Concepts And Theories Flashcards
What arises when the rights or interests of one individual or group clash with those of another in law?
Conflicting interests
Conflicting interests require legal systems to balance competing claims.
What is an example of a conflict between individual rights and public safety?
Anti-terrorism laws that restrict personal freedoms
Such as surveillance laws or detention without trial.
Which case involved the conflict between freedom of expression and public order?
R v Secretary of State for the Home Department, ex parte Simms
This case addresses freedom of expression vs. public order.
What is an example of a conflict between freedom of expression and protection from harm?
Defamation laws
They represent a clash between freedom of speech and another’s right to reputation.
Which case exemplifies the balance between freedom of speech and defamation law?
Reynolds v Times Newspapers
This case illustrates the balance between these two important legal principles.
What interests are balanced in employment law?
Employer rights and employee rights
This includes fair treatment and protection against unfair dismissal.
Which case addressed workers’ rights to form unions and collective bargaining?
Wilson and Palmer v United Kingdom
This case highlights the tension between employer authority and employee rights.
What must be balanced with the rule of law in the context of state power?
Government’s use of executive power
This includes emergency legislation and judicial oversight.
Which case discussed Parliament’s sovereignty versus executive power during Brexit?
R (Miller) v Secretary of State for Exiting the European Union
It illustrates the conflict between legislative authority and executive action.
What theory suggests the law should aim for the greatest good for the greatest number?
Utilitarianism (Jeremy Bentham)
This theory may compromise individual rights for the collective good.
Who argued that rights should not be easily overridden by general welfare arguments?
Ronald Dworkin
He emphasizes a strong presumption in favor of protecting individual rights.
What does Robert Nozick emphasize in his theory?
Individual rights and the need for a minimal state
He argues for freedom from excessive government intervention.
How do courts balance competing interests in human rights cases?
By interpreting and applying the law
They weigh individual rights against societal needs.
What is a proportionality test in legal contexts?
A test to determine if the law strikes a fair balance between individual rights and societal needs
It assesses whether legal measures are proportionate to their objectives.
