Balancing competing interests Flashcards
Why do competing interests exist in law?
In modern society, the law places many different rights and responsibilities on people, which can sometimes come into conflict
What does balancing mean?
Considering different viewpoints
How does Parliament try to balance competing interests?
Bills are scrutinised, debated at length and go through both Houses to ensure that all interests are considered before they are passed
How does the court system try to balance competing interests?
Judges and juries hear evidence from both the prosecution and the defence and make their decisions based on both sides
How did Roscoe Pound describe rights?
He separated rights into public rights and private rights. He argued that rights on the same level should be balanced (e.g. public against public), but if public rights conflicted with private rights, then public interest should prevail
How is Roscoe Pound’s theory seen in Miller v Jackson?
Even though the claimant succeeded in her claim of nuisance against the cricket club, she only received compensation and no injunction was granted which meant that the cricket team could continue - this shows some compromise, but ultimately how the public benefit prevailed
Give an example of a protest where there were conflicting interests
The Anti-Fracking Protests in Yorkshire in 2017
How are interests balanced in relation to murder?
The state recognises that murder is a serious offence and the mandatory life sentence reflects this, however there are several defences available which can reduce the charge to manslaughter or alleviate culpability completely to reflect the rights of the defendant
What are the conflicting interests in occupiers’ liability?
The occupiers’ right to conduct their business without disruption and to keep their land how they wish can conflict with a visitor’s right not be injured on their premise
How are interests balanced in occupiers’ liability?
Occupiers only have to keep their premises reasonably safe, unlawful trespassers are given less protection and an occupier isn’t expected to guard against unknown risks
What are the competing interests in nuisance?
The occupiers’ right to use their land as they wish and their neighbours’ right to enjoy their land peacefully
How are competing interests balanced in nuisance?
The use of partial (as well as total) injunctions and the availability of defences (such as contributory negligence) that reduces liability
