...and Chapter Six of the Ghanian Constitution of 1992, both made provisions for the Fundamental Objectives and Directive Principles of State Policy, which are intended to guide all citizens, Parliament, the President, the Judiciary, the Council of State, the Cabinet, political parties, and other bodies and persons in applying or interpreting the Constitution or any other laws.[1] The directive principles cover political objectives, economic objectives, social objectives, educational objectives, cultural objectives, international relations, and duties of citizens. The main issue that relates to the directive principles is their constitutional status; whether they are justiciable or not justiciable and this is applicable to both Ghana and Nigeria. A policy is a guide to the achievement of an objective. By constitutional policy, we mean the principles and objectives set out in the Constitution of the Federal Republic of Nigeria of 1999 (CFRN 1999) which act as a guide to achieving governmental objectives. A government without a guide is like an aircraft without a compass. In the words of Oguntade (JSC), the Constitution is the very foundation and structure upon which the existence of all organs of governance is hinged[2]. The arms of government have a valid constitutional legitimacy when they are not only recognised by a constitution but are duly regulated by the constitution in terms of the structure, scope of their powers and matters...
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...that he be censured, fined, and deprived of his seniority and instead voted to exclude Powell from the House. Speaker McCormack was to notify the governor of New York that the seat was vacant. Powell and thirteen constituents filed a lawsuit against McCormack claiming that the refusal to seat him violated the qualifications clause of the Constitution. The district court dismissed the case for lack of subject-matter jurisdiction....
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...in the United States. “At the federal level, as so in many states, litigation remains a normal rather than extraordinary feature or the administrative process” (Rosenbloom, 2003). Agencies are often sued by individuals and entities that they regulate. Statues and administrative rules are enforced by an agencies use of litigation. In some instances, federal agencies are sued by each other i.e. United States Department of Defense v. Federal Labor Relations Authority (FLRA) which was the result of trying to enforce a petition to order requiring respondents to comply with FLRA order to cease and desist from committing unfair labor practices...
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...transparently in making administrative decision. It is in line with these objectives that the public can obtain access to documents under Freedom of Information from various agencies. Smith has the option to apply for internal review but since his access decision was made by the Attorney General personally he has no recourse to internal review. Other than that he would have 30 days to apply for an internal review and must notify the applicant within 30 days of receiving the application and it always better and quicker to apply for internal review before resorting to external review. Anecdotal evidence suggests that internal review can be quick, cheap and most likely can lead to a reversal of a decision. You can appeal to your federal member of parliament in your constituency who may have contact with the Attorney General for assistance in this matter. Your MP would have a considerable influence if he and the Attorney General are in the same party and can possibly lobby on your behalf. This avenue should be last after judicial and merit reviews are finalised. Another subtle way is to appear or ring on a talk-on back radio to publicise your case to get into the ears and attention of the relevant authorities. Mr Smith can apply to the Information Commissioner for a reviewable decision under section 54L of the FOI Act. He has 60 days after decision was given under s 26, s 54S (1). The original decision is deemed to have been affirmed within 30 days without extension...
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...Law and Politics 9/2/15 Office hours 10-11 Monday and Wednesday Hickman 411 What is law- set of rules made by government and enforced by government 4 Institutions that make Laws 1. Legislative Bodies (Ex. Congress, State Legislators, City council) Statutory Law 2. Courts/Judges- Set precedent by ruling: Common Law 3. Executive Branch: bureaucracy/administrative agency Administrative Law 4. Constitutional Law 9/4/15 Constitutional law-makes rules for govt Has gone largely unchanged Blueprint Creates and limits govt Fundamental law that sets up rules for how other kinds of laws can be made What isn’t in the Constitution? Democracy Separation of church and state Right to privacy Right to education One-person one vote Political parties God Articles of Confederation -1777 Loose association States retain sovereignty One house Congress Every state one vote Needed 9 to pass Couldn’t tax Problems Congress little power No taxes State sovereignty Own paper money States could sign foreign treaties No natl army No executive No national courts Shays Rebellion Final spark for constitutional convention Constitutional Convention Philly 1787 Signed in Sept 39 out of 55 delegates Undemocratic Elements Slavery: 3/5ths compromise, no ban on slave trade till 1808 Fugitive Slave clause article IV, fed govt helps slates put down insurrections Senators chosen by state legislators No right to suffrage. Qualifications left...
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...Ss."Cyril and Methodius" University in Skopje Faculty of Law "Iustinianus Primus"-Skopje Master’s Degree programme in Intellectual Property Law (LL.M.) INTERNET LAW The abuse of the cyberspace - jeopardizing the copyrights Prof. Goce Naumovski, PhD Temelkova Simona 42321 I.I The rise of technology and Internet as a platform for new problems So cyberspace is real. And so are the risks that come with it. - President Barack Obama1 Despite the many and obvious benefits of the modern electronic communications development,it has also brought with it the worrying threat of intentional attacks against information systems and network platforms/infrastructures. As cyberspace gets more and more complex and its components more and more sophisticated, especially due to the fast development and evolution of (broadband) Internet-based platforms, new and unforeseen vulnerabilities may emerge.” And further that “in the hands of persons acting in bad faith, malice, or grave negligence, information society technologies (ISTs) may become tools for activities that endanger or injure, the life, property, or dignity of individuals or even damage the public interest. Technology-enabled crimes are also known as high-tech crime, computer crimes or cyber crime. They include crimes committed directly against computers and computer systems, as well as the use of technology to commit or facilitate the commission of traditional crimes, bringing unique challenges to law enforcement. IT...
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...International Law and Municipal Law Issues: • Does domestic law override international law? • Does international law apply domestically? 1 Theoretical Issues • Monism: Essentially exponents of natural-law theories; consequently, they regard all law as part of the same universal normative order, with municipal law deriving its binding force by way of delegation from international law. Thus, monists consider international law a part of domestic law. • Dualism: Essentially exponents of legal positivists – therefore, they have an essentially consensual view of international law, believing that international and municipal law were two separate legal orders. International law must be incorporated into domestic law, for it to apply domestically. • Harmonisation: Assumes that international law forms part of municipal law but acknowledges that on occasions when there was a conflict between the two systems, a municipal judge would be bound by the jurisdictional rules of the domestic domain. 2 Primacy of International Law 1 Municipal Tribunals Whether international law has primacy over municipal law depends on each particular country’s constitution. In Australia, there is no express incorporation of international obligations in Australia. Implementing legislation is required for both treaty and customary international law to apply. See below for further information. 2 International Tribunals A State cannot invoke domestic laws as an excuse for failure...
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...remarks As in previous years, irrespective of the actual questions on the examination paper, there are a number of common problems which detract from the quality of the answers given. The first relates to understanding and correctly interpreting the question. Although a number of the same topics will appear on the paper each year, candidates must appreciate that this does not mean that there is a standard answer which will be adequate for the particular question. It is extremely important that you take care in interpreting what the actual question is asking, and adapt your knowledge of the topic accordingly. The Examiners can spot a „rote-learned‟ preprepared answer and it is rarely adequate for more than a bare pass, if that. A related issue concerns relevance. One of the main purposes of the 15-minute reading time is to enable candidates to read and reflect on what the questions require, and a correct interpretation is crucial for success. Too often Examiners find that candidates offer a reasonable or good answer on a topic which is not on the examination paper, and answers such as this cannot achieve a pass mark. This emphasises the importance of taking care in reading the paper. Another general difficulty lies in the length of answers given. While there can be no fixed required length of answer – some very good answers can...
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...for you and help you with information and counseling. 1 Specifically, Mr. Bigelow was charged with violating Va. Code Ann. § 18.1-63 (1960). The statute made it a misdemeanor to encourage or prompt the processing of an abortion "by publication, lecture, advertisement, or by the sale or circulation of any publication, or in any other manner, encourage or prompt the procuring of abortion or miscarriage". Mr. Bigelow was tried and convicted in Albemarle County Court. He appealed to the Albemarle County Circuit Court, where he was granted a de novo trial. De Novo is Latin for ‘new beginning’, so a de novo trial is a completely new trial. Typically, a trial de novo is ordered by an appellate court when the original trial failed to make a determination in a manner dictated by law. 2 He was tried by judge in July, 1971. The facts of the case were stipulated. The evidence presented included a copy of the advertisement printed in the February 8, 1971 issue of The Virginia Weekly, as well as the June 1971 issue of Redbook magazine, in which was printed an article...
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...Impact of Nigeria's Bilateral Investment Agreements in Oil and Gas on the Right to Health and the Right to a Healthy Environment: A Case Study of the Niger Delta” Full Name of Student (Your student registration number) A XXXXXXXXXXX DISSERTATION SUBMITTED IN PARTIAL FULFILMENT FOR THE REQUIREMENT OF DEGREE OF XXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX UNIVERITY Declaration I hereby declare that research thesis is my original work and has never been used presented for any degree or diploma in any university or institution. Where material is obtained from published or unpublished works, this has been fully acknowledged by citation in the main text and inclusion in the list of references. Table of Contents Declaration 2 Table of Contents 3 CHAPTER ONE: INTRODUCTION 11 1.1 Background of the study 11 1.2 Statement of the Problem 27 1.2 Research Aims 29 1.3 Research Objectives 30 1.4 Research Questions 31 1.5 Justification of the Research 32 1.6 Research Methodology 42 1.6.2 Research design 45 1.6.2 Target population 45 1.6.3 Sampling 46 1.6.4 Data collection 46 1.6.5 Data presentation 46 1.7 Definition of terms 46 1.8.2 Environment 47 1.8.3 The right to health and the right to a healthy environment...
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...A State Intervention Approach to International Trade and the Right to Health in the Crude Oil and Natural Gas Sector of Nigeria Table of Contents A State Intervention Approach to International Trade and the Right to Health in the Crude Oil and Natural Gas Sector of Nigeria 1 Chapter 1 General Introduction 6 1.1. Background 6 1.1.1. Definitions 14 1.1.2. Trade Liberalization 14 1.1.3. International Trade Law 15 1.1.4. Right to Health 16 1.1.5. Human Right Laws 17 1.2. Research Questions 18 1.3. Justification of the Research 21 1.4. Research Objectives 30 1.5. Research Methodology 31 1.6. Research Structure 37 Chapter 2 Theoretical Framework and Literature Review 40 2.1. Introduction 40 2.2. International Trade Rules and Protection of People’s Right to Health 41 2.2.1. Sources of International Trade Rules 41 2.2.2. Trade Liberalization and the Protection of the Right to Health 44 2.3. Scope of the Right to Health 54 2.4. Brief Overview of State Intervention Theory 59 2.5. States Duty towards the Fulfilment of the Right to Health 65 2.6. Legislative and Institutional Regulations Protecting the Right to Health in Nigeria 73 2.6.1. The International Covenant on Economic Social and Cultural Rights (ICESCR) 1966 76 2.6.2. The African Charter on Human and People’s Rights (ACHPR) 78 2.6.3. The International Health Regulations, 2005 81 2.6.4. The Nigerian Constitution 82 2.7. Conclusion 83 Chapter...
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...Text and Context in Russian Legislation With Specific Reference To The Russian Constitution Nigel J. Jamieson* ABSTRACT Law and politics have a closer inter-textual relationship in Russian jurisprudence than would be understood generally of any European legal system. The closeness of this inter-textual relationship can be partly explained by history, culture, and language, as also by dialectics, ideologies, and literature. Concepts of law, government, and the state, together with concepts of federalism, democracy, and the rule of law, can vary so markedly from their apparently translatable equivalents that, even when recognising the formal concept of a codified Constitution, the inter-textual relationship between the enacted law and politics remains so dynamic as to be impossible to tell which it is, of law or of politics, that is the text, and which the context. This inter-textual relationship remains so strongly and continuously dynamic at the level of public and international law that the customary division by which lawyers, and common lawyers especially, assume law to be the text and politics to be the context carries a critical risk. This paper identifies that risk in terms of law, literature, and logic, as well as in terms of history, politics, and dialectics. To focus solely on law as a specialism without any more syncretic and synergic account of the other contributing disciplines, is to make the textual tail of the law wag the contextual dogsbody...
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...SCHEME OF EXAMINATION & DETAILED SYLLABUS for BA LLB Five Year Integrated Course (w.e.f. 2008 – 2009) UNIVERSITY SCHOOL OF LAW AND LEGAL STUDIES Guru Gobind Singh Indraprastha University Kashmere Gate, Delhi – 110403 (With effect from the Academic Session 2008-2009) 1 FIVE-YEAR LAW COURSE BA LLB (H) PROGRAMME w.e.f. Academic Session 2008 – 2009 FIRST YEAR First Semester Paper Code LLB 101 BA LLB 103 BA LLB 105 LLB 107 LLB 111 BA LLB 113 BA LLB 115 SUBJECTS Legal Method History-I (Indian History) Political Science-I Law of Contract – I English and Legal Language Sociology-I (Introduction to Sociology) Economics-I (Microeconomic Analysis) Total Second Semester L 4 4 4 4 4 4 4 28 Credit 4 4 4 4 4 4 4 28 Paper Code LLB 102 BA LLB 104 LLB 110 LLB 112 SUBJECTS L 4 4 4 4 4 4 4 28 Credit 4 4 4 4 4 4 4 28 History – II (Legal History) Political Science – II Law of Contract – II Techniques of Communication, Client Interviewing and Counselling BA LLB 114 Environmental Studies BA LLB 116 Sociology-II (Indian Society) BA LLB 118 Economics – II (Macroeconomic Analysis) Total (With effect from the Academic Session 2008-2009) 2 SECOND YEAR Third Semester SUBJECTS L 4 4 4 4 4 4 4 28 Credit 4 4 4 4 4 4 4 28 Paper Code LLB 201 LLB 203 LLB 205 LLB 207 LLB 209 BA LLB 213 Business Law Family Law – I Constitutional Law – I Law of Crimes – I Advocacy Skills History – III (History of Modern Europe: 1740-1947) BA LLB 215 Political Science – III Total ...
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...ISSN 1725-2423 Official Journal of the European Union English edition C 306 Volume 50 17 December 2007 Information and Notices Contents Notice No 2007/C 306/01 Page Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon, 13 December 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . AMENDMENTS TO THE TREATY ON EUROPEAN UNION AND TO THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Article 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Article 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 10 10 42 FINAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 Article 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...
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...Consolidated Reader-Friendly Edition of the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) as amended by the Treaty of Lisbon (2007) 2008 1 THE LISBON TREATY The Readable Version Editor: Jens-Peter Bonde © IND/DEM Group in the European Parliament email: jp@bonde.dk Cover: Henry Abela Publisher: Foundation for EU Democracy Printed at Notat Grafisk, Denmark - 2008 ISBN: 87-87692-72-4 EAN: 978-87-87692-72-4 2 Introduction The Treaty of Lisbon changed name from the "Reform Treaty" when it was amended and signed in Lisbon, Portugal, by the prime ministers and foreign ministers of the 27 EU Member States on 13 December 2007. The treaty retains most of the content of the proposed EU Constitution which was rejected in the French and Dutch referendums on 29 May and 1 June 2005, respectively. The Lisbon Treaty amends the Treaty on European Union (TEU) and the Treaty establishing the European Community (TEC), which is renamed "Treaty on the Functioning of the European Union" (TFEU). Following the parliamentary ratification of the Lisbon Treaty by all Member States by the end of 2008, it is aimed to have the Treaty come into force on 1 January 2009. Whereas the EU Constitution was to be subjected to a referendum in ten Member States, only Ireland is holding a referendum on the Lisbon Treaty. This is a consolidated version of the Treaty of Lisbon, including all articles in the TEU and the TFEU as amended by the Treaty...
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