In country X a fascist dictatorship, oppressive legal measures are used to defy people basic freedoms. In country Y, a liberal democracy, the legal system upholds capitalism and human rights. From the Perspective of your approved topic (Critical Legal Stu
) In country X a fascist dictatorship, oppressive legal measures are used to defy people basic freedoms. In country Y, a liberal democracy, the legal system upholds capitalism and human rights. From the Perspective of your approved topic (Critical Legal Studies consider whether a legal system may be said to be anything more than a reflection of political power. The Critical Legal Studies (CLS) Movement originated in 1960 following the founding members participation in social activism surrounding the Civil Rights movement and the Vietnam War. Several CLS scholars entered law school during that period applying the ideas, theories, and philosophies of post modernity (intellectual movements of the last half of the twentieth century) to the study of law taking guidance from such diverse fields as social theory, political philosophy, economics, and literary theory1. This theory aims to defy and eradicate established norms and principles within legal theory and practice. The concept of this theory is that the reason and construction accredited to the law is dependent upon power relationships of society, advancing the idea of The law being in place to further the interests of the class that composed it and has disintegrated into a complication of viewpoints and discriminations that allow the injustices of society to operate legally thus the wealthy and the powerful exercise the law
Evaluate the extent to which the Human Rights Act 1998 is consistent with the traditional understanding of parliamentary sovereignty.
Evaluate the extent to which the Human Rights Act 1998 is consistent with the traditional understanding of parliamentary sovereignty. How is it that the British courts feel bound to disapply acts of parliament inconsistent with EU law, but not those inconsistent with European Human Rights law. Introduction In order to approach this question I shall focus on three areas; the Human Rights Act 1998 in relation to parliamentary sovereignty, British courts and the European Convention of Human Rights and the EU as an influence on British courts. Although it could be argued that the Human Rights Act 1998 is now entrenched into our constitution and legal system, this is not so much the case. In reality, the Act is no different to any other statute law and may be overturned by Parliament at any time; such is the doctrine of parliamentary supremacy. This will continue to be the case, so long as our constitution remains unwritten. Discrepancies between the European and British courts are founded on a difference in values between the two. Europe generally takes a broader approach to interpretation of legislation, giving greater emphasis to liberal individual rights, whereas the UK Parliament adopts a much more restricted and some may say selfish approach. This is the necessary approach for Parliament to take in our current given political and legal circumstance. Parliamentary
Examine roles and responsibilities within the legislative system of Scotland, of the various professionals and agencies, which would have been involved in the identified case studies.
The O'Donnells The law is produced by two main processes: by legislation and by rulings made by courts. Legislation (Statute law) comprises Acts of Parliament, Acts of the Scottish Parliament as well as legislation of the European Communities. Rulings made by the higher courts and binding in the lower courts is referred to Judicial precedent or (Case law). For civil cases in Scotland the House of Lords is the final Court of Appeal. There is a link between Statute law and Case law in terms of defining certain words in Statute law, i.e. "significant harm" Courts may be called upon for interpretation of such words. Assuming Michael had been detained in custody and appeared in court on the next lawful day, under the CP(S)A 1995 a Summary procedure would follow either in the District or Sheriff Court (case law). The Police would file a report to the (PF) whereby s/he would make further enquiries to build up a full dossier of evidence. The (PF), would decide whether the offence was serious enough to prosecute. At the First Court Appearance (on complaint) the (PF) would set out the charge(s), to the sheriff or magistrate. A Pleading Diet would follow, a plea of guilty would dispose of the case immediately, not guilty plea would result in a Trial date being set. A solicitor would have been appointed under s23(1) and 24(1) LA(S)A1986, whereby s/he would have the responsibility to
Canada's Anti-Terrorism Act - Terrorism Protection and Fundamental Freedoms
Canada's Anti-Terrorism Act Terrorism Protection and Fundamental Freedoms Lauren McLeod 250191600 Professor Ladner Political Science 230E March 30, 2005 On the morning of September 11, 2001, the Western World stood still. The death of thousands on American soil caused a ripple effect so wide the international community continues to experience the social, economic and political ramifications close to four years later. The '911' attacks, led by a militant Islamist group (Al Qaeda), were the most lethal ever by a foreign force on United Sates soil.1 Canadian parliament, certainly not immune from these effects, quickly enacted Bill C-36, the Anti-Terrorism Act (ATA). While Canadian society has long believed in fundamental legal safeguards, the terrorist calamity of '911', introduced new and potentially dangerous legal concepts.2 In the wake of September 11, many question whether it is terrorism alone that should be labeled as the sole concern, highlighted by the Western World's fears of the threats of misunderstood and unknown societies. Or is it the political response to terrorism, in the form of anti-terrorism legislature, such as Canada's Bill C-36, that should be highlighted as the real danger, with the attached possibility of undermining constitutional and democratic rights and values? Canada's Anti-Terrorism Act (Bill C-36) is justified under pretences of
Critically assess and compare the role and significance of two of the following in the black American civil rights struggle; labour unions, church, youth, white sympathisers.
Critically assess and compare the role and significance of two of the following in the black American civil rights struggle; labour unions, church, youth, white sympathisers. For this essay I am going to mainly concentrate on the role and significance of the Church and Youth up until around 1965 when the civil rights movement was largely associated with non-violence. Although the Church and Youth still played prominent roles after this period when the movement became in many sections more divided and militant, and although it would be very useful for this question to study this later period, on such a broad issue as civil rights it will be more valuable to concentrate on a stronger and detailed analysis of the earlier of these two phases rather than a thinner and weaker examination of both. Firstly it is important to recognise the role religion and the Church played in the upbringing and early lives of many future civil rights leaders, in particular those attached to non-violence. For example, Martin Luther King throughout his education was exposed to influences that related Christian theology to the struggles of oppressed people and King also often read and heard the sermons of white protestant ministers who preached against racism.1 Benjamin E. Mays, leader in the national community of racially liberal clergymen has frequently been described as being especially important
Theatre in Prison: The inherent Hurdles.
Theatre in Prison: The inherent Hurdles. "In Brazil, there is still capital punishment; we kill instalments, not the full man, we kill part of his life, corresponding to his sentence. We kill a man from eighteen to thirty."1 In order to sufficiently question the acceptance and effectiveness of Boal's cultural projects within the Brazilian penal system it is firstly vital to understand the fundamental degrading and inhuman conditions that they must contend with. The necessary evaluation of the Brazilian criminal justice system is problematical due to a lack of national contemporary research and information technology that is capable of unifying details on the subjectivity of the entire judicial process. The deficiency in trustworthy data consequently restricted my investigation solely to four internationally established research bodies whose analysis focuses on the state of neglect by and failures of public prosecution offices and the Judiciary leave both the physical and political conditions of the prison system itself. The collection of statistical reformatory information that follows is based on 'victimisation'2 and 'prison conditions' research undertaken by the UN, Ministry of Justice, Amnesty International, the British Council3 and the International Body for Prison Studies. I have created graphic representations to contextualise the information provided within a
"Œnone is ultimately responsible for the tragic outcome of Phèdre." Discuss.
"Œnone is ultimately responsible for the tragic outcome of Phèdre." Discuss. Classical tragedy is drama of elevated theme and diction with an unhappy ending. It must obey the three unities of time, place and action. Tragic characters have a fatal flaw that leads to their downfall. Phèdre is an example of such a play. The drama begins close to crisis point, with Phèdre's cursed love already causing her anguish. The play's tragic outcome culminates in the death of three characters: Thésée's falsely condemned son, Hippolyte, Phèdre's nurse and confidante, Œnone, who kills herself accepting the blame for the tragedy, and Phèdre, who poisons herself as she tells Thésée that Hippolyte died an innocent man. Thésée is left with the knowledge that his hasty, hot-tempered condemnation of his son led to his unnecessary death and Thésée, Théramène and Aricie are all left with feelings of grief. A further side to the tragedy is the mythological aspect of the play. The role of the Gods, destiny and the inevitability of the tragic outcome are essential to the plot. In this context, it is questionable whether Œnone alone can take the blame for the tragic outcome of the play. Although Œnone's schemes clearly contribute directly to the dénouement of the drama, it could be argued that this is just fate taking its course. The actions of the other main characters, notably
Local authorities responsibilty to asylum seekers. The question that needs to be considered is whether, the treatment of Mr Ashrif crossed the line between destitute defined in section 95(3) and the condition that was so severe that would properly be desc
Public Law Assessment The local authority has statutory responsibility to offer assistance to asylum seekers under s.21 National Assistance Act 1948 and s.55 of the Nationality Immigration and Asylum act 2002. "They have a duty to provide accommodation and benefits whilst they await the outcome of their come with the home office." An asylum seeker is defined as Art. 2(a) defines 'asylum seeker' as a person who "has made a claim for asylum which has been recorded by the secretary of State but has not been determined"1; this is currently the status of Mr Ashrif. With the limited fact of Mohammed Ashrif I would apply all legislation that might affect him. The legal basis for providing support to asylum seekers is under section 55 of the Nationality, Immigration and Asylum Act of 2002, it provides that asylum support under section 4, 95 and 98 of Immigration and Asylum Act 1999 can be refused if the Secretary of State is not satisfied that the asylum was made as soon as 'reasonably practicable'2 after the person's arrival in the UK. In this case the applicant Mr Ashrif submitted his asylum claim two weeks after entering into the UK. The prospective asylum seeker should apply immediately on arrival but that policy3 has been refined, it is accepted that those who did not claim asylum within three days and had no opportunity to claim asylum within that time would be treated as
Public Law
PUBLIC LAW 2002/2003: COURSEWORK 1. AMANDEEP SINGH GAHUNIA. 2ND YEAR LLB. Unlike the U.S.A. and Germany, the United Kingdom of Great Britain has no special legally sanctioned document, from which it derives the authority of the main organs of government, such as Parliament.1 However, it must be noted that the U.K. possesses a 'constitution' defined in the wider context.2 The vacuum left by an unwritten constitution is filled by the "twin foundations"3 of Parliamentary supremacy and the rule of law, "...the very keystone of the law of the constitution".4 Hence, whilst it is "...emphatically the province and duty of the judicial department to say what the law is"5 in countries such as the U.S.A., Parliament in the U.K can legislate on any topic, cannot be bound by its predecessors and no body may challenge the validity the of its Acts. Furthermore, the necessary democratic condition for the rule of law in modern British society and government is the "..threefold division of labour, between a legislator , an administrative official, and an independent judge"6 otherwise there would be "no liberty".7 Thus, the following essay will seek to analyse The Human Rights Act 1998 and Devolution, two of the Blair government's constitutional reforms. The extent and impact of change will be assessed in relation to the rule of law and the degree to which the doctrine of Parliamentary
The aim of this report is to discuss the possible remedies that a land owner can claim for when compulsory purchase works effect his property without actually touching any of his land.
INTRODUCTION The aim of this report is to discuss the possible remedies that a land owner can claim for when compulsory purchase works effect his property without actually touching any of his land. Where land is compulsorily acquired for public works, legislation allows landowners from whom no land has been acquired for those works to claim compensation under two distinct statutory provisions: Section 10 of the Compulsory Purchase Act 1965; and Part I of the Land Compensation Act 1973. The aim of this essay will be to discuss these two legal points point and highlight any irregularities with the cases. I will attempt to describe how this law is different from section 7 and how the courts have differing views regarding the rewarding of compensation for the two sections. At the end of this essay I will attempt for the reader to have a good understanding of the laws but more importantly the arguments surrounding them. What Is Section 10 Section 10 is contained in the Compulsory purchase Act 1965. This enables a claim to be made during the construction process only of a compulsory purchase scheme. The relevant provision which is found in section 10 is based upon a similar provision contained in section 68 of the Lands Clauses Consolidation Act 1845. Although a literal interpretation of the words used in section 68 did not provide the basis for any substantial compensation