The Supreme Court of Canada and the Charter: Democratic or Anti-Democratic?
The Supreme Court of Canada and the Charter: Democratic or Anti-Democratic? A democracy is a way of governing a country in which the people elect representatives to form a government on behalf of the country; with such a government, the idea is that everyone in that country has social equality. Social equality is state of uniformity in quantity, measure, value, privileges, status, or rights within a given society. Canada is thought to be a democratic country because, similar to the definition, the Canadian citizens select representatives by ballot to form a government on behalf of the country. The Canadian judicial system has two key elements by which to represent the country: The Supreme Court of Canada (group of 9 appointed judges) and the Canadian Charter of Rights and Freedoms. The Supreme Court of Canada stands at the apex of the Canadian judicial system. It is the final general court of appeal, the last judicial resort for all litigants, whether individuals or governments. Its jurisdiction embraces both the civil law of the province of Quebec and the common law of the other provinces and territories. The Canadian Charter of Rights and Freedoms is a set of laws revised by the Supreme Court in order to ensure safety, morality and equality to all citizens. Some individuals state that the Canadian judicial system is democratic as everyone has equal rights and freedoms and
Was The New Poor Law A Success Or A Failure?
Was The New Poor Law A Success Or A Failure? This question is asking me whether the New Poor Law Amendment Act, which was introduced in 1834, was more successful than then the Old Poor Law. The reason the New Poor Law was introduced was because too many able-bodied poor were claiming benefits without actually working and trying to gain money themselves through manual labour. They felt that if they were going to be given money anyway to top-up their wages, then why didn't they just claim the full amount from Benefits? Therefore, a new system was needed to ensure that the able-bodied poor would work for their money, and if they didn't they would have to work in very poor conditions in the workhouses. Successes of the New Poor Law There were many advantages of the New Poor Law, including a decrease in cost of poor relief, Education for children who lived within poor families and more able-bodied poor people working for their money. The Decrease in cost of poor relief meant that less people were willing to claim poor relief, as it was a lot less glamorous than it used to be. Less money was spent on the quality of food and housing within the workhouses, which meant that people held it in dread and didn't want to have to go there. The diet within the workhouses was worse than anything that was available outside, and the work was very demanding and challenging, with many people
Justices of the Peace - Magistrates Courts
MAGISTRATES Some 30 000 Justices of the Peace sit in a thousand or so Magistrates' Courts all over the country, and nearly 300 in Bristol alone. They are appointed by the Lord Chancellor on the recommendation of local committees consisting largely of existing magistrates. This process gives rise to the criticism - perhaps justified - that the selection procedures tend to favour the appointment of new magistrates whose views are compatible with existing members'. Magistrates must be aged between 27 and 65 at the time of appointment (though very few in fact are under 40); they must be British, Irish or Commonwealth citizens; they must be in good health (sufficient to enable them to do the job); and they must live within or close to the area served by the court to which they are appointed. They must have satisfactory hearing, but in 1998 the Lord Chancellor appointed the first blind magistrate for over 50 years, and several other blind people have been appointed subsequently. According to an official handout from the Lord Chancellor's Department, the key qualities sought in those applying to be magistrates are as follows: Good character: Personal integrity - respect and trust of others - respect for confidences - absence of any matter which might bring them or the Magistracy into disrepute - willingness to be circumspect in private, working and public life. Understanding and
prisoners rights
Introduction The degree of civilization in a society can be judged by entering its prisons. A society cannot be recognized as a civilized society unless it treats the prisoners with sympathy and affection. This treatment is not possible till the society recognizes and accepts their basic human rights and the fundamental rights. A prisoner, be he a convict or under trial or a detenu, does not cease to be a human being. Even when lodged in jail, he continues to enjoy all his basic human rights and fundamental rights including the right to life guaranteed to him under the Constitution. On being convicted of crime and deprived of their liberty in accordance with the procedure established by law, prisoners shall retain the residue of the Constitutional rights. The Universal Declaration of Human Rights, 1948 stipulates that " No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment"[1]. Article 21 of the Constitution of India, which recognizes that the right to life includes a right to live with human dignity and not mere animal existence, strengthens this mandate. Thus, a prison atmosphere can be accepted as civilized only if it recognizes the basic human rights and the constitutional rights of the prisoners and makes efforts for the effective and meaningful enjoyment of the same by means of prison reforms. Prisoner's Rights The prisoner's
Describe how the system of judicial precedent operates
Describe how the system of judicial precedent operates Along with the principal of an independent judiciary, the notion of trial by ones peers is perhaps one of the most important aspects of our legal system. This is why any suggestions of moving away from this principle of trial by jury are always controversial. A jury is a body of 12 persons from a cross section of society sworn to heed testimony and evidence in Her Majesty's court; and make judgement based in the evidence presented to them: this is known as their verdict. The verdict of guilty or not guilty in precedent years has had to be reached by a unanimous verdict, however over recent years this prerequisite has been changed so that if a unanimous verdict is not reached after the given time the jury may reach a verdict by 11-1 or 10-2 majority, at the discretion of the judge. In most common law jurisdictions the jury is only responsible for the verdict; it is the judge who decides on chastisement. Juries are only used in circuit courts for more serious cases such as fraud, murder, rape, assault, or burglary; however juries are sometimes required for civil cases such as libel. Criminal trials are held in the crown court whereas civil trials are held in the high court or county court depending on the severity. Under the Juries act (1974) as commended by The Criminal Act (2003)to be eligible for jury service one
Describe the special defences of diminished responsibility and provocation, Comment on the advantages and disadvantages of these defences.
Nicola Osborne a) Describe the special defences of diminished responsibility and provocation b) Comment on the advantages and disadvantages of these defences There are three special defences to a charge of murder which can reduce the offence from murder to manslaughter. These are diminished responsibility, provocation and suicide pact. Diminished responsibility Where a person kills or is party to the killing of another, he / she shall not be convicted of murder if he/she was suffering from such abnormality of mind (whether arising from a condition of arrested or retarded development of mind or any inherent causes or induced by disease or injury) as substantially impaired his medical responsibility in doing or being a party to the killing. Homicide Act 1957 sec 2 The law is that the defendant has to prove that their responsibility was diminished. They have to satisfy a judge and jury of this through the balance of probabilities. Elements which the defence must prove are that when the crime took place the defendant was suffering from abnormality of mind. Abnormality of mind is said to be where the state of mind is different from an average person and would be judged as abnormal by a reasonable person. In R v Seers (1985) the defendant stabbed his estranged wife, and claimed diminished responsibility on the grounds of his chronic depression. It covers the minds activities
Choose a novel in which the main character faces a dilemma - Set In Darkness - Ian Rankin.
Choose a novel in which the main character faces a dilemma Set In Darkness - Ian Rankin The dilemma which the character faces begins when a long-dead body is discovered in a Queensbury House fireplace, a homeless man throws himself off a bridge - leaving behind a suitcase full of cash - and an up-and-coming politician is found murdered. Under mounting pressure from above to solve the murder of Grieve as quickly as possible, Rebus is not surprised to find there are people willing to do anything to capitalise on Scottish independence, especially when it comes to profiting from Edinburgh's booming land values. The links between the three deaths lead Rebus to a confrontation with one of Edinburgh's most notorious criminals, a man he thought he had put in jail for life. The aspects of the text that I shall include in my essay are, theme structure, setting, and powerful characterisation, all of which helped me to have a deeper understanding of this novel. The theme of "Set In Darkness" is deception of the most deadly kind. There is corruption in high places, among the directors and politicians, always trying to further their careers, not caring who is in their way. Many witnesses to the murders lie to protect themselves and others around them so it becomes a large mess of files and paper, dating back over twenty years that Rebus has to untangle. The structure of the book
Lay People
Lay People In Britain crimes are committed everyday and people break the law. People who are accused of committing these crimes must be tried in a court of law where they are called the defendant. When someone breaks the law, they are accused of committing a crime against society so therefore it is a section of society that will judge them. These representatives are known as lay people because they are selected from the public to provide societies opinion in the courtroom. They are vital to the criminal law system of today and usually provide fair verdicts when judging someone. Even though lay people tend to be good representatives of society, there are problems that can hinder their effectiveness. In England and Wales there are two main types of court that deal with criminal cases, these being the Magistrates Court and the Crown Court. Crimes are split up into these two courts depending on how serious they are; Summary Offences being only minor crimes, Triable Either Way Offences being the middle range of crimes and indictable offences which are the most serious of crimes. Juries reside in the crown court where they hear indictable offences like murder, rape and GBH. Generally offences that have a minimum sentence of one year are tried in the crown court. However juries could also be made to hear Triable Either Way Offences, crimes that have been sent up to them from the
The Constitutionalisation of the Treaties by the European Court of Justice.
The Constitutionalisation of the Treaties by the European Court of Justice Introduction On it's formation in 1957 the European Economic Community Treaty1 was seemingly another international treaty to which the six original Member States2 had signed. In the realm of international law such treaties are binding merely on the governments of Member States which have signed them. In it's essential provisions, the Treaty made reference only to the Member States who themselves had no reason to believe this Treaty would be any different. However, it was latent from the start that this Treaty had the potential to extend beyond the reach of previous international treaties3. It provided for a unique institutional structure4 from which flowed unprecedented law-making and judicial powers. The focus of this essay will be on one of these institutions, the European Court of Justice (hereinafter referred to as the Court). According to the Treaty the purpose of the Court is to 'ensure that in the interpretation and application of this Treaty the law is observed'5. It was under the guise of 'interpretation' and in particular the use of Article 2346 that the court was able to attribute qualities to the Treaty that were not prima facie evident. This essay will trace how the court in conjunction with national courts used this Article to develop the doctrines of direct effect and supremacy,
abortion research
Abortion and Ethics Ethics of Abortion: Is it Moral or Immoral to Have an Abortion? Abortion is a Serious Ethical Issue: Usually debates about abortion focus on politics and the law: should abortion be outlawed and treated like the murder of a human person, or remain a legal choice available to all women? Behind the debates are more fundamental ethical questions which aren't always given the specific attention they deserve. Some believe that the law shouldn't legislate morality, but all good law is based upon moral values. A failure to openly discuss those values can obscure important discussions. Is the Fetus a Person with Rights?: Much debate about the legality of abortion involves debating the legal status of the fetus. If the fetus is a person, anti-choice activists argue, then abortion is murder and should be illegal. Even if the fetus is a person, though, abortion may justified as necessary to women's bodily autonomy - but that wouldn't mean that abortion is automatically ethical. Perhaps the state can't force women to carry pregnancies to term, but it could argue that it is the most ethical choice. Does the Woman have Ethical Obligations to the Fetus?: If a woman consented to sex and/or didn't properly use contraception, then she knew that pregnancy might result. Being pregnant means having a new life growing inside. Whether the fetus is a person or not, and
