THE LIMITATION CLAUSES ON HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS: THE ROLE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION (CJEU)

Abstract

A society based on democratic rule has to confine some of individual rights for sake of its own existence and the public interest i.e. to preserve its democratic nature, uphold the public health and order and provide public education as well as other national objectives. The state needs to put limitations on the exercise of some rights so that it could achieve these goals. It results in realization of peculiar nature of the democratic political set up which is based primarily on the trust between the society and its members. In order to maintain its standards of a democratic state, United Kingdom, for example battles to preserve a real balance between the public interests and individual rights. Although human rights are believed to a dominant feature in all democracies, however, the degree of its importance differs from democracy to democracy. Consequently, there is lack of consensus on the balance between the rights of individual and the interest of society. This is the point where the principle of proportionality comes to play. This article analyses the limitation clauses on the human rights and argues how the states should put limitations on the exercise of human rights and freedoms. It also tries to point out the grey areas utilized by the states for covering up their poor human rights performances and records. For this purpose, the article uses the jurisprudence of the Court of Justice of the European Union.