3.3 What were the fundamental human rights which required protection? Earlier in this course you explored why certain rights were considered to be basic human rights. These can be described as those rights of individuals or groups relating to human dignity and fundamental freedoms, which require legal protection from adverse interference by the state, where those rights derive from the fact of being human. Such rights can be traced back to two aspects of international law, namely customary international law and treaty law. The former derives from the customs ad
4 OpenMark quiz You might like to make some notes on the course for your own use later. Here is an example of a student's notes. Introduction to analysis 2.1 Treaties, conventions and constitutions International human rights are part of a much wider area, public international law, which in broad terms encompasses law relating to the legal rights, duties and powers of one nation state in relation to its dealings with other nation states. These rights, duties and powers are set out in international treaties or conventions. Such treaties and conventions may be global in their application or restricted to certain regions of the world. Reference to a work on international human rights treati 1 Course overview This course will look at the concept of rights in their broadest sense: a freedom to do or be protected from something; a claim to do or enjoy something; a power to do something which affects others and not to be challenged over that use of power. This concept of rights defines the position of an individual and does not consider collective or majority rights. As you may already know, the subject of rights, Learning outcomes After studying this course, you should be able to: understand the historical growth of the idea of human rights demonstrate an awareness of the international context of human rights demonstrate an awareness of the position of human rights in the UK prior to 1998 understand the importance of the Human Rights Act 1998 analyse and evaluate concepts and ideas. Introduction This course considers the growth of human rights and humanitarian law before looking at the European Convention on Human Rights (ECHR) in detail. It will also look at the position of human rights in the UK and the effect of the Human Rights Act 1998. This OpenLearn course provides a sample of Level 1 study in Law Acknowledgements The following material is Proprietary (see terms and conditions) and is made available under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 Licence Grateful acknowledgement is made to the following sources for permission to reproduce material in this course: Co References Keep on learning   There are more than 800 courses on OpenLearn for you to 7.2 An EU constitution: moving the debate on In the next activity you will be able to build upon the previous one and observe the way in which the debate on the new EU constitution has progressed and moved to another level on its way to ratification. 7.1 Towards a constitution The European treaties establishing the European Union: create an institutional structure for decision making, and set out the freedoms of the individuals and the limits of the decision-making powers over the citizens. The treaty establishing a constitution for Europe was signed by the member states in October 2004. However, at the time of writing (2005), the process of ratification is in abeyance following the rejection o 6.5 The principle of subsidiarity This is defined in Article 5(1) EC and 5(2) EC. It requires decision-making bodies with responsibility for larger areas to perform only those functions that decision-making bodies with responsibility for smaller areas cannot fulfil themselves. For instance, the Treaty requires the Community to take action ‘only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States …’ and can ‘by reason of the scale or effects of the proposed act 6.4 The principle of proportionality This principle has been developed and refined by the ECJ and is also covered by Article 5 EC: Any action of the Community shall not go beyond what is necessary to achieve the objectives of this Treaty. However, given that the objectives of the Community are defined very widely in Article 2 EC, the principle of proportionality is not always the easiest tool for curbing EU legislative enthusiasm. 6.2 The supremacy of EU law Whenever there is a conflict between the provisions of EU law and the provisions of the domestic (national) law of a member state, then EU law will prevail. This is a principle which was developed by the ECJ as the relationship between domestic and EU law is not clarified by treaty provisions. This is an important principle, as it ensures the proper functioning of the EU. If an EU member state had the power to annul EU law by adopting new domestic (national) law which was in conflict with the 5.4 Summary of Part D Table 3 summarises the main aspects of Part D.
This free course is an introduction to analysis which looks at real numbers and their properties, with a particular emphasis on inequalities. Section 1 starts by revising rational numbers and their decimal representations. Then, real numbers are introduced as infinite decimals. Section 2 looks at rules for manipulating inequalities and finding the solution set of an inequality. Section 3 looks at various techniques for proving inequalities. Section 4 introduces the concept of a least upper bound
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Activity 7 A snapshot from the EU constitutional debate (2)
Table 3 Types of law and their effects
