Summary
Summary Theory of Human Rights
- Module
- Nature of Human Rights
- Institution
- AQA
It contains essay for Q9 [15 markrs]. Nature of human rights. It has knwoledge and analysis
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The Magna Carta 1215 gives us the rule of law itself. Law mustbe based on principle and not arbitrary decisions. Everyone must
have access to the law and be held accountable to the law.
The UK has a separation of powers between the legislative and
the executive and judiciary, to prevent one body from becoming
more powerful. The Bill of Rights was another important
milestone granting voting and protesting rights. The parliament
enacts legislation to protect such as the human rights act 1998.
Karl Max states that rights are only needed in a capitalist
society where the state encourages individualism amongst its
citizens and separates them from the collective society to
which they are by nature a part of . they are needed to protect
the individual from abuse by the more powerful individuals in
that society.
Human rights are rights and freedom that everyone in the world
and the country is entitled to. They are universal and inalienable
and cannot be taken away except under certain circumstances.
For example article 2 (right to life) is an absolute right.
Salmond defined rights are being connected to interest, which
are things connected to man’s advantages. E.g., the right
defends their life or property. Therefore rights could be defined
as something you are entitled to if you can demonstrate that
you have a legal right to it when taking legal action, referred to
as claim rights.
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