Is it possible for freedom to be enhanced by government interference Essay

Is it possible for freedom to be enhanced by government interference in the lives of individuals - Essay Example These freedoms are seen as essential to the existence and maintenance of a leberal democracy. The position in the UK was very different and owed much to Dicey, and the Human Rights Act 1998. â€Å"†¦.With us the law of the constitution, the rules which in foreign coumtries naturally form part of a constitutional code, are not the source but the consequence of the rights of individuals, as defined and enforced by the courts; that, in short, the principles of private law have with us been by the action of the courts and parliament so extended as to determine the position of the crown and of its servants; thus the constitution is the result of the ordinary law of the land.†(Dicey, A.V, 1969,p.203) In other countries, the rights of the citizen are usually to be found enunciated in general terms in a Bill of Rights or other constitutional document. The effectiveness od such instruments varies greatly. A Bill of Rights is not an automatic guarantee of liberty; its efficacy depends on the integrity of the institutions which apply it, and on the determination of the people that it should be maintained. † Thus, to secure the individual’s right to freedom from unlawful or arbitrary detention, our law provides specific and detailed remedies such as habeas corpus and the action for false imprisonment. The rights which have been afforded in this way are for most part negative rights to be protected from interference from others,†¦.†(Allen, M, & Thompson, B, 2005, p.441) The legal remedies provided for interference with the citizen’s rights have in recent times been overlaid by procedures which are designed to afford not so much remedies in the strict sense of the term as facilities for obtaining independence and impartial scrutiny of action by public bodies about which an individual believes he has cause for complaint, even though