UK Human Rights Essay Example | Topics and Well Written Essays - 3000 words

UK Human Rights - Essay Example Generally, nation states have been the final arbiters of most issues affecting their citizenry and within their borders. By treaty, the signatory nations of Europe have granted the ECHR binding authority to decide cases affecting their citizenry and other persons subject to their authority. In instances where state law is found inconsistent with an ECHR judgment, the nation at issue is obliged to amend its national law to comport with the ECHR decision. These cases illustrate the concept of what is increasingly being referred to as an evolving European supranational identity. The ECHR grants jurisdiction to any individual, non-governmental organization, or group claiming be a victim of a violation of the European Convention by a ECHR signatory nation, and to bring cases before it, as does, in applicable cases, the European Court of Justice (the "ECJ"), the court of the European Union, based in Luxembourg. The Human Rights Act has gone a long way in limiting arbitrary actions from public bodies, in particular, police officers. It cannot be denied, however, that the laws on "breach of the peace" grant have historically been so vast in scope that in some occasions, human rights violations arise. The definition of "breach of the peace" (also known as breach of the Queen's peace) has been discussed in the Court of Appeal decision of Howell3, where it was stated as follows: We are emboldened to say that there is a breach of the peace whenever harm is actually done or is likely to be done to a person or in his presence his property or a person is in fear of being so harmed through an assault, an affray, a riot, unlawful assembly or other disturbance. It used to be that the prospect of violence alone would not be enough to be considered a "breach of the peace", as in the comment of Farqhuarson LJ that "The act which puts someone in fear of violence taking place entitles a police officer...to detain the actor but it is not a breach of the peace, for the violence has not yet occurred."4 There has been scant support for this view, such that in the present time, "breach of the peace" also embraces "behaviour likely to cause a violent reaction", even if such behaviour is not of itself violent. The policy of the law has been recently discussed in the case of Humberside Police v. McQuade5, where it was held that: "the policy of the law relating to arrest for breach of the peace is plain enough. Its purpose is to deal with emergencies. The power of arrest may be exercised without a warrant and belongs to the ordinary citizen as much as to the constable." In a handful of cases, the European Court of Human Rights has found that there is no contradiction between the concept and the Human Rights act of 1998. The most cited case is the case of McLeod v. United Kingdom6 , where the Court held as follows: "The concept of breach of the peace has been clarified by the English courts over the last two decades, to the extent that it is now sufficiently established that a breach of the p