In the context of the legislative process, explain what is meant by the following:
(i) First and Second Readings;
(ii) The Committee Stage;
(iii) The Royal Assent. (6 marks)
Legislation is the process of law-making by Parliament whereby a Bill becomes an Act. This form
of law-making involves a set procedure which has to be followed. This procedure generally starts
in the House of Commons and ends with the Royal Assent.
Bills which come before Parliament can do so from different sources. Two of the most important
types are Private Members Bills and Government Sponsored Bills.
One such Bill which was introduced into Parliament was the Human Rights Bill, which became the
Human Rights Act 1998. This Act eventually came into force in October 2000.
Amongst the laws referred to in the Human Rights Act 1998 is a series of Articles which are
intended to protect certain basic rights and freedoms recognised under the European Convention on
Human Rights. For example:
! Article 5 sets out the Right to Liberty (personal freedom);
! Article 8 sets out the Right to Privacy;
! Article 10 supports Freedom of Expression (speech);
! Article 11 allows for Freedom of Assembly and Association;
! Article 12 contains the Right to Marry.
It is important to note that all of these rights and freedoms can be restricted. For example, the tort
of trespass and the tort of defamation are intended to protect the individual. In addition, the crime
of unlawful assembly and the power of imprisonment are intended to protect the State.
Those who feel that their rights have been unfairly restricted have the right to have their case heard
in the United Kingdom, rather than having to take the case to the European Court of Human Rights
in Strasbourg.
Turn over !
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G/J140962/S05/3161/F
(b) Explain and illustrate what is meant by Private Members Bills and Government Sponsored Bills.
(3 marks)
(c) As the extract indicates, Article 5 sets out the Right to Liberty. This right can be restricted in a
number of ways. In this context, explain what is meant by the following:
(i) arrest, with and without a warrant; (3 marks)
(ii) the remand decision (bail or custody); (3 marks)
(iii) imprisonment. (2 marks)
(d) Article 11 allows for Freedom of Assembly and Association. Identify and briefly describe two
different ways in which this freedom can lawfully be restricted. (3 marks)
(e) Article 12 contains the Right to Marry. Identify two restrictions on the right to marry, recognised
by English law. (2 marks)
(f) (i) Identify one of the ways in which an individual may be restricted from exercising his right
of free speech under Article 10. (1 mark)
(ii) Briefly comment on why a judge may find it difficult to apply both the right to privacy
(contained in Article 8) and freedom of speech (set out in Article 10), when hearing an
individual case. (3 marks)
(g) Comment on whether or not the passing of the Human Rights Act 1998 has been of benefit to the
general public. (4 marks)
2007-02-20
06:11:48
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2 answers
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asked by
ashik u
1