The current question is going to critically analyze the balance of English law strikes among the power of the state

Question 1 Essay Question

The current question is going to critically analyze the balance of English law strikes among the power of the state and individual liberties in particular contexts like Police powers and National security. In the UK constitutional system, it is also assumed that such political branches of the Government need to play the leading role in the resolution of disputes regarding the scope as well as the substance of “individual rights”. The protection of individual rights is now visible in the forming part of the “Mission Statement” as the judicial branch of the UK government. The human rights or individual liberty cases now build up an element of the caseload of the UK superior court. The current studys purpose is also to analyze everyday policing in the streets of the UK in ensuring peace and bringing justice.

English law strikes an appropriate balance between the power of the State and individual liberties in the context of Police powers

The right to liberty is protected under Article 5 of the “European convention on human rights” ECHR which also impacts the UK through the human right act of 1998. It also prevents people from being detained in such circumstances by police. The power of police considers such lawful arrest while article 5 also approaches police to do for the person who is arrested which indicates that it is required to be told the reason for being detained, it should be brought before a prompt judgment, the lawfulness regarding the detention may be challenged, and you can be entitled to compensation in case of being wrongfully arrested. In this particular scenario, police should act in a particular way that is compatible with human rights and they should allow the person to bring a claim in UK courts regarding the violation of the persons rights.

Police powers of arrest as well as discrimination

The power of arrest by police must be used without such unlawful discrimination. In this context, the equality act of 2010 makes it unlawful for such police officers to make discrimination against harassment of any person on grounds of protection. The protected characters are age, gender reassignment, pregnancy and maternity, race, sexual orientation, race, marriage and civil partnership. The major duty of police service is to give protection to the public through the detection of crime. The particular duty is also established in the common law while the police have the legislative as well as common law power to make execution with appropriateness. It is a must for police power to be compatible with the coordination of equality legislation and human rights. In this particular aspect, Police personnel is also responsible to ensure their power which needs to be lawful, proportionate as well as necessary. It can be said that Police powers can be divided into such categories as

Power for the crime investigation

It includes a certain range of power to make a collection of evidence with the detection of suspects along with supporting it fair as well as an effective trial.

Power for the prevention of crime

The particular range of power also includes the maintenance of public order with the prevention of such antisocial behavior along with managing such known offenders or any suspects.

Power for the disbursement of such criminal cases

The particular range of power also includes police officers for the disclosure of criminal cases with charge suspects or making it outside of court by focusing on the prosecution.

There are around four types of police personnel who are having such powers Police officers who are having police power where such powers also reserved for “higher rank officers”, “Volunteer police officers” are having the same power as paid officers, “Police Community Support officers” or PCSOs including other support officers having such powers which are based on support function.

PCSOs are having such power which is linked with antisocial behavior such as

There is a major power that is not designated to PCSO or the support officers while powers are the power for making arrests, the power to stop as well as find out vehicles, such police power reserved for certain rank officers, such power of police officer under the terrorism legislation or such official secret act of 1911 and 1989. The police power can apply under sections 19 and 21 throughout the Investigatory power act of 2016.

Every day the civilian staff along with the police officers in the UK are confronted with such challenges due to the increasing rate of crime. Crime, as well as disorder, become the most public priorities with the Human right act and legal frameworks like PACE which also grant police officers power. Making a balance between effective everyday policing according to the legal framework including the victim as well as societys concerns so difficult. It is observed from the city mayors desk and police chief of a state which is having a high crime rate in a deprived community. At that time police did nothing wrong, it was also totally out of balance which happened in the year 190 in London which also happened in Missouri recently. It has made an outcome as law breakdown with wider consequences upon society. Throughout HRA 1998, police and public authorities came under obligation to set rights in the ECHR which also relied on International human rights. The police officers provide services to reassure the community by protecting people. They perform their duty with sound judgment and they can make a balance between the competing rights and the victims interest. It is reported that crime reduction was the major success story in the UK but in the last four years, it has increased again which also indicates that the policing is not balanced appropriately but lowincidence crime also became a recent trend where policing also makes such things worse but the crime rate is increasing again. The acceptance of HRA required that police should consider high political impartiality with effective discharge against no discrimination regarding politics, language and race. The PACE act also provides effective policing guidelines in the UK by granting police power. It is reported that instances numbered by after Mays reform of the search and stop incidents by 75 percent while search has increased for black, ethnic and minority groups. PACE section 1 provides acceptable ground and police procedures where the police have not exercised fundamental rights. Moreover, criminal justice with the Public order act and the Terrorism act of 2000 allows the police to stop or search reasonable suspicion in different areas where prior authorization also exists by the initiative of upper authorities. Section 44 of the Terrorism act of 2000 provides a view of the governed policing section which is compatible with conventional rights. The same case was also brought in Strasbourg but the courts also maintained the verdict by the consideration of article 8. In this aspect, ECHR has not shared the view of policing powers about stopping or searching against human rights. However, it is concerning that human rights have not been built into a system of the metropolitan police which also indicates that having the potential to imbalance the rights with the policing system.

English law strikes an appropriate balance between the power of the State and individual liberties in the context of National security

The context is all about the freedom of association, a movement that is enjoyed and the expression in a liberal democracy are much conducive for making plans and executing such acts related to gross violence, destroying the state structure, to making an advance of the specific ideological ends with destabilization. It can be said that the Innumerable themes can be illustrative due to the difficult juxtaposition related to civil liberties along with national security, while this study is going to find out the evidence regarding the balance among civil liberties in such crises.

A balance has been sought between the rights or individual privilege and the secrecy along with the state authority. In this perspective, balance continues to be coveted as the technological process with threats that the country faces along with the international community. It can be said that security is no longer limited to the particular state, where terrorist activities are seen as growing. The secrecy also encompasses covert activity, the intelligence service, and diplomatic discretion as “the realm of state secrecy”. The rights of an individual or the individual liberties are found at the stage of the stateregulated private life with respecting individual freedom. It is different from human rights but we are discussing the British government act which should consider human rights by making a balance between individual rights and secrecy needs rather than disregarding civil liberties with placing preservation of national security by considering individual freedom. It is also accepted that such a secrecy degree is much more appropriate where the government should have a leeway where secrecy may not disappear and it is a must to attempt to make a balance against individual rights.

The third article of the United Nations Universal declaration regarding human rights stated that “everybody has the right to life, liberty and security of person which also agreed by the United Nations to stay as a universal human right, hence it would be deemed to cross into the fact of civil liberty. The right regarding the security of an individual can be achieved by the presence of security services ensuring national security. It must be said that there is a requirement or urgency to make a balance between “individual civil liberty”and “the secrecy” is needed in ensuring human rights in the time of considering civil liberties. The government is seeking to introduce rights regarding the secret court sessions which also occurred to make the risk of exposing information secret in the aspect of national security. It must be said that the perceived national security should not work by avoiding rules regarding fundamental human rights. National security also is for safeguarding the state and community against such threats and ensuring wellbeing. The British government needs to protect individual peoples rights by ensuring the content of society.

As an example, the London Olympics in the year 2012 also looked as an attractive target for terrorist attacks, protests, local crime, strikes and cyber while British security services also remained the place of a heightened state of vigilance. Giving value to civil liberties, it is argued that they can be challenged on the shade of national security but during the games, new legislation was also created to give more power to security and police services. Police are also able to tear down advertisements and make announcements which have also been criticized due to jeopardizing civil liberties. Through getting major risks during the game, the public becomes more aware of national security by avoiding temporary restrictions on civil liberty. The UK government uses an antiterrorism strategy in making a balance of protecting the state with upholding and the human rights of an individual who falls into such antiterrorism. It can be argued that state security, as well as national security, carries greater weight rather than an individual right and therefore national security can be a paramount factor in the consideration of antiterrorism strategy. The rights, as well as the freedoms regarding the European Convention on Human Rights, were also given a next effect throughout the Human Rights Act as a force in the UK in the year 2000. The Act also needs the UK legislature to fix that the antiterrorism legislation can be compatible with such conventional rights. In case of not getting deemed, section 3 can be used by the court to describe statutes with a look at them as compatible with the conventional rights as per possibility. The indefinite detention provision is not the law that was also replaced by the initiative of the Prevention of Terrorism Act 2005 which is followed by the case of Belmarsh. It also shows the value of internal working on the legal system of the British with the affection of judicial decisions along with antiterrorism laws.

Question 2

2 a. Advising the Human Rights Watchdog whether it can bring a claim in judicial review under the Human Rights Act 1998

Human Rights Act 1998 legislation tends to define the wide array of fundamental rights as well as freedoms to which every individual residing in the UK is extensively entitled. Under this specific act, the individuals are capable of pursuing cases that are specifically associated with their human rights within the UK courts. It is observed that before the employment of the Human Rights Act 1998 in the year 2000 any specific individual within the UK who comprehensively wished towards complaining of a violation of the European Convention on Human Rights was compelled to take the case to the European Court of Human Rights in France.In the provided scenario it is evident that the Solent City Council which is seen to be situated in England had denied the applications associated with tenancy from homosexuals. The Human Rights Watchdog which is basically an NGO tends to believe the fact that this denial of applications further tends to breach the human rights of the applicants in this case homosexuals. In this regard, it is necessary to point out the fact that on the basis of the Human Rights Act, it is claimed that every individual in the UK possesses equal rights as well as opportunities and at the same time everyone is required to be treated equally regardless of their race, gender, sexuality, age, etc. It can also be advised to the NGO to write to the public authority that is considered to be concerned regarding this particular matter mainly for the purpose of claiming a review of the Human Rights Act. On the basis of the provisions extensively set by the specific Act writing to the public authority can help the concerned authorities in reminding them of their different kinds of legal obligations that are specifically under this particular Act and in doing so can ask the concerned authority to rectify the circumstances. The NGO can at the same time go to court which in turn can consider that the specific action executed against the homosexuals is unlawful. Along with that, the court can also compel the City Council to stop interfering with the rights of homosexuals or in some cases take certain pivotal actions in order to protect the rights of homosexuals. It has to be kept in mind that if in any situation the court is considered to be satisfied that any specific law is incompatible with a crucial right of the convention then in that case it is likely to make a specific declaration associated with that incompatibility.

It is vital to highlight the fact that this is basically a formal legal statement that the specific law tends to interfere with the facets of human rights. It is not required to pose to be an immediate impact but at the same time tends to encourage the parliament in a much stronger manner for the purpose of amending or in certain aspects repealing the particular law that is mainly into consideration. The courts have also provided a ruling that the protection of human rights from any kind of discrimination tends to involve a certain sort of indirect discrimination. This, in turn, tends to take place when any specific rule or in some cases policy apparently relating to every individual in an equal manner tends to actually work specifically to the disadvantage of one or in some cases more than one group. Article 14 of the Act tends to shed light on the fact that the enjoyment of the rights as well as the freedoms that are being set forth within the European Convention on the aspects of the Human Rights Act is required to be secured without any kind of discrimination on any specific ground including sex, language, religion, race, etc. For instance, in the year 2001 Ahmad Ghaidan one of the residents of the UK brought a case before the court claiming possession of a flat that was basically shredded by him as well as his homosexual partner Hugh WallwynJames. Both individuals shared a flat that was basically subjected to a specific statutory tenancy that was extensively granted to them on the basis of the provisions upheld by the Rent Act 1977. On the death of Hugh WallwynJames, Ahmad Ghaidan in the year 2001 claimed possession of the specific flat. The court further gave a judgment in the favour of Ahmad Ghaidan. In term of judgment, certain aspects of the Rent Act 1977 has to be essentially constructed as involving individuals in a samesex relationship. It offered protection to the degree of security of tenure that is considered to be enjoyed by any specific individual. Under Article 14 any sort of discrimination due to the sexual orientation of a person was regarded to be impermissible. Along with that it was considered to be the positive obligation of the state towards promoting the values that are further being protected by the provisions set by Article 8 that have an immense influence on the home specifically by bringing the aspects of national legislation within its domain.

2b. Advising T.J. whether he has a successful claim in judicial review under the Human Rights Act 1998

Judicial review is mainly referred to as a procedure by which any particular individual who has specifically been impacted by any particular action, decision, or in some cases failure towards acting of any specific public authority is likely to make an application to the respective high court of the nation. The high court in turn is likely to offer certain kinds of remedies if in any circumstance it tends to decide that the specific public authority has acted in an unlawful manner. It is seen that the facets of judicial review are mainly concerned with the lawful acts of ant public body rather than being concerned with the merits of the decision.In regards to the provided circumstance, it can be highlighted that even though T.J. was regarded to be a criminal mainly because of supplying illegal weapons to certain minors, at the same time it was not appropriate for Inspector Coffey to execute certain unlawful treatments against T.J. This is mainly due to the fact that the crime was still not proven and along with that all the actions executed on the offender was illegal and also unjust and being a pubic authority Inspector Coffey did not have the right to do such kind of acts. It has to be kept in mind that the Human Rights Act 1998 maintains the fact that any specific public authority is likely to be considered acting in an unlawful manner if it has made any specific decision or in some cases done something without the legal power to do so or in certain cases executed certain acts that are in breach of the provisions provided by the Human Rights Act and at the same time without taking into account the rules of natural justice. It has to be kept in mind that every individual possesses the right to liberty as well as security of a person. Along with that, no individual shall be deprived of their liberty specifically in accordance with a particular procedure that is extensively being prescribed by law. Article 5 of the Human Rights Act tends to maintain the fact that every individual who is being arrested is considered to be entitled to take proceedings specifically by which the lawfulness of the detention of the specific individual is required to be decided speedily by any specific court and along with that the release of the individual would essentially be ordering if in any case the detention is considered to be not lawful. In this scenario, it can be said that the term treatment is regarded to be degrading when it tends to humiliate or in some case debases any particular individual and in doing so tends to demonstrate an absence of respect or in some case degrade his or her dignity or at the same time possess the capability of disrupting the moral as well as physical resistance of an individual. It is likely to suffice that the particular victim is extensively being humiliated in their own eyes even if not in the eyes of other individuals. The court also essentially emphasized the fact that there tends to prevail a much stronger association between concepts of degrading treatment as well as punishment specifically within the connotation of Article 3 of the convention as well as respect for dignity. For instance, in the case of Price v. the United Kingdom, the victim was a fourlimb deficient and at the same time suffered from certain issues with her kidneys. She claimed negligence and illtreatment in detention and along with that was also not offered appropriate medical support. The judgment was given in favor of the victim.

2 c. Advising Sameen on the legal duties

The Human Rights Act 1998 enables the individuals specifically in terms of defending their rights in the courts of the UK along with that tends to compel the public organizations involving the government, police as well as local councils mainly for the purpose of treating every individual equally and at the same time word towards maintaining their selfesteem as well as respect. In terms of the provided scenario it can be said that every individual possess the right to freedom of expression. Article 10 of the act entails the fact that every individual is liable to hold their personal opinions and along with that impart information as well as ideas without any kind of interference from any specific public authority and also regardless of frontiers. So it can be said that in the case of Sameen he has the responsibility of informing the police regarding the protest. Article 11 of the act also tends to demonstrate the fact that every individual possess the right to freedom of peacefully assembling involving the right to show unions or protests and shall not be exercised any kind of armed forces upon.

Bibliography

Almeida, D., Shmarko, K. and Lomas, E., 2022. The ethics of facial recognition technologies, surveillance, and accountability in an age of artificial intelligence: a comparative analysis of US, EU, and UK regulatory frameworks. AI and Ethics.

Cody, S., 2020. Dark law: legalistic autocrats, judicial deference, and the global transformation of national security. U. Pa. JL & Pub. Aff.

commonslibrary.parliament.uk. 92021). Police powers: an introduction. Available at https://commonslibrary.parliament.uk/researchbriefings/cbp8637/[ accessed on: 31.01.2023]

Dorani, S., 2019. Shall the Court Subject CounterTerrorism Law to Judicial Review? National Security vs Human Rights. Reflections on the Turkey Syria Conundrum.

lawteacher.net. (2021). Does the legal framework for UK policing properly balance competing rights and interests. Available at: https://www.lawteacher.net/freelawessays/humanrights/legalframeworkpolicingrightsinterests8317.php[accessed on: 31.01.2023]

libertyhumanrights.org.uk. (2020). Liberty. Available at https://www.libertyhumanrights.org.uk/adviceinformation/policepowersofarrest2/[accessed on: 31.01.2023]

pnas.org. (2017). Balancing public safety and individual rights in street policing . Available at: https://www.pnas.org/doi/10.1073/pnas.1712541114[accessed on: 31.01.2023]

Pugh, J., 2020. The United Kingdom’s Coronavirus Act, deprivations of liberty, and the right to liberty and security of the person. Journal of Law and the Biosciences.

Purshouse, J. and Campbell, L., 2022. Automated facial recognition and policing: a Bridge too far?. Legal Studies.

Www.eir.info. (2013). Balancing Secrecy and Individual Rights in Britain. Available at: https://www.eir.info/2013/03/20/balancingsecrecyandindividualrightsinbritain/[accessed on: 31.01.2023]

European Court of Human Rights. 2023. CASE OF PRICE v. THE UNITED KINGDOM.

European Court of Human Rights. 2022. Guide on Article 3 of the European Convention on Human Rights.

equalityhumanrights.com. 2022. Judicial review. 

egislation.gov.uk. 2023. The ConventionRights and Freedoms

Wolfsteller, R., 2020. Out of sync: The failed translation of international human rights in the creation of the UK Human Rights Act. Journal of Human Rights.

Schetzer, L., 2020. Queensland’s Human Rights Act: Perhaps not such a great step forward?. Alternative Law Journa.

Riaz, A., 2021. Sections 3 and 4 of the Human Rights Act and Their Impact on the United Kingdoms Constitutional Arrangements.

Stonewall.org.uk. 2023. 1998: Human Rights Act opens the door to LGBT rights.

Almeida, D., Shmarko, K. and Lomas, E., 2022. The ethics of facial recognition technologies, surveillance, and accountability in an age of artificial intelligence: a comparative analysis of US, EU, and UK regulatory frameworks. AI and Ethics.

Pugh, J., 2020. The United Kingdom’s Coronavirus Act, deprivations of liberty, and the right to liberty and security of the person. Journal of Law and the Biosciences.

Commonslibrary.parliament.uk. 92021). Police powers: an introduction. Available at https://commonslibrary.parliament.uk/researchbriefings/cbp8637/[ accessed on: 31.01.2023]

Commonslibrary.parliament.uk. 92021). Police powers: an introduction. Available at https://commonslibrary.parliament.uk/researchbriefings/cbp8637/[ accessed on: 31.01.2023]

Libertyhumanrights.org.uk. (2020). Liberty. Available at https://www.libertyhumanrights.org.uk/adviceinformation/policepowersofarrest2/[accessed on: 31.01.2023]

Purshouse, J. and Campbell, L., 2022. Automated facial recognition and policing: a Bridge too far?. Legal Studies.

pnas.org. (2017). Balancing public safety and individual rights in street policing . Available at: https://www.pnas.org/doi/10.1073/pnas.1712541114[accessed on: 31.01.2023]

Almeida, D., Shmarko, K. and Lomas, E., 2022. The ethics of facial recognition technologies, surveillance, and accountability in an age of artificial intelligence: a comparative analysis of US, EU, and UK regulatory frameworks. AI and Ethics.

Www.eir.info. (2013). Balancing Secrecy and Individual Rights in Britain. Available at: https://www.eir.info/2013/03/20/balancingsecrecyandindividualrightsinbritain/[accessed on: 31.01.2023]

Lawteacher.net. (2021). Does the legal framework for UK policing properly balance competing rights and interests. Available at: https://www.lawteacher.net/freelawessays/humanrights/legalframeworkpolicingrightsinterests8317.php[accessed on: 31.01.2023]

Dorani, S., 2019. Shall the Court Subject CounterTerrorism Law to Judicial Review? National Security vs Human Rights. Reflections on the Turkey Syria Conundrum.

Cody, S., 2020. Dark law: legalistic autocrats, judicial deference, and the global transformation of national security. U. Pa. JL & Pub.

Schetzer, L., 2020. Queensland’s Human Rights Act: Perhaps not such a great step forward?. Alternative Law Journal.

Stonewall.org.uk. 2023. 1998: Human Rights Act opens the door to LGBT rights. 

Riaz, A., 2021. Sections 3 and 4 of the Human Rights Act and Their Impact on the United Kingdoms Constitutional Arrangements. QMLJ, p.133.

Equalityhumanrights.com. 2022. Judicial review.

European Court of Human Rights. 2022. Guide on Article 3 of the European Convention on Human Rights. 

European Court of Human Rights. 2023. CASE OF PRICE v. THE UNITED KINGDOM.

Legislation.gov.uk. 2023. The ConventionRights and Freedoms. 

European Court of Human Rights. 2022. Guide on Article 3 of the European Convention on Human Rights.