...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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... 18546633 Essay Plan To what extent are restrictions on freedom of speech justified in Australia? While there are laws that restrict Freedom of Speech in Australia in order to protect fundamental rights and to limit discrimination which emerged from multiculturalism, the same laws can also clash with the liberty of the citizens and with the right of Freedom of Speech itself. Introduction To establish the boundaries between the defense of Freedom of Expression and of minorities has become a challenge for modern states. The consolidation of different groups (ethnocultural , sexual diversity , immigrants, religious) within the base community has generated the need to redefine and strengthen the defense of the human rights. As Will Kymlicka explains, cultural mix requires an inclusive process, which involves the establishment of a group of rights that recognizes and protects the minorities. Conversely, the ongoing struggle of the minorities has a major difficulty: the delicate border between the defense of their rights and the violation of the rights of the community. Firstly, this essay aims to explain the current conception of Freedom of Speech, since it is a controversial issue, focusing on the importance of that right for the Australian society and for the world. Secondly, we will analyze whether Freedom of Speech needs limits and the role of harm speech and offense speech in that topic in Australia. Finally, the third paragraph will...
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...Essay draft Andre Clayton- 1305719 Academic Writing 2 Wednesdays 2:00-5:00 PM October 4th 2015 Lecturer: Ms. Daidrah Smith University of Technology Jamaica Essay Draft Is water a free and basic human right, or should all the water on the planet belong to major corporations and be treated like a product? Should the poor who cannot afford to pay these said corporations suffer from starvation due to their lack of financial wealth? Water Privatization refers to the transfer of ownership of water resources from the public sector to the private sector. Countries such as Australia, Canada, Argentina and Britain all have private water supplies and are facing numeric challenges such as a lack of access to clean water, corruption in the process and a reduction in local control and public rights. Should Jamaica be allowed to go through the same problems these countries face? Water is a fundamental human right and should be available to all the people of the world for little or nothing. Due to it being a human right Jamaica’s water supply should not be privatized as privatization may lead to rate increases and poor water quality. Firstly, Privatization of Jamaica’s water supply would lead to rate increases. Over the years Private corporations increase rates to increase and boost their profits for which they are accountable to shareholders not to consumers. This would lead to customers paying more for water supply on their monthly bill since the private entity recovers its investment...
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...This essay will analyse key issues between companies and stakeholders and how corporate social responsibility has been accepted worldwide but it is not clear which companies or government companies behave in a social responsible manner. The relationship between companies and stakeholders is key ingredient in the success of any organisation. Making managerial decisions upon different circumstances is more difficult because the existence of different ethical approaches. A stakeholder is an individual or a group of individuals that affect or can be affected by corporate activity. Stakeholders are often loose grouping of factors that may be brought together and stirred into action by some specific circumstances as an example Shell and the kidnappings in Nigeria where militant groups have been kidnapping workers from oil companies in exchange of jobs. The key issue in this case is poverty and the lack of jobs in the region. Individuals who have been affected by this phenomenon created groups against the government policies and how the country is run. This stakeholder (militant groups) argue that the distribution of revenue from oil related activities is not fair, in the other hand the money made is been used to develop other part of the country while the area where the oil is exploited remains in poverty. Oil extraction activities are highly pollutant; it has affected the lives of fisherman and farmers. GlaxoSmithKline and Developing Country Access to Essential Medicines is...
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...The Stolen Generations – Assessment2 Essay 1 Indigenous Education and Perspectives Alana Zammit Swinburne Online University WARNING: Aboriginal and Torres Strait Islander readers are warned that the following assessment may contain images and names of deceased persons The Stolen Generations – Assessment2 Essay 1 Indigenous Education and Perspectives Alana Zammit Swinburne Online University WARNING: Aboriginal and Torres Strait Islander readers are warned that the following assessment may contain images and names of deceased persons Assessment2 2 As stated in the Bring them Home Report (April 1997) a national inquiry into the Separation of Aboriginal and Torres Strait islander Children from their families. It was first established by state government in Victoria in 1869. Then the other states followed. Later similar legislation is passed in other colonies: New South Wales (1883), Queensland (1897), Western Australia (1905) and South Australia (1911). The Northern Territory Aboriginals Ordinance makes the Chief Protector the legal guardian of every Aboriginal and ‘half-caste’ person under 18. Boards are progressively empowered to remove children from their families. The stolen generations has had a massive impact on Aboriginals throughout Australia. The Aboriginal people of the stolen generations’ lives have been changed and generations of families devastated from this. Children lost their parents and siblings when taken away. They also lost...
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...This may very well result in the creation of divisive sentiment of a nation. The U.S. Supreme Court in its rulings in Texas v. Johnson and U.S. v. Eichman, held that by criminalizing those who are found to have desecrated the U.S. flag violates constitutional rights (Goldstein, 1994). Although this is the guiding law related to such acts, it is important to note that lower courts have avoided addressing whether such acts are considered protected by the First Amendment as a form of symbolic speech (Wattad, 2008). While the courts have emphasized the constitutional importance of symbolic speech, there is no reference to application of criminal law as it relates to the offense (Wattad, 2008). Although conduct such as flag burning is presumed to be constitutionally protected, this does not mean that every person, simply because they have to right to such freedom, should be allowed to desecrate the flag (Wattad,...
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...LAW BALANCING COMPETING INTERESTS IN CORPORATE CONTRACTS I. Introduction As an abstract entity, a company can enter into contracts[1] only as a principal through the actions of a natural person (agent) exercising powers within the company’s express or implied authority.[2] Since outsiders and shareholders rarely transact directly, the agent may act opportunistically for their personal benefit.[3] Therefore, the appropriate objective of the law may be balancing in allocations of the risk of fraud and the costs of its avoidance.[4] In other terms, the rule must balance between the business convenience[5] for the outsider and commercial morality factors[6] to prevent fraud.[7] This essay attempts to answer whether the Australian law has got the balance right by analysing the issues relating to remained uncertainties in current statutory provisions. II. Innocent Parties According to the general law of agency, the contract will not bind the company if its agent or organ enters into the contract without actual or apparent authority.[8] This may have harsh outcomes for the outsider who may suffer significant loss (e.g. cases of loan transactions). Therefore, outsiders are always in risky position because of uncertainty of the agent’s authority to enter the contract and unawareness of company’s internal irregularities. On the other hand, if the contract would be binding to the company, the shareholders, who have not authorised the agent to enter into that contract...
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...Commanding the Heights: the Battle of Ideas This essay starts with an introduction of the documentary Commanding the Heights: the Battle of Ideas made by PBS, then conducts the analysis on the two competing economic ideas of Keyes vs. Hayek, and finally presents a detailed illustration of their impacts on the America’s economic policies since 1980. Introduction The PBS-made documentary ‘Commanding the Heights’ is to promote better understanding of globalization, economic development and world trade, featured with specific examples of different countries and interviews with related parties. Episode One "The Battle of Ideas," gives an overview of the battle between two major competing ideas about the world economy over the course of last century. On the one hand, the English economist Keynes believes in the ‘planned economy’ and advocates the government intervention to mitigate the risk during economic recession or depression; On the other hand, the Australian economist Hayek favors the free market mechanism and believes in minimum government intervention as market will eventually take care of itself and the prices system is at the heart of what makes a functioning economy work. The episode tracks the root of these ideas and explains how the world moved toward the government controlled economy during the 20th century in a chronological order summarized as below. The Russian Revolution in 1917 marked the beginning of communism economy, in which government is very important...
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...What the Government should do in regard to China policy following the 2013 Federal Election 30 July 2013 at 22:44 Some Australian commentators claim that Australia is at a cross roads, and that it is unprecedented that its largest trading partner is not its closest ally.[1] In fact, its major ally and largest trading partner are engaged in a Cold War power struggle. They go on to say that solving this ‘unprecedented’ situation is Australia’s greatest foreign policy conundrum for at least the next decade.[2] However, Australia’s situation is not unique, neither in the region nor in its own history. By considering the recent positions of the major political parties this essay will examine Australian and Chinese foreign policy in relation to the importance of the Australian-Chinese relationship and whether we need to choose between China and America. Lastly, I shall recommend strategies for the Australian government to implement regarding its China policy. The overarching foreign policy aim for both the ALP and Coalition is serving Australia’s national interest, which can be broadly broken down into four main goals: maintaining the territorial integrity of Australia, including the safety and security of its society and economy; ensuring regional stability and preserving the existing regional balance of power; the sea lanes that make up the arteries of international trade remain open; and responding to new security threats.[3] Included in the last goal are terrorism, international...
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...BUSM4176 Introduction to management--Essay Due Date: 11:59PM on October 18, 2013 Student Number: s3428065 Student Name: Shuning Qu Contact Number: 0424698201 Workshop Time: Friday 9:30AM – 10:30AM Tutor Name: Joy Barrett Table of Contents Topic 3 Introduction 4 Gender Equality in Workplace 5 Conclusion: 11 References List: 12 Topic Gender equality in the workplace is still a major issue of concern in many countries, including Australia. What is it that makes this such an apparently impossible issue to resolve? Critically examine the implications, of this gender inequality, for efficient and effective work and management practices in companies today. Introduction Gender inequality issue originates from Christian ideology, which advocates traditional thought of “male superiority to female”. In the workplace, gender inequality causes unequal treatment between male and female employees, such as women are typically more difficult to get promotions than male; they do the same work as male but get paid less than men, they even suffer from other issues such as sexual harassment. Sexual harassment exists in most countries including Australia. As long as the society couldn’t reach to gender equality, people’s human rights will be threatened whether people in the workplace, or anywhere else. This essay introduces the histories and background of gender equality, and further examines the gender equality improvement in Australia, as well as the effects of this...
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...Human Rights final essay What rights to privacy do celebrities have? Do many celebrities often have their privacy rights breached? Privacy rights are difficult to explain as every individual perceives them as something different. The privacy of celebrities in the media has been an issue since the start of time and has only been getting worse as technology is improving. I believe that everybody should have equal rights but unfortunately celebrities privacy rights are not acknowledged as much as they should be by most magazines, newspapers and other forms of media. High profile individuals are not looked at as normal people with real feelings, but rather as money makers and news stories. There is a blurred line in relation to privacy when it...
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...Arguments on Gun Control Arguments on Gun Control Introduction Gun control is law and policy which has been developed for the purpose of restricting the import, production, shipment, possession, use and sale of the firearms. There are variations in the laws and policies of gun control around the globe. There are strict gun control policies in United Kingdom. On the other hand, the gun control policies in United States are modest. Many people claim that the gun control policies are very effective and there should be strict control on the implementation of these policies. On the other hand, a group of people thinks that the gun control policies are not so effective and there should be no strict policies on the firearms. Thus, the both sides provide their arguments on the issue of gun control. The main aim of this paper is to persuade against the policies of gun control. The paper is 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...
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...Donald Bradman From Wikipedia, the free encyclopedia "Bradman" redirects here. For other uses, see Bradman (disambiguation). Page semi-protected Sir Donald Bradman DonaldBradman.jpg Personal information Full name Donald George Bradman Born 27 August 1908 Cootamundra, New South Wales, Australia Died 25 February 2001 (aged 92) Kensington Park, South Australia, Australia Nickname The Don, The Boy from Bowral, Braddles Height 5 ft 8 in (173 cm)[1] Batting style Right-handed Bowling style Right-arm leg break Role Batsman International information National side Australia Test debut (cap 124) 30 November 1928 v England Last Test 18 August 1948 v England Domestic team information Years Team 1927–34 New South Wales 1935–49 South Australia Career statistics Competition Tests FC Matches 52 234 Runs scored 6,996 28,067 Batting average 99.94 95.14 100s/50s 29/13 117/69 Top score 334 452* Balls bowled 160 2114 Wickets 2 36 Bowling average 36.00 37.97 5 wickets in innings 0 0 10 wickets in match 0 0 Best bowling 1/8 3/35 Catches/stumpings 32/– 131/1 Source: Cricinfo, 16 August 2007 Sir Donald George Bradman, AC (27 August 1908 – 25 February 2001), often referred to as "The Don", was an Australian cricketer, widely acknowledged as the greatest Test batsman of all time.[2] Bradman's career Test batting average of 99.94 is often cited as the greatest achievement by any sportsman in any major sport.[3] ...
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...legalising euthanasia? Much of this notion can be attributed to a mere political debate; however, euthanasia and assisted suicide are extremely controversial and in order to delve deep enough into the issue, the religious, legal, cultural, ethical and medical ramifications need to be explored. Often referred to as ‘mercy killing,’ euthanasia is defined as the ‘deliberate causing of death of a person suffering from an incurable disease or condition.’ (‘Euthanasia’ 2009) Although advocators see it as a way to relieve immense pain and suffering, many see euthanasia not as a ‘right to die’ but as a ‘right to kill’- ultimately ‘weakening society’s respect for the sanctity of life.’ (‘BBC’, 2013) In recent years, state and commonwealth governments have made significant changes and reforms to euthanasia law, although the effectiveness and validity of such changes are somewhat questionable. The purpose of this essay is to address the legal principles and relevant legislation regarding euthanasia, any issues surrounding the efficacy of such law, and outline the overall value it has to society. As previously asserted, euthanasia transpires when an individual carry’s out a deliberate act that causes the death of another, with the primary intention of relieving their suffering. The term ‘euthanasia’ is demarcated into a variety of different practices. Chiefly, it is divided into either active or passive euthanasia. Active euthanasia...
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...BUSINESS LAW BLO1105 2014 Prepared by Darren Parker BLO1105 – Business Law ------------------------------------------------- Business Law Students’ Manual ------------------------------------------------- 2014 Edition This Manual contains materials essential for all students undertaking Business Law, including: * ------------------------------------------------- Course Guide for Business Law; * ------------------------------------------------- Unit of Study Syllabus for Business Law: * ------------------------------------------------- Lecture Program for the Unit of Study; * ------------------------------------------------- Tutorial Programs and Questions; * ------------------------------------------------- Past Examination Papers; and * ------------------------------------------------- Other essential data regarding the Unit of Study. Manual and Tutorial Program compiled by Darren Parker (College of Law and Justice) VICTORIA LAW SCHOOL College of Law and Justice Unit Coordinator – Robert Alvarez Robert.Alvarez@vu.edu.au TABLE OF CONTENTS ------------------------------------------------- ITEM DESCRIPTION PAGE/S NUMBER 1. Table of Contents 2 2. Introduction 3 3. Assessment 4 4. Assignment instructions 4 -17 5. Assignment Topics for 2014 18-21 6. Tutorial...
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