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[Edit]Freedom of association

Main article: Freedom of association

The right of freedom of association implies the right to join, form, and withdraw membership from groups, associations and partnerships of different kinds. Respect of this principle can be found in the relative ease by which companies and trusts can be set up. The right is also expressed by the doctrine of freedom of contract whereby one individual has a full and free right to enter into a contract with another individual, and also by the lack of regulation of political parties.

In employment law, an individual has the right in certain circumstances to affiliate with a trade union, an employee can claim unfair dismissal if he is dismissed for trade union activities and is protected from discrimination on the basis of his trade union activities. However, there is no obligation on employers to recognise collective bargaining agreements except in certain very limited circumstances and their role has declined significantly.

The right of freedom of association can be restricted on grounds of public order and national security. See for example the Public Order Act 1936 and the Prevention of Terrorism (Temporary Provisions) Act 1989.

[Edit]Right to participate in government

The Representation of the People Act 1983 confers the right to vote on British subjects and citizens of the Commonwealth and Ireland who are resident in the UK. In addition, citizens of Member States of the European Union have the right to vote in local elections and elections to the European Parliament. The right to vote also includes the right to a secret ballot and the right to stand as a candidate in elections.

[Edit]Right to protection of the law

A number of principles combine to guarantee an individual a certain level of protection by law. Firstly, the presumption that a person is innocent of a crime of which he is accused until it is proved otherwise. In discharging the burden of proof, the onus is on the prosecution (see Woolmington v. DPP). Secondly, according to the principle of nullum crimen et nulla poene sine lege, an individual cannot be convicted of an offence which was not provided for by law at the time of his conduct. Thirdly, an individual is entitled to confidential and free legal advice (see legal aid). Finally, every person is entitled to a fair and speedy trial and free and unimpeded access to the courts.

[Edit]Right to property

Protection of the right to own and enjoy property is found in the criminal offence of theft, by intellectual property laws and by the principle that there can be no taxation except that which is authorised by Parliament. In addition, the principle of natural justice affords protection of property in that a court with powers to affect an individual's property rights is obliged to allow that individual the right to be heard before it proceeds (see Cooper v Wandsworth Board of Works (1863)). The right to property is qualified by compulsory purchase laws.

[Edit]Economic and social rights

Main article: Economic freedom

The right to education is guaranteed by the Education Act 1944, and the right to housing is enshrined in the Housing Act 1985. The enactment of the National Minimum Wage Act 1998 installed aminimum wage and the Social Security Contributions and Benefits Act 1992 provides access to social security benefits.

The right not to be unjustly excluded from the exercise of a trade or profession has been recognised by the courts (see Nagle v Feilden [1966] 2 QB 633).

There is no positive right to healthcare. The National Health Service Act 1977 imposes a duty on the Secretary of State to provide "adequate" healthcare, but the courts have not thus far been willing to enforce this duty.

There is no unqualified right to strike in English law and participation in strike action will generally constitute a breach of the employment contract of the workers concerned, even a criminal offence in certain cases. However, dismissal of an employee for taking strike action will constitute unfair dismissal.

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