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The role of law in society
The role of law in society
Freedom of speech and limits on rights
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The United Kingdom Public Law
United Kingdom Public Law
Public law is the section of law that governs the relationship between individuals and the government and other relationships between individuals, which directly concern the society. It comprises of constitutional law, tax law, criminal law and administrative law. In public law, compulsory rules prevail. Freedom of speech is the notion of publicly voicing one’s view without the fear of being punished or censored. In the UK, the freedom of speech is a philosophy of great importance. This is either because freedom of speech is one of the basic human rights or because in Europe it is the social consensus. In Europe, the expression of opinion, including expression through demonstrations, is part of a functional democracy. This perspective encourages debate on important issues and the freedom to allow individuals to express their opinions.
In U.S, Martin Luther King led a demonstration against the legalized discrimination in the country against the black people (Hayek, 1978). In India, Gandhi broke the salt laws to demonstrate against the British rule (Kettles, 2006). Recently in Europe, The Times and Reuters argued against a court order that requested them to surrender leaked documents by a source arguing that it was against the right of freedom of expression and the court ruled in their favor. Some of these examples of demonstrations and expression of opinions involved breaking of the law to help bring positive change in the society. It is the government’s mandate to maintain law and order, looking at these examples from this perspective on the other hand, it is not very clear, as to whether they involved breaching the law.
It is important to be cognizant of the need to ...
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...ndividuals feels that the regulations are unwarranted, they can contest them in a court of law. What is evident from these rules and regulation is that public peace is of fundamental requirement in the United Kingdom and it should be protected at all costs.
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References
Dicey, M. (2008). An introduction to the study of the law. Oxford, UK: Oxford University Press.
Hayek, F. (1978). The constitution of liberty. Chicago, IL: University of Chicago Press.
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Laban, D. (2001). Law's blindfold: Conflict of interest in the professions. Oxford, UK: Oxford University Press.
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Nedelsky, J. Law’s relations – a relational theory of self, autonomy, and law. Oxford University Press. 2011. Print.
David Dyzenhaus and Arthur Ripstein, eds. Law and Morality: Readings in Legal Philosophy. (University of Toronto Press, 1996).
Hall, Daniel E. Administrative Law: Bureaucracy in a Democracy. 5th ed. Upper Saddle River: Prentice Hall, 2012. Print.
Woll, Peter. American Government: Readings and Cases. Ninth Ed. Boston: Little, Brown, and Co., 1987. Transcribed to HTML on 1997-09-29 by David Wallace Croft.
There are a variety of traditions which examine the relationship between the rule of law and freedom, which include Berlin’s positive and negative liberty, Republican Liberalism and concept of freedom as a Triadic relationship . Historically, liberalism has been viewed as an attempt to limit state power to preserve individual freedoms however this remains an oversimplification of liberal thought. Whilst liberal rights can be understood as the freedom to pursue individual interests, they are best considered the product of a strong liberal state and the rule of law. Therefore, when considering laws which respect or interfere with our freedoms, it may be problematic to consider them in terms of simple binaries as different laws affect...
The Incorporated Council of Law Reporting for England & Wales. - Counsel [24] See footnote 22 – but page 61 [25] GEOFFREY, Marshall, Constitutional Theory, Clarendon Law Series, Oxford 1971 Chapter1 – the Law and the constitution, part 3. Dicey’s doctrine and its critics. [26] REGINA v HER MAJESTY'S TREASURY, Ex parte SMEDLEY, [COURT OF APPEAL], [1985] Q B 657, 19 December 1984, (c)2001 The Incorporated Council of Law Reporting for England & Wales [27] MITCHELL, JDB, Constitutional Law, 2nd edition, Edinburgh, W Green & SON LTD, 1968, Convention, page 31 [28] See footnote 22 but page 64
(7) H. L., Hart, The Concept of Law, ch. VIII, and D., Lyons, Ethics and the rule of law, Cambridge University Press, 1989, p. 78 ff,
Laws are implemented to enforce civil proceedings in society, thereby enabling individuals to operate and function within a morally stable population. But there is a delicate and uncertain balance between doing so and restricting personal freedoms--for though individuals should not be wholly free to conduct themselves as they please (for fear of anarchy), neither should they be confined to a level by which they are unable to direct their life’s course and pursue personal betterment. When citizens feel this to be the case, they have the right to peacefully display their grievances with enacted law for the advocation of positive change in the society. For if a society is truly free, the government
This concludes my summary of lessons gleaned from the course BSL 301 Legal Research, Writing, and Analysis referencing Honigberg, G. "Gilbert Law Summaries: Legal Research, Writing, and Analysis" 10th ed. BarBri Group, 2006.
Abadinsky, Howard. Law and Justice: An Introduction to the American Legal System. 6th ed. Upper Saddle River: Prentice Hall, 2008. Print.
same time, the rule of law prescribes restrictions of somebodies rights to ensure public order, state
McInerny, Ralph. Treatise on law: (Summa Theologica, questions 90-97). Washington, DC: Regnery Pub., 1996. Print.
Frank A. Easterbrook, ‘Legal Interpretation and the Power of the Judiciary’ [1984] 7 Harv. J.L. Pub. Pol’y 87 http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/hjlpp7&div=18&id=&page= accessed 14 February 2012. J. A. Holland & Julian Webb, Learning Legal Rules, 6th edn, Oxford 2006, pp. 113-117.
Martine, Elizabeth A., Jonathon, Law. (2006) Oxford Dictionary of Law, 6th Ed, Oxford University Press.
The security of state means legislature can enact laws which would impose restrictions on expressions which endanger the security of the State and is intended to overthrow the government or wagering a war against the government. Public order means public peace, safety and tranquility of the people at large. The absence of public order is an aggravated form of disturbance of public peace, which affects the general life of the public. Any speech which intends to disturb public order can be restricted by enacting laws. The decency and morality includes the state can put