bill of rights thesis

Depositor Login | Administrator Login TAYLOR, ROBERT,BRETT (2009) The Human Rights Act 1998: A Bill of Rights for Britain? Masters thesis, Durham University.PreviewPDF447KbAbstractOn the eve of the tenth anniversary of the coming into force of the Human Rights Act 1998 (HRA), this thesis endeavours to explore the extent to which New Labour’s flagship piece of legislation can be considered a Bill of Rights for Britain. It explores the debate surrounding the characteristics of Bills of Rights in comparison to the traditional UK approach towards human rights protection, arguing that a compromise between the two positions exists in the form of third wave Bills of Rights; a model which increases the power of the judiciary whilst still preserving parliamentary sovereignty. Although the HRA has the potential on paper to be a third wave Bill of Rights, it is argued that it can only be so if the judiciary takes a relatively expansive approach towards its key provisions: sections 2, 3, 4 and 6. Much of the thesis therefore focuses on finding traces of such expansive judicial reasoning, discovering that the judiciary’s application of the Act has been distinctively uneven. In some instances, the judiciary have taken a severely restrictive approach towards the HRA, whilst in others they have taken a more expansive approach akin to a third wave Bill of Rights. However, despite any inconsistency, this thesis nevertheless argues that a general trend by the judiciary, to move beyond the traditional British model of human rights protection towards a Bill of Rights, is beginning to emerge. The thesis also argues that the HRA must, in order to be considered a Bill of Rights, have the support and backing of the public. This, however, has not happened; despite the fact that the HRA displays many of the general characteristics of Bills of Rights, as well as also reflecting British legal.
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Directions: This web page explains the different parts to a thesis statement and helps you create your own. You can click on the example button in each section to see an example of a thesis statement. Question: Write the the question you have been assigned or the prompt you are going to answer with your essay in the box below. 1. The Topic The “topic” of your essay is the general category your essay is about. Either write the topic your teacher has assigned or the topic you have chosen in the space provided. What do you have an opinion about?   What are some things that interest you? Topics are just general categories--school, fishing, parenting, hunting, cars, women’s rights, racial issues, the law, etc. Type the topic of your essay in the box below. 2. The Position What is one thing about your topic that you believe to be true, and that you wish to argue? You may already have a “position” in mind, or you may just have a general topic you know you wish to work with.  If you do not yet have a position, making a cluster or a map with  your topic in the center is a good way to help yourself find a position. Another good way is to begin a free write, “I’m supposed to write an essay about____________..”  and see where it takes you. However you get there, write a short statement describing your position in the space below. Write your position in the space below. 3. The Qualification Is what you say always true always?  Are there exceptions?  Are there good reasons why your position may have a down side? How can you make your position have a reality check? What general reasons why your position may have problems can you admit up front? To make absolute statements usually causes your essay’s thesis to seem foolishly simplistic.  Get real!. Here’s a trick: begin your qualification with a word like “although” or “It is true that..” Don’t worry if it’s not a complete.
Introduction We start off in the first column with the 26 rights contained in the U.S. Bill of Rights. There are two main “root” sources presented in this table for the U.S. Bill of Rights, namely, the colonial heritage and the English tradition. And the question we are looking at is to what extent is the U.S. Bill of Rights dependent on, or derived from, the English past and/or the colonial past? I have chosen three English documents which are regularly relied on to make the case that there is a direct and strong link between the English inheritance and the U.S. Bill of Rights. Also reproduced are four colonial sources in an attempt to capture the emergence of a separate American Mind, albeit still a colonial mind. What is surprising, and counter to the usual portrayal that there is a strong and direct reliance of the U.S. Bill of Rights on the English heritage, is that only 9 out of the 26 rights in the U.S. Bill of Rights can be traced back to Magna Carta! Similarly, 7 can be traced to the English Petition of Rights, and 6 to the English Bill of Rights. When we account for duplication among the three sources, the maximum number amounts to 10 of 26. Nevertheless, we still need to remember that 40% is not numerically negligible. What is indisputable, and also surprising in the opposite direction, is the even stronger relationship between the U.S. Bill of Rights and the Colonial past. 18 of 26, or 70%, can be traced directly to the Colonial tradition. And 15 of 26, or 60%, come from one source alone: the Massachusetts Body of Liberties of 1641! Even more importantly, there is a distinctively qualitative difference in the emerging Colonial American version of rights. Unique is the emergence of the individual right of religious worship, the political rights of press and assembly, and what became the Sixth Amendment in the U.S Bill of Rights dealing with accusation.
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