Magna Carta Human Rights Analysis
Introduction In the English legal system, ‘human rights’ can be defined as ‘rights and freedom to which every human being is entitled’ (Law and Martin (ed.) 2013, p. 269). ‘Human rights’ are rights and freedoms that belong to all individuals regardless of their nationality and citizenship. They are fundamentally important in maintaining a fair and civilised society (Ministry of Justice 2006). The protection of the rights and freedoms of citizens and others within their jurisdiction is a fundamental duty of the state (Barnett 2011, p. 394). ‘Human rights’ are not privileges to be earned or gifts that governments can give or take away at will as they are part of what is means to be human (British Institute of Human Rights 2014). The protection …show more content…
Historically, certain fundamental rights and freedoms have been protected in English common law since the signing of the Magna Carta by King John of England in 1215. The Magna Carta sets out many rights that are now referred to as ‘human rights’ or fundamental principles of good government such as principles of due process and equality before the law (Genn 2014, pp. 16-17). Despite the provisions of Magna Carta and other rights protected under English common law, a wide range of fundamental rights and freedoms are now positively protected by the Human Rights Act 1998 since the passing of the Act (Genn 2014, p. 17). The European Convention on Human Rights 1950 is an international treaty which provides for individuals to bring proceedings in the European Court of Human Rights if they believe that a government is in breach of its obligations under the European Convention on Human Rights 1950 (Genn 2014, p. …show more content…
While in Malaysia, human rights are protected through the constitution. In the English legal system, human rights are not entrenched through the Human Rights Act 1998. While in the Malaysian legal system, fundamental liberties are entrenched through the Federal Constitution.
In UK, parliamentary sovereignty is applied. While in Malaysia, constitutional supremacy is applied. In the English legal system, a case can be pursued in the English courts (domestic courts) as well as in the European Court of Human Rights (an international court). However in the Malaysian legal system, a case can only be pursued in the Malaysian courts (domestic courts).
Conclusion
In conclusion, the recommended choice of approach to ensure human rights protection for Laguna would be through the constitution. This is because human rights are entrenched in the constitution. Therefore the amendment of the constitution has a specific
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