"A pupil(TM)s disciplinary exclusion from school amounts to a clear denial of the child(TM)s right to education. Discuss.
"A pupil's disciplinary exclusion from school amounts to a clear denial of the child's right to education." Discuss. The right to education has been recognised and established in both international and domestic law. Exclusion is a contentious issue as it can endanger and disrupt this fundamental right for the often very vulnerable and troubled child. However, in considering whether exclusion leads to a true denial of that child's right to education we must examine both the process of exclusion and the provision of education provided to children following exclusion. We must also consider the extent to which allowing a disruptive child to remain in the classroom might infringe upon the right to education held by all other pupils. Essentially there is often a conflict of rights and interests in exclusion cases; an appropriate balance must be struck between them. This essay will establish the source of the right to education and consider its strength in UK law. The provision of education for excluded children will then be examined, with a focus on the exclusion process and alternative provision. I will consider whether the right to education can actually be said to be infringed by exclusion, and if it can be, whether such infringement is a necessary measure in protecting the rights of others. A Right to Education: Education has been recognised as a basic human right in
The polluter pays principle (herein PPP) stems from the international sphere1, and requires that the cost of the pollution be borne by those that cause it. As one of the principles laid down in the Treaty of the Functioning of the European Union (TFEU)2 environmental law of the European Union (EU) is required to be based on PPP as well as the others principles identified in the Article. As a general principle PPP is explicitly mentioned or implicitly referred to in a number of Multilateral Environmental Agreements3, despite this no other principle has caused such profound disagreement,4 in order to understand the reasoning's behind the disagreements, there is need for a detailed explanation and identification of the principle both in the national and international field. The principle has been associated with a proclamation by Plato that 'if anyone intentionally spoils the water of another... let him not only pay damages, but purify the stream or cistern which contains the water...5' despite this the first reference to PPP at an international level was not until 1972 when the OECD6 realised a number of recommendations stating that PPP should be used for '...allocating costs of pollution prevention and control measures...'7and that the principle means '...that the polluter should bear the expenses...'8 After these recommendations PPP gained standing in other international
Law & Justice Laws are rules and standards of behaviour which are prescribed by authorities who enforce them with various sanctions. If a law is to be successful, it must be backed by a reasonable section of the community or it falls into disrepute and becomes meaningless. Law is about the control and directing of human social conduct and behaviour. In our legal system we have a number of areas of law dealing with different issues. Some laws deal with criminal behaviour, some deal with disputes between individuals and businesses known as civil, some deal with commercial transactions which is contract, civil disputes will include issues of negligence and nuisance. Law represents codes of social conduct, which society has decided should be compulsory. This might be described as the only common 'moral framework' there is. The law is a way of formally stating behaviour that is to be regarded as acceptable and behaviour that is regarded as unacceptable. There is no choice about which laws are to be obeyed, as they are mandatory. Justice is a difficult concept to define, the words a person may use when defining it might include fairness, honesty, equality and truth. The legal system tries to achieve justice for all individuals. Sometimes it succeeds and other times it fails. It is said, to be easier in seeing when justice has not been done than when it has. Law sets out to
Critically analyse the law on market abuse and its enforcement by the Financial Services Authority in the context of the aim of promoting efficient, orderly and fair markets.
Critically analyse the law on market abuse and its enforcement by the Financial Services Authority in the context of the aim of promoting efficient, orderly and fair markets. . Introduction: Market abuse can be defined as 'the misuse of information, the giving of false or misleading impressions, and market distortion.' 1 Efficient, orderly and fair markets are crucial as the financial services industry seeks to play an effective role in supporting economic activity by 'facilitating commerce, allocating savings [...] and allowing consumers to plan and make long term financial decisions in confidence.'2 As a consequence, a key objective for the FSA is tackling market abuse.3 The purpose of this essay is to critically analyse the current law on market abuse, before proceeding to assess the extent to which the enforcement activities of the FSA, are successful in promoting efficient, orderly and fair markets. As the single regulator, the Financial Services Authority (FSA) regulates the financial services industry in the UK.4 Under the Financial Services and Markets Act 2000 (FSMA), the FSA is given extensive 'rule-making, investigatory and enforcement powers' in order to meet its four statutory objectives.5 These objectives govern the FSA's general functions and cover: (I) market confidence; 6 (ii) public awareness; 7 (iii) the protection of consumers; 8 and (iv) the reduction
WOMEN ~ VICTIMS OF SEXUAL ASSAULT AND SOCIETY'S PREJUDICES 'It is little wonder that rape is one of the least-reported crimes. Perhaps it is the only crime in which the victim becomes the accused...'1 . INTRODUCTION The trauma caused by the victimization of women throughout history has been largely ignored, with many of the ignorant attitudes persisting even today. This is especially true for crimes of sexual assault against adult women.2 They are unique victims of crime because of the almost insurmountable issues they are faced with.3 The act of sexual assault violates their physical and psychological being and is truly a gender based crime that can have not only severe long term health and reproductive consequences, but cultural and religious ones as well.4 They also have to deal with the prejudices of a male dominated society that to a large extent, still believes the many ignorant myths surrounding the crime of sexual assault.5 The past two decades has seen an emergence of greater understanding on the impacts of victim crime, with considerable work being done in the area of victimology. Changing centuries of prejudice against women is a challenging task with many barriers to overcome, one of the greatest being the criminal justice system.6 This essay will explore how victims of sexual assault are treated by society and the common cultural myths surrounding
How do statistics and probability assist in the interpretation of evidence, and what are the problems that may arise when probability is introduced in the courtroom?
'Statisticians are familiar with variation, as are forensic scientists who observe it in the course of their work. Lawyers, however, prefer certainties. A defendant is found guilty or not guilty' (Aitken 1995 p.5). How do statistics and probability assist in the interpretation of evidence, and what are the problems that may arise when probability is introduced 'in the courtroom'? Statistics and probability assist in the interpretation of evidence in many ways, and can be both useful and confusing. In this essay I plan to look at a brief history of statistics and probability, as this will help to better define what they are and how they are used in a legal sense. I will also look at cases to determine the pros and cons of both statistics and probability, showing them at their most helpful, and also at their worst (such as in the Sally Clarke case). I believe this will help me to critically analyse them, and therefore answer the question better. Probability is the chance of something happening and the number of ways in which it can occur. In maths, it is called the "Probability Theory", and determines the likelihood using random variables, random processes and events (random or statistical). For example, tossing a coin once would produce a random result. However, if you repeated it many times, eventually a statistical pattern would appear from the randomness, allowing
19th Century Literature and Jurisprudential Implications. Victorian Legislation on Wife-Beating and Anne Bronte's "The Tenant of Wildfell Hall".
Before exploring the legal and jurisprudential influence 19th Century feminist novels, it is important to illustrate the extraordinarily extreme conditions that were placed upon the wife in Victorian England. Of course to assume violence was a frequent occurrence throughout England would be false, however such instances were anything but a rarity. From Frances Power Cobbe's famous essay 'Wife Torture in England' comes this emphatically graphic depiction demonstrating the sickening situation; 'John Harris, a shoemaker, at Sheffield, found his wife and children in bed; dragged her out, and after vainly attempting to force her into the oven, tore off her night-dress and turned her round before the fire "like a piece of beef", while the children stood on the stairs listening to their mother's agonized screams.'1 Victorian men beat their wives, and they did so, because the law let them, and this was the case until June 1853, 'an act was passed... entitled "An Act for the Better Prevention and Punishment for Aggravated Assaults upon Women and Children; and for Preventing Delay and Expense in the Administration of the Criminal Law"2. But how far was such a push influenced by literature? This essay will focus upon Anne Bronte's second and final book, The Tenant of Wildfell Hall. The Tenant was written in and around the similar time period that Anne's sisters' wrote Jane Eyre and
To understand if Parliamentary sovereignty has or has not diminished by the joining of the European Union (EU) in 1973 we must first look at the traditional meaning of Parliamentary sovereignty.
To understand if Parliamentary sovereignty has or has not diminished by the joining of the European Union (EU) in 1973 we must first look at the traditional meaning of Parliamentary sovereignty. The writings of influential author on the British constitutional law Professor A.V, Dicey1 , states that Parliament supremacy is 'the dominant characteristic of our political institutions'2 and went further on by saying ' The principle of Parliamentary sovereignty means neither more nor less than this, namely that parliament... has under the English constitution, the right to make or unmake any law whatever; and, further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation Parliament.3 So here Dicey believes Parliament is sovereign and no body or institution can overrule Parliament. One of the traditional principles of Parliamentary sovereignty is the the principle that courts must be obedient to Acts of Parliament, which is illustrated in the case of Madzimbamuto where Cockburn CJ held 'it would be unconstitutional for Parliament to do certain things...if parliament chose to do one of these things the courts cannot hold the Act of Parliament invalid.'4 Another important principle is implied repeal which means Parliament is unable to bind its successors, it follows legislation enacted by one Parliament cannot be
PLAGIARISM IS WRONG Discuss this statement, explaining whether or not you consider it to be correct. How should universities deal with cases of plagiarism in terms of investigation and penalties?
PLAGIARISM IS WRONG 'Discuss this statement, explaining whether or not you consider it to be correct. How should universities deal with cases of plagiarism in terms of investigation and penalties?' The word 'plagiarism' is shrouded in negative connotations: it is often referred to by words such as dishonesty and stealing; indicating that plagiarism is severely frowned upon and unjustifiable. The Common Law in the United Kingdom recognises this and, as a result, protects people's personal work under the Copyright, Designs and Patents Act 19881, further emphasising the fact that it is wrong because it allows someone to take credit for work that is not their own. Plagiarism at universities can take place in two forms. It can either be 'deliberate with the intention to deceive or accidental due to poor referencing'2. Deliberate plagiarism is currently the most common and treacherous form of plagiarism whilst accidental plagiarism is less of a concern. Despite extreme measures and constant warning, plagiarism exists - many students are disqualified and their studies discontinued as a result. A possible reason for plagiarism could be the vast reading material available; making it not only costly but almost impossible for universities to keep up with. It seems that students are able to access so much material that they can plagiarise from vast number of resources without
Legal Writing reflective essay. In this entry I needed to write a reflective essay on topic of Legal Drafting, which is one of the most important topics that lawyers must know
Westminster International University in Tashkent 5BA Commercial Law 2011 - 2012 To be completed by the student Student's ID number 00001403 Module name Commercial Foundations Module code UZB501 Tutor Yokubjon Isakov Individual assignment V Group assignment - Submission deadline 26.03.2012 For Academic Registrar use only Outline: 1st question________________________________________________2-3 2nd questions_________________________________________________3 3rd question________________________________________________3-4 4th question__________________________________________________4 5th question__________________________________________________4 References__________________________________________________5 Introduction: In this entry I needed to write a reflective essay on topic of Legal Drafting, which is one of the most important topics that lawyers must know, because it is essential knowledge that lawyer must possess. This topic is one of the most practical topics, and in our future lawyers life it will be basis of writing legal documents. Now I will need to critically analyze and evaluate my knowledge of topic through reflecting on work in class and individual studies. In this CW there are five questions and now I shall try to answer them. ) Describing the approach and/or mode of study and learning for this aspect of the module; For studying