HUMAN RIGHTS

We will be considering human rights in Chapter 19, but by way of introduction to this subject, it is important to understand that this is an aspect of constitutional law, for it is under the constitution that individual citizens have duties to their 'Queen and Country' (the State) and the State has certain duties to protect the human rights of its citizens.

DUTIES OF THE CITIZEN

The duties of the citizen include serving in HM Forces when it becomes necessary, as in time of war. Citizens must also serve on juries, and give evidence in criminal or civil proceedings when required to do so. There are duties relating to the registration of births and deaths, or notifying the authorities of certain infectious diseases; and of course individuals must pay their taxes.

It is also the duty of every citizen to obey the law. This should be quite easy when we know what the laws are, but how is it possible when there are many thousands of laws, and we may know only a small fraction of them? In fact, contrary to popular belief, we are not all presumed to know the law.

John Selden, the jurist, wrote: 'Ignorance of the law excuses no man: Not that all men know the law, but because
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'tis an excuse every man will plead, and no man can tell how to refute him'. Again, in 1937, Lord Atkin said, 'The fact is that there is not and never has been a presumption that every one knows the law'. Lord Atkin said the rule is 'that ignorance of the law is no excuse', and that is the position. This means that if anyone offends against the law, it is no answer to say that as they did not know the law they should not be responsible for breaking it. Genuine ignorance of the law may be a matter that the court can take into account when deciding how to deal with a case, but, as Selden explained, if ignorance of the law could always be an answer to any charge, the entire justice system would be unworkable.

Date: 2015-01-12; view: 962