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Have the courts struck a balance between the protection of individual rights under The Human Rights Act and Parliamentary sovereignty?
The traditional Diceyan view was that the role of the judges is to protect civil liberties and human rights through the common law, and by judicial interpretation. Dicey placed great emphasis on the fact that there was no need for a formal document laying down the rights of the individual, as the remedies of private law provided adequate protection. His view was backed up by the classic decision in Entick v Carrington, where the courts reinforced the rights of the individual against the state. However, the courts have not always been so zealous in defending rights and liberties, as cases s…
- Differences between UK and Latvian Law System
- Have the courts struck a balance between the protection of individual rights under The Human Rights Act and Parliamentary sovereignty?
- Latvian Courts
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