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When legislation is incompatible with the Human Rights Act 1998, the only option for the judge faced with the victim of a right's violation is to issue a 'declaration of incompatibility' under section 4 of the Act. This does not provide a remedy for Essay Example

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When legislation is incompatible with the Human Rights Act 1998, the only option for the judge faced with the victim of a right's violation is to issue a 'declaration of incompatibility' under section 4 of the Act. This does not provide a remedy for

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Acknowledging that the common values regarding the importance of individual rights or interests is informed by private law and public law without saying that private law is reduced based on articulation for individual rights. Rights are influenced by private law even without solely sourcing the core principles (Joseph, 2009, p 154). Univocal private law theories and other private law parts attempt to define the broader scope of corpus legal rules through referencing single ideas. The areas of interest include wealth maximization, rights, as well as other moral principle that cause inevitable failure in account for richness and complexity of legislation. Judges consider these incommensurable discourses as probable areas of shaping the legal doctrine such as the ideas of dignity, equal treatment, and liberty forming the integral determinant of human rights claims (McBride, 2009, p 164). The judicial administration department understands the incompatibility and compatibility of human rights through private law as a predetermined acceptance of rich private law tapestry that stands to diminish the reductionist interpretations conveniently confining the role of protecting individual rights (Arnold & Quénivet, 2008, p 124).Contracts of employment allow for values to play critical roles in establishing fabric for continued relationships. Within different levels of restrictions, there are approaches to worker freedom and employment contracts are governed under contracts of servitude. The declaration of incompatibility allows for workers to have a binding relationship with inextricable mastery of subservient elements. Workers should be protected from elements of harassment among other forms of belittling treatment which deny them respect and dignity in establishing autonomy as individuals. The approach considers labor to be a commodity. Similar examples of legislative relationships among citizens make it possible for human rights to detect the relevance attached to principles or values of dignity and liberty across liberal legal systems. The elements include the constitution and other details of private law that govern contracts, wrongs, family relations, and property rights (Schutter, 2010, p 454).Furthermore, public law observes fundamental rights as a regard of inalienable and mandatory components. Citizens are not

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References

Abiad, N. 2008. Sharia, Muslim States and International Human Rights Treaty Obligations: A Comparative Study. Cambridge: BIICL.

Arnold, R., Quénivet, N. N. R. 2008. International Humanitarian Law and Human Rights Law: Towards a New Merger in International Law. Cambridge: BRILL.

Beco, G. 2010. Non-judicial Mechanisms for the Implementation of Human Rights in European States. Cambridge: Groupe de Boeck.

Church, J., Schulze, C., Strydom, H. 2007. Human Rights from a Comparative and International Law Perspective. London: Unisa Press.

Emmerson, B., Macdonald, A., 2012. Human Rights and Criminal Justice. London: Sweet & Maxwell.

Fenwick, H., Phillipson, G. 2013. Text, Cases and Materials on Public Law and Human Rights. London: Routledge.

Hickman, T. 2010. Public Law After the Human Rights Act. London: Hart.

Joseph, R. 2009. Human Rights and the Unborn Child. Oxford: BRILL.

Loveland, I. 2012. Constitutional Law, Administrative Law, and Human Rights: A Critical Introduction. London: Oxford University Press.

McBride, J. 2009. Human Rights and Criminal Procedure: The Case Law of the European Court of Human Rights. Cambridge: Council of Europe.

Rainey, B. 2012. Human Rights Law Concentrate: Law Revision and Study Guide. Oxford: Oxford University Press.

Rehman, J., 2010. International Human Rights Law. Cambridge: Longman/Pearson.

Rehman, J., Breau, S. C. 2007. Religion, Human Rights and International Law: A Critical Examination of Islamic State Practices. Oxford: Martinus Nijhoff Publishers.

Rioux, M. H., Marks, L., Jones, M. Critical Perspectives on Human Rights and Disability Law. Oxford: Martinus Nijhoff Publishers, 2011

Schutter, O. 2010. International Human Rights Law: Cases, Materials, Commentary. London: Cambridge University Press.

Temperman, J. 2010. State-Religion Relationships and Human Rights Law: Towards a Right to Religiously Neutral Governance. Oxford: BRILL.

Weissbrodt, D. S., Vega, C. 2007. International Human Rights Law: An Introduction. Pennsylvania: University of Pennsylvania Press.

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preview essay on When legislation is incompatible with the Human Rights Act 1998, the only option for the judge faced with the victim of a right's violation is to issue a 'declaration of incompatibility' under section 4 of the Act. This does not provide a remedy for
  • Pages: 5 (1250 words)
  • Document Type: Essay
  • Subject: Law
  • Level: Ph.D.
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