To what Extent are the Companies Vested with Constitutional Human Rights under the UK Law?

Abstract

The existence of a UK constitution is undeniable in as much as the UK constitution is characterised by a code of rules guiding the distribution of functions and powers among the agencies and officers of the government as well defining the relationship existing between them and the public. This fundamental feature forms the essence of a constitution and is reflected on the UK constitution. As a country with an established constitution, the UK has also recognised the constitutional human rights. The issue concerns the constitutional human rights applicable only to the natural person and which also extend to the corporate person. In law, the company is seen as a person with a distinct personality from the corporate members. A corollary to corporate personality is that the company is entitled to some constitutional rights as a person in law. The constitutional human rights of the corporate person recognised under the UK law include the right to fair trial, right to property and freedom of expression and information. This essay critically examines the attribution of these constitutional human rights to the company conclusively affirming the validity and justifiability of their recognition.

Keywords: Freedom Of Expression, constitutional rights, right to fair hearing, right to property

Article Review Status: Published

Pages: 49-71 (Download PDF)

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