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Thread: Fundamental Rights

  1. #1

    Yelp 32 Fundamental Rights

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    Q.15: What is the concept of rights of citizens in England in the absence of written constitution there? How the right of Englishman are enforced. Discuss (1998)
    1- Introduction:
    “U.K. Constitution is Combination of Conventions in which the Government machinery perform its functions for many years and protect the fundamental rights of individual”.
    (Prof. Munro)
    The right of individual are interlink with the state which does not create them but recognizes them. The U.K. Constitution is unwritten one and fundamental rights are not well-explained in it.
    2- Meaning Of Right
    I. According To Prof. Salmond:
    “Right is combination of those interest which are not only recognized by the state but perform the responsibility of protection also”.
    II. According To Prof. Laski:
    “Rights are the requirements of life, without is individual never accomplish the Personality:.
    3- Fundamental Rights In U.K.
    The U.K. Constitution is unwritten and the provisions of fundamental Rights are not protected by way of Constitution. The growth and development of fundamental Rights in U.K. is the result of the following charters.
    I. Magna Carta
    II. Bill of Rights
    III. Petiton of Rights
    IV. Habeas Corpus
    4- List Of Fundamental Rights:
    I. Rights To Personal Freedom:
    The people have right to personal freedom because the Government dose not arrest the persons or individuals until they violate the law. No person is deprived of his liberty.
    II. Right To Freedom Of Conscience:
    The people have the right to freedom of conscience so that every individual adopt any religion according to his faith without any interference.
    III. Right To work:
    Every person has right to work according to his own will and is given opportunity regarding work according to his ability and performance.
    IV. Right To Property:
    Every citizen has right to collect property and there is complete liberty for sale and purchase of the property under the limitation of the law.
    V. Right To Education:
    Every person has right to avail education and the Government takes measurement for arrangement regarding education facilities.
    VI. Right To Paid Adequate Wages:
    Every person had a right that when he gives service to any institution or department, he is given adequate wages according to his work.
    VII. Right To Live:
    Every person has right to live and the Government takes measurement for protection of the individuals and removes all the hindrance for survival of the life.
    VIII. Right To Leisure:
    The right adequate leisure has importance in U.K. for welfare of the individuals as well as liberty. The workers are also given refreshment and recreation during working period.
    IX. Right To Reputation:
    This is fundamental Right of every person that he take the help of judicial proceedings against those persons who defame him or disturb his reputation.
    X. Political Right:
    Every Citizen has political right in U.K. Such as the right to vote and to participate in election process.
    XI. Right To Freedom Of Speech:
    Every person has the right to freedom of speech so that he may express his views in a liberal manner.
    XII. Right To Equal Status:
    All the persons are equal in the eyes of the law. All the citizens have given equal status and law is enforced without any discrimination.
    XIII. Right To Freedom Of Public Meetings:
    Everyone has a right to form political parties and all political parties and associates have right for public meetings. P
    5- Conclusion:
    To conclusion, I can say, that the fundamental Rights in U.K. have been protected by means of Rule of law and the role played by judiciary, as the nature of U.K. Constitution is unwritten. According to Prof. Kaming.
    “The constitution protects the right of the individual and when the rights of the individuals affect then the courts provide the relief to aggrieved person”.




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