...FOUNDATIONS OF LAW 2010 Combined Law Essay Critically analyse the Australian Government’s proposed reforms for protecting and promoting human rights for the more vulnerable groups in Australia. A bill of rights alone will not protect the rights of the people. But nor will a majoritarian democracy. Contemporary democracy stands for more than just the primitive notion of according full power to the popular majorities of Parliament by the vote. It requires the recognition of Parliamentary sovereignty, and furthermore it calls for the preservation of the principles of rule of law, judicial independence and more importantly the rights of all individuals. Although the Government’s recently launched National Human Rights Framework promises a selection of human rights protection mechanisms, in light of its failure to provide a bill of rights that many Australians want, it is an inadequate attempt at promoting and protecting the more vulnerable groups. Even though the Framework claims that it reserves the function of statutory interpretation for the courts, in reality it empowers the Parliament with the capacity to “guide”[1] the courts into enacting legislation. The Government’s downplay of judicial influence cannot be ignored and this points to a discussion of whether Australia needs a bill of rights. The role of the courts also need to be evaluated with respect to the other branches of government, the legislature and the Executive, in an effort to attain a healthy balance between...
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...their bayonets and join the guard outside the building.The colonists responded by throwing snowballs and other objects at the British regulars, and Private Hugh Montgomery was hit, leading him to discharge his rifle at the crowd. Boston , the capital of the Province of Massachusetts Bay and an important shipping town, was a major center of resistance to unpopular acts of taxation customs officials seized the Liberty , a sloop owned by leading Boston merchant John Hancock , on allegations that the ship had been involved in smuggling. The crowd continued to press around the soldiers, taunting them by yelling, "Fire!", by spitting at and throwing snowballs and other small objects at them. [ 23 ] Richard Palmes, a local innkeeper who was carrying a cudgel (ie, club), came up to Preston and asked if the soldiers' weapons were loaded. He recovered his weapon, and was thought to angrily shout "Damn you, fire!", then discharged it into the crowd though no command was actually given. Palmes swung his cudgel first at Montgomery, hitting his arm, and then at Preston. He narrowly missed Preston's head, striking him on the arm instead. In the days and weeks following the incident, a propaganda battle was waged between Boston's radicals and supporters of the government. Anonymous pamphlets were published describing the event from significantly different perspectives. A Short Narrative of the Horrid Massacre, published under the auspices of the Boston town meeting, was...
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...Dutt in his Economic History of India under Early British Rule and Economic History of India in the Victorian Age made similar arguments about the exploitative character of British rule in India. M.G. Ranade published Essays on Indian Economics in 1898. Economic critique of colonialism laid foundation for nationalist movement in India. 2) Political, Administrative and Economic Unification of the Country: British rule introduced modern bureaucracy, professional civil service, unified judiciary and a uniform civil and criminal laws in India which resulted in the political unification of the country. British colonial state also introduced modern means of transport and communication such as railways, roads, electricity and telegraph which resulted in the unification of the country. Political, administrative and economic unification of the country gave a sense of unified ‘nation’ for the people of India. 3) Western Thought and Education: The spread of western ideas and English education in the nineteenth century resulted in the formation of country wide English educated Indian middle class intellectuals. They were exposed to western ideas of nationalism and nationalist movements and political systems. 4) Role of Press and Literature: The technology of printing press started to spread during the nineteenth century in...
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...Indigenous Policy Journal Vol. XX, No. 3 (Fall 2009) Book Review Essay Reviewed texts: The Politics of Minor Concerns: American Indian Policy and Congressional Dynamics, by Charles Turner. University Press of America, 2005. Taking Charge: Native American Self-Determination and Federal Indian Policy, 1975-1993. George Pierre Castile. University of Arizona Press, 2006. Why has there been so little social science research trying to explain recent changes in Federal Indian policy, particularly given the dramatic shifts of the last 40 years? Since 1970 the previous policy of termination gave way to an evolving selfdetermination policy, a dramatically expanded role for tribal governments, and the emergence of large scale Indian gaming. Even with these striking changes - and the expansion of Indian affairs as a policy area – there have been only a handful of social science analyses of the Indian policy domain (most notably Gross 1989). Much recent scholarship in the area has been primarily descriptive or interpretive (Castile 1992, Bee 1992), with research commonly driven by area expertise rather than guided by policy related theory. In his nuanced and theoretically-driven account, Charles Turner argues that Indian policy, like many other areas, is a "minor concern" to both policymakers and policy analysts. As such, Indian policy often doesn't fit the conditions or provide the variables featured by main theoretical approaches to explaining policy outcomes more generally. Unlike...
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...Freedom and What It Means To Me Freedom, like most words, is defined in different ways by different people. The definitions can change over generations. Even different regions of the world could have an alternate idea of what freedom means to them. Most people define freedom as being able to do what you want, when you want. Some find this definition to be very generic, and not truly touch on what freedom really means. Freedom goes deeper than being able to do, say, or act in any manner at any given time or place. According to Oxford Dictionary freedom means “the power or right to act, speak, or think as one wants without hindrance or restraint”. (Oxford Dictionaries) While this is true, someone can consider themselves free but still be contained by a higher power, and be obligated to obey the laws of human nature. Freedom is the power to do, say, and feel how you want as long as it doesn’t hinder someone else’s freedom. Most people believe that freedom is a right, but as we see in communist countries like North Korea and China, even your thoughts are controlled by the government. Some people believe that our freedoms are restricted by laws and other legal documents that on the down low affect our freedoms, but play it off like safety concerns. For instance if someone doesn’t like seat belts, they could argue that they are uncomfortable. They could add that they restrict movements when they are driving. Would they have the freedom to not wear a seatbelt? The answer is...
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...Should the US put boots on the grounds in their attempts at defeating the Islamic state? The humanitarian catastrophe created by Sunni jihadist rebels; publicised as the Islamic State of Iraq and the Levant (ISIL) or the Islamic State of Iraq and Syria (ISIS), has necessitated a military intervention by the US. The extremist group aims to create a worldwide caliphate where Muslims will unite under Sharia Law and ‘’challenge, and ultimately conquer, the West’’ (Brandon, 2006). There has been much debate as to whether the US should authorize the use of military ground forces due to the atrocities against civilians and barbaric killings against soldiers and journalists. However this essay contends, that despite the actions perpetrated by this terrorist group, a war will not put an end to the caliphate, therefore the US should not seek to put boots on the ground in attempts at defeating the Islamic extremists. It is right to say that the actions of jihadists cannot go unpunished, but the US putting boots on the ground will not defeat the Islamic state. If one understands the reason as to why the terrorists are obligated to what they do, then it is clear to acknowledge that a war will not stop them. As globalization spreads and societies become increasingly interconnected, Muslims have a choice; accept western beliefs to better integrate or preserve their spiritual purity by rebelling (Baylis, Smith, & Owens, 2011, p. 371) And this is why for many years, Muslims have fought...
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...household with guns (Sarah, “A Timeline”). Recently, there has been a discussion on guns and what exactly the founding fathers had in mind when writing the Bill of Rights. This essay will be a study about gun control and the current state of the publics opinion on the topic. The best way to start this discussion is to analyze the history of firearms in America and how legislation dealing with them has changed...
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...In this essay I will argue that the ‘war on terror’ declared by the Bush administration and so assessed for the US; is not a just war. It fails in the central interrelated criteria of just cause and last resort for jus ad bellum, which I detail first through assessment of the Bush administration’s self-proclaimed just reasoning behind resorting to war against a concept, and the alternatives available to it, I will then detail its failure in the jus in bello criteria of discrimination and proportionality, reasoning through the case of drone warfare. Jus ad bellum I shall firstly focus on the crucial jus ad bellum principle of just cause, holding the only just cause for war to be self-defence . The USA and its allies suffered unjust, unprovoked terror attacks, notably to embassies and battleships, as well as ultimately the 9/11 disaster, and further possessed reputable evidence of other failed attacks. Thus this essay acknowledges that they were under-attack from a powerful and effective enemy, which could be reliably pinpointed as Al Qaeda. These attacks were focused on non-combatants in landmark locations; deliberate targeting for maximum terror spreading effect, which further represented an attack on western freedoms. Hence the assailant satisfied neither jus ad bellum, nor jus in bello, and without immediate and effective action there existed great potential for further unjust attacks. This was the Bush administration’s argument for sufficient reason to declare war in self-defence...
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...John Schiman Compositions II Ms. Birks 9/26/11 Five Freedoms Don’t Exist This Essay asked my opinion about which of the five freedoms do I value the most and why. I will start by saying that the five freedoms are religion, speech, press, assembly, and petition, I don’t know what freedom of association is, but it’s not one of the freedoms in the Bill of Rights. I do not value any of these supposed rights, because in my opinion, and in my own personal experience, these rights do not exist in society today. When the bill of rights was first written, times were very different. I won’t presume to know what it was like, but I imagine people did not lie, cheat and steal to be successful the way they do today. I do believe that it probably happened on occasion, but today it is the standard. I also believe that anyone that thinks these rights still exist today is very naïve, or just plain ignorant. All one has to do is watch the news, or read a news paper, and one can find examples of violations of these rights. Regarding the Freedom of Speech, this one is sketchy; you could say that it exists in certain situations, but not anywhere at any time. Try to tell a politically incorrect joke at work and you’re liable to get fired on the spot. If you get pulled over by the police for a minor traffic violation you best keep your mouth shut or you may be arrested for interfering with the duties of a peace officer. Everywhere you go, you will find that you do not have the freedom...
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...Surname| 7 Name Tutor Grade Date Outline The following essay is divided into the following sections: • Introduction • Definitions • Positivism • Realism • International law • Conclusion • List of works cited Introduction Law is a concept of governance that involves the stipulation and establishment of rules and regulations that are enforced to shape politics, economics, and society. It is put in place by various governmental institutions to govern a community. Law moderates our day–to-day lives with regards to human relationships. It has various concepts to it; company law, property law, trust law, criminal law, constitutional law, administrative law, international law, and civil law. The study of law allows for review and revision of these rules and regulations ensuring that none is faulty or biased in any manner to a single party of the human population. Definitions The above mentioned concepts are in light of the various activities we indulge in. Contract law deals with regulation of trade terms relating to establishments of contracts. Property law deals in ownership rights and ownership transfers of personal property. It is often called Chattel law. We can say that Trust law applies to assets that are secured for financial reasons. A concept of law that was not mentioned previously in the introduction part is Tort law. This law enables one to apply for...
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...comprised of both the arguments in favor and against of the gun control policies. Discussion It is so easy to understand that without guns or rifles, killing of criminals would have been much more difficult to consummate, which is sometimes hard to explain how it is possible that guns are legal in the largest and most powerful democracy in the world. But it is undeniable that easy access to firearms greatly facilitates this sinister task (Amo, 1989). The criminals have committed one of the latest killings with firearms that shook Americans, 14 Dead Colombine students in 1999. With the use of firearms, criminals made the last great slaughter at a university, the 15 dead at the University of Texas in 1966. With firearms, almost daily acts of revenge or punishment occur in the workplace or at home. And with the use of guns each year more than 10,000 people die in the U.S., according to the latest official figures available. Almost half of American families keep in a...
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...became her central characters, her novels primarily seen through women's eyes. Thomas Hardy, since his career began, has been notably associated with his portrayal of female characters. Erving Howe even writes about 'Hardy's gift for creeping intuitively into the emotional life of women.' (Boumelha 1982: 3) From this point of view, I intend this essay to establish a comparison between Gaskell's 'fallen woman' in Mary Barton and the way in which Thomas Hardy frames his central female character in Tess of the D'Urbervilles. !Note the same structure for the next paragraph: a broad display of reference and knowledge, with a strong final sentence. In the context of the nineteenth century, there emerged an increasingly ideological 'rethinking' of sexuality, particularly of the female. Darwin's Origin of Species in 1859 and The Descent of Man later in 1871 argued that men and women were somehow mentally different. Darwinian sociology led to sexual stereotypes such as Clement Scott's 'men are born "animals" and women "angels" so it is in effect only natural for men to indulge their sexual appetites and, hence, perverse, "unnatural" for women to act in the same way.' (Quotation from Boumelha 1982: 18). The centrality of the female characters in both novels brings into question the problems concerning the female nature. !Lots of quotations in the next paragraph. Note how the writer keeps them short, and uses each one to make part of the argument. There's more interpretation than...
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...David Turks Burke-8 American Lit May 3, 2013 Child Soldiers What accounts for the phenomenon of child soldiers in Africa? The primary cause contributing to the recruitment of child soldiers in Africa is poverty. While other factors such as ‘war’ itself, proliferation of small arms, lack of education, displacement all inevitably lead to child soldier recruitment, it is however poverty at the root of these circumstances. Therefore this essay shall argue this case by examining how Africa has come to have such high levels of poverty and by showing the association between other factors and that of poverty. To establish what is meant by the term ‘child soldier’ it must first be defined and a brief description offered that explains the recruitment practices used. This in turn allows the reader to better comprehend the devastating outcomes when underlying causes such as extreme poverty are not addressed. Subsequently this essay examines the factors that account for the phenomenon of child soldiers in Africa and through this examination of causal factors it will become apparent that poverty is a recurring theme. Once it has been established that poverty is indeed the major cause of child soldier recruitment attention is then given to what is being done to stop it. Finally consideration must be given to the problems that arise when addressing the issues of disarmament, demobilization and reintegration of the child soldier back into the community, to avoid a replication of the...
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...something given by God, which means that gender cannot be changed. Most scholars would perceive such theory as Gender Classification by Nature. Other argue that gender is a result of modification and influence of the shape of social institution that constructs and develops its profile on an individual. Thus, gender is based on social-view perception instead of being given and determined biologically. Gender also is recongnised as being derived from Nurture (Nurture Theory). This essays attempts to discuss the application of the above mentioned theories and ideas related to the writer’s social environment and cultural background in Indonesia, where gender is considered as a term derived naturally from God and granted as it is through biological status. Due to globalization and influence of international culture in Asian countries, this notion of gender has changed. In Indonesia, the interpretation of gender has been developed through social constructivism. In conclusive remarks, the essay will...
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...Question-01: The Constitution declares that the sovereignty lies with the people and constitution is the embodiment and solemn expression of the will of the people? 1.0 Introduction: Do we have a right to hold opinions that differ from others? Can we write and publish what we think? Can we protest to your government if we disapprove of its policies? Can the government search and seize our property? Can we be arrested and held without trial? Can the government treat us differently than it treats other people? Every country is based on some kind of law. Some of those are arbitrary powers, however over the years the only rule that seems to dictate the terms is the rule of law. As a citizen, we must know our constitutional rights in order to assert them. One of the basic principles of the any constitution is the rule of law.Actually sustainable development and good governance mostly depends on the proper application of rule of law. Laws are made for the welfare of the people, to bring a balance in society, a harmony between the conflicting forces in society. One of the prime objects of making constitution is to maintain law and order in society, a peaceful environment for the progress of the people. 2.0 Sovereignty of the people: Today, most modern states have followed written and fixed constitutions. A constitution presupposes the universe of a constituent power, as distinguished from other constituted powers, created by the constitution itself. Constitution is the highest...
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