Thursday, September 12, 2019

While historically the courts have sought to carry out the will of Essay

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 (Lord Borrie). Discuss - Essay Example There 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 act within the boundaries of law. It is the government’s duty as well to obey and respect the law. For example a general public, who is unhappy with any decision of the government authority, can seek judicial review. Apart from judicial review general public can challenge the legality of decision made 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 famous 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 rule that no Parliament can get restricted by the predecessor or can restrict the power of future parliament. Though there is rule 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

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.