Here is the synopsis of our sample research paper on How the Margin of Appreciation allows the Human Rights Act 1998 to Undermine Fundamental Human Rights. Have the paper e-mailed to you 24/7/365.
Essay / Research Paper Abstract
This 14 page paper considers how the margin of appreciation allowed by the European Court of Human Rights is so great that it undermines the concept of a universal standard of human rights. This is considered by looking at articles 8 and 10 of the Human Rights Act which cover the right to privacy and the right to expression. The bibliography cites 25 sources.
Page Count:
14 pages (~225 words per page)
File: TS14_TEhrundr.rtf
Buy This Term Paper »
Unformatted sample text from the term paper:
was seen by many as an important act, one that could change the way the law operated and give greater protection to the individual and there freedoms. The basis of
the act was the European Convention on Human rights and basic human rights that are enshrined in many areas of agreement and international legislation to which the UK has been
a signatory. When we read this we should also consider that in 1966 the International Bill of Rights was completed by the United Nations General Assembly to which Great Britain
was a signatory, this was followed by a further two covenants including the International Covenant on Civil and Political Rights (Wadham and Leach, 1995). Therefore, in theory the enactment and
enforcement of this Act should have been seen as a manifestation of the ethics and morals that were sought by those in the country and those who made the law
and give a new legal basis for decisions in all area of law. However the idealised situation never arises as all law has to consider the need for balance. This
is seen in articles 8 and 10 of the Act, the right to privacy and the right to freedom of expression, which may be seen as conflicting. However, the effectiveness
of the Act given by the margin of appreciation may be argued to undermine the real purpose of the Act and the way it enforces fundamental rights.
The margin of appreciation is a tool by which there is some leeway granted to individual nations when enacting and enforcing EU law. In this
where there are borderline cases or a conflict with national needs and policies. The need is for there to be the rights of the individual to be balanced with national
...