LS1537 United Kingdom Constitutional Law

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LS1537 United Kingdom Constitutional Law

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LS1537 United Kingdom Constitutional Law

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Course Code: LS1537
University: University Of Aberdeen

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Country: United Kingdom

Question: 
As a participant, you are expected to give a detailed analysis of how key constitutional principles and provisions have protected your freedoms. you are therefore required to identify your freedoms, the various constitutional principles designed to protect them and then give a detailed analysis of how these freedom of yours as British citizen are being protected. your analysis should also be able to show how such constitutional principles are limited in protecting your freedoms as a British citizen.
Answer: 
Rights and Freedom Under United Kingdom Constitutions 

Introduction
In the 15th century, United Kingdom faced a lot of challenges of mistreatment of people as their basic rights and freedom was denied. As a result of this, the government and other stakeholders stabled common law known as the English Bill of Rights 1689 in England and Scottish Claims of Rights Act 1689. This Acts helps in restoring and reduction of mistreatment of humankind. Later, it led to the established of the now Human Rights in the United Kingdom of 1998 which is currently protecting the rights of a citizen of British (Pratt, 2016.). The essay will discuss, several freedom and rights provided by the British Constitution, how several constitutional provisions have protected individual rights in the United Kingdom, and later will discuss the extent to which the constitutional provision protects individual rights in the United Kingdom.  
Rights and freedom enjoyed by British citizens, their provision
Several rights and freedom have been provided by the United Kingdom Constitution that has helped the British citizen to live in peace and in harmony. These freedoms include and are not limited to the following.
The sovereignty of the Parliament
In the United Kingdom, the parliament is the most powerful body according to the UK Constitution. It is the supreme legal authority which is mandated by the constitution of the land to make or amend any law. The United Kingdom constitution allows its citizen to actively take part in the political process like voting so as to enable them to vote their representatives in the parliament (Campbell, 2017). Through voting them for representation in the parliament. In parliament, bills and laws are passed through the process of voting. The decision arrived after voting cannot be changed by any other body except the parliament which is elected by the people of United Kingdom. The parliament through their supremacy exercises the freedom of the citizen indirectly. This means that the decision of the parliament is the decision of the people and therefore, it should be respected and not changed by any other body except the parliament itself. Parliament on behave of the people who voted them repeals any law either from the judiciary, executive or any other mandated body (Spano, 2014).
The constitutional provision for parliamentary supremacy
The United Kingdom sovereignty of the parliament is provided in the following provisions in the constitution. First, the constitution recognizes that the parliament is the only supreme body mandated to make and enact laws in the UK. Second, according to the constitution, no one, institution or even body that can question any Act of Parliament. Lastly, parliament is legally allowed to enacts any laws that it members who represent the people in the parliament chooses (Maddex, 2014).
Limitation of this freedom
The parliament is not allowed to enact any Act or even laws that bind its successor. Their powers to this area are limited. Also, the Human Rights Act 1998 gave judiciary political powers to challenge the parliament decisions (Pratt, 2016).  
The Human Rights Act
It is an Act of the United Kingdom which aimed at incorporating the Human rights laws in the UK laws which are found in the European Convention on Human Rights. In this Human Rights Act, British citizens have been given several rights that are protected in this Act (Kavanagh, 2015). These rights include freedom of expression, liberty, right to life, freedom to equality and equal treatment before the law, freedom of association among other freedoms and rights. In case these individual rights are violated, the victims are allowed to seek justice in courts for the perpetrators to be judged if found guilty (Dzehtsiarou, et al, 2015).
The constitutional provision for the Human Rights Act
This Human Rights Act is protected in several constitutional provisions. First, it is protected by the Europeans Convention of Human Right which enacted these rights. Secondly is that the UK constitution adopted and incorporated the Europeans Convention of Human Rights Act. As a result of this, British citizen can, therefore, seek justice from the EU court in case of violation of their freedom and rights by the government (Harris, et al, 2014).
Limitation of the Human Rights Act constitutional provision
The Human Rights Act is generally provided to all people in the UK but it is limited when its intention is to change government plans and policies which are beneficial to the government. When this happens, it no longer remains to be human rights but an enemy of United Kingdom progress (Donnelly and Whelan, 2017).
Conclusion:
In conclusion, therefore, people naturally require their rights and freedom to be protected by the law that governs them. The government in returns ought to ensure that these rights and freedom are implemented and protected so as to ensure peaceful living that results to State and individual economic and social development. Also, British citizens need to understand their rights and also the extent to which their rights are provided.
References:
Campbell, D., 2017. Marbury v. Madison in the UK: Brexit and the Creation of Judicial Supremacy. Cardozo L. Rev., 39, p.921.
Donnelly, J. and Whelan, D.J., 2017. International human rights. Hachette UK.
Dzehtsiarou, K., Lock, T., Johnson, P., de Londras, F., Greene, A. and Bates, E., 2015. The legal implications of a repeal of the Human Rights Act 1998 and withdrawal from the European Convention on Human Rights.
Harris, D.J., O’Boyle, M., Bates, E. and Buckley, C., 2014. Harris, O’Boyle & Warbrick: Law of the European convention on human rights. Oxford University Press, USA.
Kavanagh, A., 2015. What’s so weak about “weak-form review”? The case of the UK Human Rights Act 1998. International Journal of Constitutional Law, 13(4), pp.1008-1039.
Maddex, R.L., 2014. Constitutions of the World. Routledge.
Pratt, J., 2016. Risk control, rights and legitimacy in the limited liability state. British journal of criminology, 57(6), pp.1322-1339.
Spano, R., 2014. Universality or diversity of human rights? Strasbourg in the age of subsidiarity. Human Rights Law Review, 14(3), pp.487-502.

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