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Balancing Conflicting Interests Paper 3 = Human Rights, Balancing…
Balancing Conflicting Interests Paper 3 = Human Rights
What interests can be identified?
What is the conflict between these interests?
What is the legal mechanism by which the conflict is mediated?
balances individual and their freedoms under the ECHR with the law of the state
balance between human rights of the individual and the state and its organs
all UK law must be interpreted, so far as it's possible to do so, in way compatible with rights under the Convention
if Act of Parliament breaches these rights, legislation incompatible with Convention rights
the law remains valid with it remaining up to Parliament to decide whether or not to amend the law
it's unlawful for any public authority to act incompatibly with human rights, unless required by statute to do so
where individual's rights have been violated, they can bring court proceedings against the public authority
if declaration of incompatibility made, Government has choice of:
doing nothing
changing offending law/practice
making remedial order
Balancing Conflicting Interests
Parliament and the courts have to balance conflicting interests when establishing rules of law so they can best achieve justice
Public
big businesses, government, communities
Private
individuals
Bentham
would argue conflicting interests could be balanced by opting for result that would maximise happiness for greater number of people, even where this means sacrificing some individual interests for the greater good