest, as an act of protecting the values of the individual, is a measure of the level of development of political culture in the state. The protest — it's not just a mass exit of dissent on the area. This is an indicator of the level of self-awareness of citizens and the development of the political culture of society. The symbols of political protest actions are a special text that expresses the meanings of values. The authors present the results of a sociological study, which used comparative, value-semantic, interpretive approaches, studied the meanings and values of political protests of the 20th — early 19th centuries, analyzed visual and publicistic evidence of protest actions: photo and video materials, publications in the press.

scholarly journals Comets (Existing Populations)

1994 ◽  
Vol 160 ◽  
pp. 77-94
Author(s):  
Ľ. Kresák
Keyword(s):  
Kuiper Belt ◽  
Dynamical Evolution ◽  
Oort Cloud ◽  
Survival Times ◽  
Evolutionary Time ◽  
Origin And Evolution ◽  
History Of ◽  
The Individual ◽  
Evolutionary Paths

The definition, population, extent, origin and evolution of the individual subsystems of comets and transitions between them are discussed, together with presentation of the relevant statistical data and their changes with time. The largest outer subsystems are unobservable, but their existence is documented by the necessity of progressive replenishment of the observable populations, with limited survival times. There is persuasive evidence for two different evolutionary paths, one from the Oort cloud and another from the Kuiper belt. While the extent and accuracy of the data available is increasing rapidly, the Jupiter family of comets is the only one for which the evolutionary time scales do not exceed by many orders of magnitude the history of astronomical observations. The individual comet populations differ from one another not only by the distribution of orbits, but also by the size distribution and aging rate of their members. Their dynamical evolution is coupled with disintegration processes, which make it questionable whether the present state can be interpreted as a long-term average.

scholarly journals THE IMPLEMENTATION OF INDONESIA’S PUBLIC POLICY TO IMMIGRATION SELECTIVE POLICY BASED ON LAW NO. 6 OF 2011

2018 ◽  
Vol 1 (2) ◽  
pp. 169-178
Author(s):  
Muhammad Azzam Alfarizi
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Service Needs ◽  
Human Beings ◽  
The Third ◽  
The Core ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Service Standards

The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: "Just and Civilized Humanity". Human rights are manifestations of the third principle, namely: "Indonesian Unity". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: "Democracy Led by Wisdom in Consultation / Representation". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: "Social Justice for All Indonesian People" PASTI Values ​​which are the core values ​​of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values ​​are in line with the values ​​contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration.  

scholarly journals Intellectual Dimensions of Madīnian Polity and its Implication for Islamic Governance: Lessons from the Early History of Islam

2021 ◽  
Author(s):  
Senad Mrahorović
Keyword(s):  
Early History ◽  
Islamic State ◽  
Practical Application ◽  
Specific Kind ◽  
The Core ◽  
Principal Source ◽  
History Of ◽  
Islamic Faith ◽  
The Individual ◽  
Unity Of God

The very first verse revealed to the Prophet of Islam ﷺ, namely ﴾ Read in the name of your Lord ﴿ implied the concept of knowledge that corresponds with the intellectual attestation of the first article of Islamic faith, that is, the belief in the unity of God, which for its part requires a specific kind of knowledge related to the Divine. With the same token, the Revelation continued to provide the Prophet ﷺ with the intellectual and spiritual insights that he ﷺ perfectly transformed into the nucleus based on which the first Islamic state known as the Madīnian polity was firmly established. Hence, in this paper, the analysis will cover the intellectual dimensions of the Madīnian polity portrayed here in three essential aspects: the revelation as the principal source of knowledge, the affirmation as the intellectual and practical application of knowledge, and the manifestation as the individual and communal reflection of knowledge. I will argue that the said aspects as they were displayed in the Madīnian polity are the core factors that underpin the Islamic governance as such.

The Core UN Human Rights Treaty Systems

2019 ◽  
pp. 95-128
Author(s):  
Steven Wheatley
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Scientific Knowledge ◽  
The Core ◽  
Ordinary Meaning ◽  
System P ◽  
Human Rights Treaties ◽  
The Law ◽  
The Individual ◽  
Work First

Chapter 4 examines the core United Nations human rights treaties. It shows how we can think of these as complex systems, the result of the interactions of the states parties and the treaty bodies. The work first explains the regime on opposability and denunciation, which establishes the binding nature of the conventions, before considering the law on reservations, noting how this differs from the scheme under general international law. The chapter then turns to the interpretation of convention rights, detailing the distinctive pro homine (‘in favour of the individual’) approach applied to human rights treaties. The law on interpretation also requires that we examine the subsequent practice of states parties, as well as the pronouncements of the treaty bodies. The doctrine of evolutionary interpretation explains how the ‘ordinary meaning’ of treaty terms can evolve with developments in technical and scientific knowledge, changes in societal understandings, and wider modifications in regulatory approaches outside of the human rights treaty system.

A history of the altruism–morality debate in biology

Behaviour ◽  
2014 ◽  
Vol 151 (2-3) ◽  
pp. 147-165 ◽  
Author(s):  
Oren Harman
Keyword(s):  
Levels Of Selection ◽  
Chronological Order ◽  
The Core ◽  
Historical Figures ◽  
History Of ◽  
The Individual ◽  
Core Issues

Many different histories of the altruism–morality debate in biology are possible. Here, I offer one such history, based on the juxtaposition of four pairs of historical figures who have played a central role in the debate. Arranged in chronological order, the four dyads — Huxley and Kropotkin, Fisher and Emerson, Wynne-Edwards and Williams, and Hamilton and Price — help us grasp the core issues that have framed and defined the debate ever since Darwin: the natural origins of morality, the individual versus collective approach, the levels of selection debate, and the Is–Ought distinction. Looking forward, the continued relevance of the core issues is discussed.

scholarly journals LORD DENNING, MAGNA CARTA AND MAGNANIMITY

2015 ◽  
Vol 27 ◽  
pp. 106-129 ◽  
Author(s):  
Simon Lee
Keyword(s):  
Human Rights ◽  
Home Office ◽  
Holy Grail ◽  
Magna Carta ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Appeal Decision ◽  
The Times ◽  
The Individual ◽  
Court Of Appeal

Lord Denning’s assessment of Magna Carta at its 750th anniversary has stood the test of half a century: “the greatest constitutional document of all times—the foundation of the freedom of the individual against the arbitrary authority of the despot”. His longer, but still succinct, article for The Times for the same anniversary has not been bettered. Yet at the time of Magna Carta’s 800th anniversary we have lost sight of two other works of Lord Denning which could make a distinctive contribution to our current constitutional debates. Whereas Lord Neuberger has linked the real Magna Carta to the fictitious Holy Grail in an entertaining lecture on law and myth, for legal scholars the Holy Grail is a long lost text or case. An earlier essay identified the links between the opening clause of Magna Carta 1215 and s 13 of the Human Rights Act 1998 as worthy of rediscovery. This article presents two further candidates: a neglected lecture on Borrowing from Scotland by Lord Denning in 1961 and a neglected Court of Appeal decision in 1975 applying Magna Carta, in which Lord Denning presided as Master of the Rolls, R v Secretary of State for the Home Office, ex p Phansopkar.[6Between them, they can offer refreshing insights into contemporary constitutional controversies.  

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