...University of Asia Pacific ------------------------------------------------- Department of Law and Human Rights Lesson Plan Course Code & Title: | Law 115 : Constitutional Laws of Bangladesh | Semester: | 1st Year 2nd Semester | Teacher: | Azizun Nahar | Office/Room: | Bikolpo Tower (5th floor), House No. , Road no 5/A, Dhanmondi, Dhaka. | Consultation/Contact Time: | Day 1(Sun day) 12.00 A. M to 01.55 P.M. 3.00 P.M. to 4.55 P.M.Day 2( Mon day) A.M. to 12.55 P.M. 2.00 P.M. to 4.55 P.M.Day 3( Tues day) A.M to 10.55 A.M. 3.00 P.M. to 4.55 P.M. Day 4( Wednesday) 11.00 A.M. to 11.55 A.M. 3.00 P.M. to 4.55 P.M.Day 5(Thurs day) 09.00 A.M. to 11.55 A.M. | Email: | a.moonmoon@yahoo.com | Mobile: | 01712-356955 | Course Overview: | The Course on Constitutional Laws of Bangladesh incorporates, within its sovereign domain, the fundamental aspects of constitution, constitutionalism as well as the composition and functioning of various components of Bangladesh as a state. | Course Outline: | Constitutional Laws of Bangladesh emphasizes on basics of constitutional jurisprudence, constitution, role and functioning of state machineries of Bangladesh namely Parliament, Executive & Judiciary. | Course objectives: | The course on Constitutional Laws of Bangladesh intends to help the students understand the premises and periphery of Constitutional Jurisprudence as well as the compostion, functioning of the basic organs of Bangladesh and their role in ensuring...
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...private and public law is to some extent a false dichotomy’. Discuss. The aim of this essay is to discuss the conventional division of private and public law is to some extent a false dichotomy. In order to achieve this aim it is necessary to inform that the writer, will examine the Children Act 1989 (CA 1989), giving examples of case law. This will include a brief background of implementation of private and public law into the Act. The next section will identify the similarities and differences in private and public law cases by comparing and contrasting case law. The current regulatory legal framework for contact issues in the public and private law context will be discussed by evaluating how the children’s views are considered. Further in the section the children’s representation in the public and private law arena will be touched on considering the United Nations Convention on Rights of the Child 1990 (UNCRC 1990), implications of the Human Rights Act 1998 (HRA 1998), and the incorporation of the of the European Convention on Human Rights (ECHR) bearing in mind that the Children Act was outlined with a consideration to the convention. Throughout the chapters I will refer to relevant case law, statute, drawing attention to how both private and public law cases can have elements of both private and public law and amalgamation of some cases. There will be a brief discussion to address the different treatment of parties mainly kinship carers within the public and private...
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...Public laws are any laws conducted by the state and federal laws. These laws are conducted by a branch called legislative. Private laws are a set of rules agreed upon by two parties. Public law and private laws are two totally different things. Private laws can become public laws if a contract or agreement is breached. Public laws have to be followed by everyone within in the state. There are severe consequences if the laws aren’t followed. An example of public laws includes criminal laws such as murder. Private laws would be signing a contract for a cell phone and you just completely stop paying the bill. This would be a breach of contract and you can get sued. By being sued it becomes a public law. Public laws and private laws are different by are related. In August 2002, the Department of Health and Human Services (HHS) issued a rule giving patients certain rights to control their own personal health information. The rule also describes what health workers need to do to protect the privacy of their patients’ health information. The rule, known as the Privacy Rule, is part of the Health Insurance Portability and Accountability Act (HIPAA) of 1996. The Privacy Rule protects patient health information by placing limits on how patient information can be used or disclosed (shared with others). The rule applies to any health care workers who send patient health information to others electronically. (Thomas P. Christensen). The only time its ok for a health information management...
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...Application of public health law The study of public health law (1) that emphasizes on the legal issues in the practice of public health and the effects of legal practice on public health has basically three major areas of practice: police power, the population law, and injury and disease prevention. The area of police power is engaged by agencies of the government. This area centers its attention on the growing field of bioterrorism and moreover, this has made the public health lawyers work towards the conception of the Model State Public Health Act and the Model State Emergency Health Powers Act. The area of the population law has its theoretical foundation on the legal analysis based on population. Being a new entrant in the subject of jurisprudence, the law of population has been found analyzing legal problems making use of the tool of epidemiology. The threat to the health of a society taken as a whole, on the basis of population health, is the primary concern of public health. In such situations, the population concerned with this notion can either be a handful of them or even whole of the continent, in case of an epidemic. Through the means of propagation of healthy behaviors and close observation of cases, the public health involvement promotes more of prevention of diseases rather than treating them. But in certain circumstances the treating of the diseases becomes a priority than controlling them through immunization as in the case of outbreak of pandemics. The distribution...
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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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...Freedom of religion is one thing and public safety is another. Many people are loyal to their religion and will do anything to not disobey it. For instance, eight amish men were sentenced to jail time for about 3 to 13 days in jail for not obeying the law. It was a simple safety law to keep the amish safe from possible collisions. A law in Kentucky requires horse drawn buggies to be marked with a bright reflective orange triangle. The eight me refused to do so and that is how they ended up in jail. The amish men saw the orange triangle as too flashy and too bright. They thought it was a violation to their simple life. The men were first handed fines but they refused to pay and therefore they were sent to jail. These men would rather go to jail...
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...Public policy reaches into all parts of society, and addresses social problems in a purposeful way, that has been decided to be for the good of the people. Any level of government, whether federal, state or local may be in involved in a particular policy effort because of social problems, public demand for action on these problems, and formulate or produce solutions that become formal plans of action (Kraft & Furlong, 2013). Resources are allocated, according to policy guidelines, to citizens within the US. Because we are a representative democracy, public opinion often mirrors public policy (Pawson & Wong, 2013). Public policy effects the public and is driven by social & economic conditions, among other things. Issues are brought forward and contemplated before they are deemed appropriate for being proposed for legislation. A policy often starts with a public problem that has been pressed by the public and/or groups for formal adoption. The issues are brought forward, solutions discussed and if found feasible, then may pushed forward to be adopted by legislatures (Pawson & Wong, 2013). For instance, states have speed limits to reduce the number of accidents on the road ways. In a given area, if there are higher than average deaths, there may be a push to reduce the speed limit on that stretch of road. I commute about an hour and a half each day to work and am often thankful to police officers who enforce the speed limit. Without these policies in effect...
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...Symbiosis Law School, Pune (Constituent Symbiosis International Deemed University) Accredited by NAAC( UGC) with grade ‘A’ Post graduate department of law Pune Comparative public Law - I First Assignment “DISCUSS THE “EQUAL PROTECTION CLAUSE WITH RESPECT TO “14 TH AMENDMENT OF THE U.S CONSTITUTION AND ANAYLZE WITH RESPECT TOEVOLUTION OF FUNDAMENTAL RIGHTS” SUBMITTED BY SHREYA CHAURASIA L.L.M .I ST SEMESTER ROLL NO. 64 PRN-15010143064 [2015-2016] Introduction “No person shall...be deprived of life, liberty, or property, without due process of law... Amendment V Article [V] (Amendment 5 - Rights of Persons) No person shall be held to...
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...Module: Public Law& Civil Rights ‘The Government is pledged in its manifesto to complete reform of the Lords to remove the hereditary element entirely and to reconstitute the House on a modern representative basis.’ Government White Paper (The House of Lords: Completing the Reform 2001). Consider the political and legal reasons as to why, some 13 years after stage 1 of House of Lords reform (the House of Lords Act 1999), Parliament has only now started to consider Stage 2 legislation (House of Lords Reform Bill 2012). Abstract During the past 100 years, the British government has never ceased trying to bring democracy to the House of Lords. However, having examined the reform history, one could conclude that all the reforms proposed after 1999 are not carried out as planned. This essay, therefore, attempts to provide descriptions on the major reforms of Lords proposed or implemented since 1911. It will focus particularly on discussing the main political and legal difficulties on the incompletion of reform of Lords since 1999. 1. Introduction The House of Lords has long been known as a historical curiosity of this country. Together with the Canadian Senate, the chamber remains one of the only two unelected second chambers in the modern and major democracies. Owing to the undemocratic composition of the Lords, it was reluctant to utilize its legitimate powers in the 20th century for which some local political scholars described as having ‘a little public profile...
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...Samuel Johnson: The law is the last result of human wisdom acting upon human experience for the benefit of the public Dynamic intelligence, speculative minds, misery of pain and shared anguish prompted the search of humans for law and justice. Law has been defined in different ways by various religious leaders and prolific philosophers. Law is an interpretative social practice that contains implicit moral principles and values. Law is related to justice, reason, human nature and ethics. The objective of law is stability, peace and tranquility of sentient beings. Protection of wrong encourages breaking of law. One who breaks the law cannot get protection. Laws can be made and unmade. Law must be just and fair. It is known as substantive due process doctrine. Samuel Johnson wrote that “The law is the last result of human wisdom acting upon human experience for the benefit of the public.” Next only to William Shakespeare, Samuel Johnson is perhaps the most quoted of English writers. The latter part of the eighteenth century is often (in English-speaking countries, of course) called, simply, the Age of Johnson. Samuel Johnson (18 September 1709 [O.S. 7 September] – 13 December 1784), often referred to as Dr Johnson, was an English writer who made lasting contributions to English literature as a poet, essayist, moralist, literary critic, biographer, editor and lexicographer. Johnson was a devout Anglican and committed Tory, and has been described as “arguably the most distinguished...
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...Public Communications Law Kimberly Law Assignment #5 The President has requested Congress to authorize military force in Xanadu (he believes they are developing nuclear weapons and making assassination plots on national leaders) based on secret intelligence he has received. He presented Congress with 500+ documents to prove the reliability and credibility of this intelligence he received. Before voting, Senator Felicia would like to view several of the documents that the President did not present to Congress so that she may decide how credible this intelligence really is. The Senator submits a request to the CIA and the Department of Homeland Security to produce these documents for review. All requests from both organizations are denied. The Freedom of Information Act (FOIA) requires federal agencies to provide any person access to records, both paper and electronic, that are not included in any of the nine “exempt” categories. The first, among the nine exemptions, is National Security. Exemption 1 is the only exemption that allows the executive branch, not Congress, to determine the criteria for release of documents. It protects from disclosure of information, that an executive order declares, that could damage the national defense. It allows for the President and his attorney general to determine how national security records will be classified. In addition, the FOIA authorizes Judges to review classification decisions, but the courts will rarely order release...
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...PUBLIC LAW V Bogdanor and S Vogenauer; Enacting a British Constitution: some problems’, 2008. One must understand that most of the countries now have a written and a codified Constitution, such as the United States of the America, Malaysia, India, Australia and etc. As we know these countries are under the British colonies before getting their independence. Hence now there are only three states in the world which lacks a written constitution, namely Britain, New Zealand, and Israel. A constitution is a set of rules which defines the structures and functions of a state, particularly, will define the principle of institutions, the legislature, the executive, judiciary and the nature and the scope of their powers. Moreover, Bradley and Ewing have defined a constitution as ‘ a document having special legal sanctity which sets out the framework and the principle functions of the organs of government within the state and declares the principles by which those organs must operate’. (A Bradley and K Ewing, Constitutional and Administrative Law (14th edn, Pearson/Longman, 2007), p.4) [1]In the introduction of a state’s constitution, there will be a discovery of a preamble, for example, in the USA the preamble states that: ‘We the people...do ordain and establish this Constitution’. (Article 2 of the 1936 Soviet Constitution.)[2] This shows the society as a sovereign power. An important question that often rises is “Should Britain adopts a written constitution”? This has always been...
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...1. Define first aid First aid is the provision of immediate care to a victim with an injury or illness, usually effected by a lay person, and performed within a limited skill range. First aid is normally performed until the injury or illness is satisfactorily dealt with (such as in the case of small cuts, minor bruises, and blisters) or until the next level of care, such as a paramedic or doctor, arrives. 2. State the purpose of first aid a) Preserve life - This includes the life of the casualty, bystander and rescuer. b) Protect the casualty from further harm - Ensure the scene is safe. c) Provide pain relief - This could include the use of ice packs or simply applying a sling. d) Prevent the injury or illness from becoming worse - Ensure that the treatment you provide does not make the condition worse. e) Provide reassurance 3. Principles of first aid a. Explain Identification First aid is the initial assistance or care of a suddenly sick or injured person. It is the vital initial care we all feel an impulse to give as soon as possible after an accident or illness. In an emergency situation it is crucial to be able to recognise the appointed first aider. We have a range of first aider identifications such as hivis waistcoats, armbands, badges and helmet labels. First aid is an important part of everyday life, both at home, work or at play. Everyone should learn first aid and be willing to administer basic care until emergency assistance...
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...Issues of police legitimacy and public distrust have run rampant through the media in recent years. One of the most notable instances of the impact of poor police-community relations is the result of stop-and-frisk efforts in New York City. According to an article in the New York Daily News, in some neighborhoods in New York City approximately 9 in 10 people do not trust the police as a result of police contact (Durkin, 2013). While this distrust is believed to be linked to stop and frisk, it also stems from an overall distrust for the entity, especially in crime-ridded neighborhoods that are primarily comprised of minorities. In this paper I will analyze the issue of public distrust of law enforcement by determining how it occurs, its effects...
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...Essentials of a Contract As a senior manager in the procurement section of the Ministry, I would advise the following: there was a contract i.e. an agreement; an offer and its acceptance, an agreement that had essential elements. The first was that there was a proper offer and acceptance which were officially and unconditionally communicated. Further there was an intention to create a legal relationship by the two parties after fulfillment of the tender requirements, to construct a modern administration block. Thus the objective of the agreement was lawful i.e. within the parameters and boundaries of the laws that govern construction and the tendering process. There was consideration in the agreement thus making the objective of the agreement acceptable i.e. a consideration of something in return. The agreement for the works was for a legal project with wording of the agreement clear and not uncertain or vague i.e. certainty of meaning of what was required in relation to the work to be done. The agreement was done and perceived to be free of: i. Coercion ii. undue influence iii. Frau iv. Misrepresentation v. Mistake. The agreement therefore was made with free consent of both parties in their capacity to contract. Both parties were of sound mind and of age to enter into a valid agreement as per requirements spelt out in the tender process. In the agreement there was also the possibility of performance of the work advertised hence validating the contract at hand...
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