The Human Rights Act 1998 was a constitutional mistake. Discuss Essay

The Human Rights Act 1998 was a constitutional mistake. Discuss - Essay Example Thus, HRA has altered the style in which the UK courts would approach the domestic legislation. Further, the opponents of the HRA vociferously argue that since the rights violation is already covered under the common law, there is no need to legislate separate law namely HRA. The critics argue that the Human Rights Act 1998 was a constitutional mistake." This essay will discuss why there is a need to repeal the current form HRA in an analytical way and arrive at a conclusion. Whether the Human Rights Act 1998 was a constitutional mistake? Two main allegations charged against HRA is that it politicises the judiciary and take away the legitimate authority enjoyed by the elected representatives, and it advocates a blame or compensation acculturation whereby society turns to be progressively more contentious5. One of the serious allegations against the Human Rights Act 1998 is that it remains as a hazard to public safety and rights. For instance, immediately after 9/11 attack in USA, the then British Home Secretary made an open warning to the judiciary to cease applying the HRA in ways, which frustrated the UK government plans. The leader of the conservative party is of the opinion that suitable amendments should be made in the HRA to deport those who were encouraging terrorism in UK soil as the HRA was demonstrating to be a barrier to safeguard the lives of UK citizens. Conservative party is of the opinion that HRA has created a culture that has hampered law enforcement machinery and the control of convicted criminal and obstructed the deportation of terrorist suspects. Conservative is also of the opinion that HRA has not succeeded in safeguarding the corrosion of the traditional liberties and may have even offered a facade of respectability. Lord Chancellor during March 2009 viewed his anguish that HRA has been commoditised which was corroborated by those who stressed their privileges in a selfish way without having concerned with the privileges of others. Critic s are of the view that HRA is more concerned with rights thereby totally neglecting responsibilities from UK citizens. Further, there has been ongoing discussion, whether or not the HRA has clouted the exact balance between the courts, Parliament and the executive. Critics have come against the provision in the Article 3 of the European Convention on Human Rights (ECHR) and deportation of terrorists which have placed the safety of the public at peril. Some critics vehemently argue that there should be a referendum, whether to retrench the Human Rights Act 1998 or not. Some critics have argued that there should be a referendum on any scheme to withdraw the HRA or to introduce the Bill of Rights which would basically cement some freedoms of individuals6. HRA will extremely impact statutory interpretation. HRA offers the court with the power and obligation to interpret and apply the law in a style that caters the ECHR obligations. It is alleged that HRA falls short of authorising UK co urts to annul legislation, which is not compatible with the ECHR. Clause 3 demands the UK court

Proposed design for residential dwellings and retail super markets Essay

Proposed design for residential dwellings and retail super markets near Lichfield Basin - Essay Example The proposal also highlights the preventive measures that need to be incorporated in view of flooding, soft and moist clayey ground, damp patches in buildings. The other design considerations include the spacing between dwelling and the development of garden in nearby area. Thus the single major aim of this design proposal is to develop sustainable dwellings and retails that are contemporary with good aesthetics 2. Performance requirements for buildings: The proposed site is a basin area and hence requires a careful design with respect to structural stability, good thermal and sound insulation and availability of natural lighting. The materials that provide good insulation are prescribed in the EST guidance, â€Å"Insulation materials chart - thermal properties and environmental ratings† (www.energysavingtrust.org.uk/housing , CE 71) and that for airtightness in â€Å"Insulation materials chart - thermal properties and environmental ratings† (www.energysavingtrust.org.u k/housing , CE 137). ... According to the Building Regulations Approved Document E of the Department for Communities and Local Government (Resistance to the passage of sound, 11 -17) of the building regulations, the attenuation values for airborne sound and impact sound could range from 3dB to 8dB. The credits in the certification is 1 for 3dB attenuation and for 8dB attenuation, the credit is 4. Insulation tests are carried out in pre-completion and post completion stage by test bodies accredited by UKAS. The thermal insulation is assessed by the Heat Loss Parameter. The long term thermal insulation of the building depends on the structure of the building. The Heat Loss parameter gives a statistical measure of the thermal insulation of the external surface area including construction and airtightness. A lower value of heat loss parameter specifies efficient design in terms of thermal insulation. The design and location of hot water cylinders, insulation pipes and cold water tanks needs more attention. ( I h ave removed some text here) During construction the design and mode of temporary supports need to be assessed and decided by a competent structural engineer who has sufficient knowledge about the load bearing ability of different materials. According to the Building and Construction Authority (â€Å"GUIDELINES FOR STRUCTURAL ENGINEERS†, www.bca.gov.sg/), the structural investigation of a building involves checking the structural plans, calculations of load bearing ability, testing the strengths of materials and carrying out load tests on parts of the building. As stated in the technical guide, of Department for Communities and Local Government