Thursday, December 26, 2019

Constitutional principles - Free Essay Example

Sample details Pages: 5 Words: 1573 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Tags: Risk Essay Did you like this example? Lord Woolf in a recent interview expressed grave concerns regarding the reallocation of functions formerly under the control of the Home Office and the Lord Chancellor. Discuss the constitutional principles which Lord Woolf argued may be at risk including the separation of powers and the rule of law. Contents: (1) Introduction. (2) A brief history of recent constitutional reform. (3) Lord Woolf on the reallocation of powers. (4) Constitutionalism. (5) Conclusion. 1. Introduction Lord Woolf has voiced caution in the recent process of constitutional reform. His critique has been based on an understanding of the principles of the UK constitution and their functioning in practice. The former Lord Chief Justice urges remembrance of these foundations in seeking to improve the State, as failure may endanger liberty in the future. Before considering Lord Woolf’s comments and analysing their philosophical foundations, we will survey the le gal changes and their political background. 2. A brief history of recent constitutional reform In 2003 the UK government continued a process of rapid reform which had already undertaken regional devolution, removal of hereditary peers from the House of Lords, the and integration of the European Convention on Human Rights among other smaller changes. A Department of Constitutional Affairs was created partly to assign the Lord Chancellor a new role distinct from the judiciary. Formerly the Lord Chancellor was at the root of the three branches of government the executive, the legislature, and the judiciary. The Constitutional Reform Act 2005 aimed to resolve this discrepancy to the principle of the separation of powers and ensure compliance with the European Convention on Human Rights Article 6: the right to a fair trial. After some wrangling with the House of Lords the Government Bill was passed. The judicial functions of the Lord Chancellor were distributed to the Lord Chie f Justice. The role of Lord Speaker was relinquished, but the office of Lord Chancellor was retained as certain powers pertaining to the role can only be divested by Act of Parliament. The title of Lord Chancellor was to be held in conjunction with the new office of Secretary of State for Constitutional Affairs. In May 2007 the Department for Constitutional Affairs was disbanded in favour of a new Ministry of Justice. The Secretary of State for Justice also took the title of Lord Chancellor, and possesses powers pertaining to prisons, probations and sentencing. Such powers formerly belonged to the Home Office, which now has the remit to concentrate on matters such as terrorism, policing and immigration. 3. Lord Woolf on the reallocation of powers Lord Woolf, the former Lord Chief Justice, pronounced criticism and cautious acceptance throughout the process of constitutional reform. Initially annoyed that the government’s plans to abolish the role of Lord Chancellor we re announced somewhat surreptitiously on June 12th 2003 â€Å"in a press release† rather than a public debate, about which he was informed â€Å"minutes, rather than days† before (1). A slightly later statement claimed that the policy was made without consulting the judiciary and would create a â€Å"vacuum† in the constitution (2). The fullest exploration of this problem, and his new position on reform, was given to Cambridge University in the following year at the Squire Centenary Lecture (3). Lord Woolf began by summarising the characteristics of the British Constitution and evaluating its merits. Having both written and unwritten elements, which are not entrenched, the UK constitution is flexible but is lacking some of the protection afforded by more rigid documents. That there has been no pressing need for a written constitution reflects a culture of co-operation and mutual respect between the bodies of government. Tension was overcome by good-will, whic h was â€Å"made easier not because of the separation of powers, but because of the absence of the separation of powers†. There was a fundamental fusion between the branches. The Lord Chancellor belonged to all three, while the Law Lords also sat in Parliament. Fusion overcome discord and the separation of powers was achieved by a clear demarcation of roles. For example, parliamentary sovereignty and the sole right to legislate is maintained, as the judiciary are only given the right to interpret in the light of the Human Rights Act 1998 and not to ‘strike-down’ legislation in the manner of the United States Supreme Court. Lord Woolf recognised that there is a need to meet public expectations of judicial independence as a guarantee of the rule of law. Although he voiced earlier concerns about the abolition of the Lord Chancellor (4), he acknowledged that the office required reform and redistribution of certain powers due to increasing politicisation and a c onflict of interests on issues such as crime, immigration and handling tribunals. What was essential was to maintain the balance between the requirements of the separation of powers and the rule of law, and the delicate balance of checks and balances that have evolved with the unwritten constitution. Following the Constitutional Reform Act 2005 and the announcement of the creation of the Ministry of Justice, Lord Woolf gave an interview to the BBC Today programme in April 2007 raising â€Å"concerns about our liberty† (5). The distribution of powers on prisons and probations from the Home Office to the Secretary of State for Justice could conflict with the Lord Chancellor’s traditional role of protecting the interests of the judiciary in the Cabinet. This is compounded by the fact that through habit and tradition unwritten elements of the constitution judges look to the Lord Chancellor as the head of the judiciary. Furthermore, the departmental changes were wrough t without the consent of Parliament. It is clear that Lord Woolf’s concern is that constitutional changes should be scrutinised and legitimated by Parliament. 4. Constitutionalism Lord Woolf’s critique of reform involves a complex network of concepts. A constitution is, according to Professor KC Wheare, â€Å"the whole system of government of a country, the collection of rules which establish and regulate or govern the government† (6). Legality is to act intra vires: within the rules of the constitution. Constitutionalism is the view that the constitution itself should conform to certain philosophical principles, and it is from this stance that Lord Woolf judges reform. The rule of law is the most fundamental concept of a constitution, and has several meanings. Firstly, that law should pervade as opposed to anomy (7), and also that it has a superior status than non-legal claims such as decrees and conventions. The rights of individuals should be upheld unless they are in breach of the law, and there should be equality before the law for all individuals within the sovereign realm. Lord Woolf understands the necessity of the rule of law for a constitution to exist and identifies the judiciary’s important role in maintaining this. The un-entrenched UK constitution has evolved gradually to an effective system of checks and balances whereby the branches of the government and their respective powers form an efficient method of government while insuring individual liberty against arbitrary power. The separation of powers is a distinction that has its origins in Aristotle where government is divided into the ability to propose law, that of making law, and that of judging on law (8). The concept was later articulated more fully by Locke and Montesquieu as a means of achieving the rule of law. But Lord Woolf points out that the system also involves fusion at various points. These included the Lord Chancellor, the Law Lords in P arliament, and the executive drawn from the legislature. The reason for this, he surmises, is that of co-operation between the branches; like hands extended across the divide. In this view he is not alone: the principle of harmony has been expressed several times in the past (9). It is his achievement to remind us of its importance. 5. Conclusion In highlighting the principles that have informed the development of the constitution, Lord Woolf makes explicit the delicate nature of checks and balances. It is incorrect to place him against reform but he is a voice of caution against unconsidered change, such as the reallocation of the Court Service to political control. The grave danger for Lord Woolf is that well-meaning but ill-wrought changes to the separation of powers and points of harmony might ultimately curb our liberty. Footnotes (1) Interview with Lord Woolf, New Statesman 16 Feb 2004. (2) Legal Reform creates a vacuum, says Lord Woolf, The Independent 10 July 2003. (3) Lord Woolf, The Rule of Law and a Change in Constitution, Squire Centenary Lecture, Cambridge University, 3 March 2004. (4) H. Woolf, Judicial Review the tensions between the executive and the judiciary (1998) 114 LQR 579. (5) Lord Woolf fears Home Office reforms, (6) Quoted in Barnett H.(2006), Constitutional and Administrative Law, Routledge-Cavendish: Oxon; p. 7. (7) See Agamben G. (2005), The State of Exception; The University of Chicago Press: London. (8) Politics, Bk iv, xiv. (9) See Rui Verde, The Harmonious Constitution (2000), References Books: (1) Agamben G. (2005), The State of Exception; The University of Chicago Press: London. (2) Aristotle, Politics, Bk iv, xiv. (3) Barnett H.(2006), Constitutional and Administrative Law, Routledge-Cavendish: Oxon. Articles: (6) H. Woolf, Judicial Review the tensions between the executive and the judiciary (1998) 114 LQR 579. (7) Interview with Lord Woolf, New Statesman 16 Feb 2004. (8) Legal Reform creates a vacuum, says Lord Woolf, The Independent 10 July 2003. (9) Lord Woolf fears Home Office reforms, (10) Lord Woolf, The Rule of Law and a Change in Constitution, Squire Centenary Lecture, Cambridge University, 3 March 2004. (11) Rui Verde, The Harmonious Constitution (2000), Statutes: (12) Constitutional Reform Act 2005. (13) Human Rights Act 1998. Don’t waste time! Our writers will create an original "Constitutional principles" essay for you Create order

Wednesday, December 18, 2019

Andrew Jackson One of the Most Influential Presidents of...

Andrew Jackson’s influence on the politics of his time was remarkable. He was the only president to have an era named after him. He also changed the way this country was run and expanded the country’s borders. He changed much, but the four most important aspects of this era, in chronological order, were his victory over the British, his defeat in the presidential race of 1824, his successful presidential campaign in 1828, and his decision to remove Native Americans to land west of the Mississippi. His victory over the British in the Battle of New Orleans lifted his popularity exponentially. He was a newfound American hero, and this pushed his political ambitions towards the White House. In 1824 Jackson was defeated in a close presidential†¦show more content†¦What the Americans did not have in numbers, they made up for with â€Å"Andrew Jackson, whose courage, energy, and determination were vital to the victory.† From this defensive position they were a ble to hold the British and inflict heavy casualties upon them. Fighting a losing battle, the British retreated, boarded their ships, and fled the country. The irony of this battle was that it was unnecessary: the war had ended before the first scrimmage was fought. The defeat of the British under Jackson’s leadership boosted his reputation and made him a household name. Some even compared Andrew Jackson to the last American hero George Washington. With his reputation elevated to that of a hero, he became a symbol of nationalistic pride. With the American Revolution still fresh in people’s minds, the defeat of the British was celebrated. In one battle` Jackson had accomplished the best action possible to further his career. After becoming a national hero, Andrew Jackson wanted to further his career in politics. Jackson had held office in the government before, but not for any significant time period. Jackson decided to run for president against John Quincy Adams, Hen ry Clay, and William Crawford in 1824, but he lost. However, he did receive the most electoral and popular votes and when this happens, the vote goes to the House of Representatives. HenryShow MoreRelatedThe Legacy Of Andrew Jackson1523 Words   |  7 PagesAndrew Jackson was born on March 15, 1767 to Scots-Irish colonists Andrew and Elizabeth Hutchinson Jackson in the mountains between North and South Carolina. Jackson was born into poverty and as a result received very little education growing up. When The British invaded the Carolinas around 1780, Jackson’s mother and two brothers were killed during the conflict and British soldiers took the young Andrew Jackson prisoner, leaving him with a lifelong hostility toward Great Britain. In 1781, JacksonRead MoreThe Legacy Of Andrew Jackson1365 Words   |  6 PagesConceived in time of poverty, Andrew Jackson had turned into a rich Tennessee lawyer. When the time came and the war broke out between Britain and the United States, his administration in that conflict earned Jackson national fame as a military legend. He would then go on to turn into America s most influential and polarizing political figure between the 1820s and 1830s. After barely losing to John Quincy Adams in the 1824 presidential race, Jackson returned four years after the fact to win reclamationRead MoreAndrew Jackson s Influence On American History1368 Words   |  6 PagesAndrew Jackson is probably one of the most influential and possibly one of the most dynamic figures in American history. He was a great general and fine president. Although branded with unpleasant baggage of the infamous â€Å"trail of tears†, and furrowing the nation into its first economic depression (which his successor Van Buren who caught the panic of 1837). Andrew Jackson accomplished so much for the United States that he changed the â€Å"American Dream† into what is it today, by emphasizing any personRead MoreStrengths And Weaknesses Of Andrew J ackson Essay1073 Words   |  5 Pagesstrengths and weaknesses of Andrew Jackson as president. Was he really the populist president he made himself out to be? Explain your answer. Andrew Jackson was probably one of the most powerful and influential presidents during his time at the white house. He was hated, yet loved by many. Jackson was an American soldier, who gained fame as a general in the U.S and served in both houses of Congress. He was soon elected the seventh president of the United States. After Jackson took charge, he wantedRead MoreAndrew Jackson Was An Influential President1989 Words   |  8 PagesAccording to Andrew Jackson, â€Å"It is to be regretted that the rich and powerful too often bend the acts of government to their own selfish purposes†. Jackson believed that the rich were using their position of power to become wealthy. Jackson’s main goal during his presidency was to shift the power from the rich overpowering leaders to the more common people. He believed that the common people would do a better job at running the government and he wanted the voices of the people to be heard. Jackson was aRead More1831: Year of Eclipse 1248 Words   |  5 PagesEmpire. When you hear the year 1861, you get reminded about Abraham Lincoln becoming the sixteenth president of the United States and the start of the Civil War. There are so many more important years that stick out in American history. Those types of events are what Americans remember and live for. America is so beautiful for the story it has behind it and the names who have created it. But what most people look past and forget is that happened in the year 1831. It’s hard to put major historicalRead MoreThe First Seminole War1587 Words   |  7 PagesSeminole War was the first of three conflicts in the early 19th century that involved the United States Army and the Seminole population in Florida. At the time, Florida was still under the control of Spain. Most of its population consisted of the Seminole Native Americans and African Americans. The dates of the First Seminole War are debated but most believe that it occurred between 1816 and 1818. T his war took place after the War of 1812 and tensions were still high between the United States, SpainRead MoreAlexis Ranieri. Hist 1302:04. May 5, 2017. Final Exam.878 Words   |  4 PagesAlexis Ranieri HIST 1302:04 May 5, 2017 Final Exam Question II Andrew Jackson was the seventh President of the United States of America and served as President from 1829 until 1837. His Inauguration was March 4, 1829. Some of Jackson’s major goals as President were as follows: purge government corruption and privilege, Indian removal, affirm national sovereignty, pay off national debt, kill the B.U.S., and hard currency. These goals were known under the Jacksonian Program. To solve the â€Å"IndianRead MoreThe Equitable Change Of The Voting And Race Laws1599 Words   |  7 Pagesor free dark individuals. A religious recovery development called the Second Great Awakening, drove by Methodists and Baptists, changed the religious scene. Another political gathering, the Democrats, had blended around Andrew Jackson, coming full circle in his race as President in 1828 and disparaging the Adams organization s vision of patriotism. The 1828 race was a watershed in constituent history, engaging the masses and focusing on identities, not issues. The ascent of political gatheringsRead MoreAndrew Jackson, The Man On The Twenty Dollar Bill908 Words   |  4 PagesAndrew Jackson, the man on the twenty dollar-bill, is a highly respected commander and an individual who should not be reckoned with. In Hickey’s Glorious Victory, he is regarded as the â€Å"People’s President† and is arguably one of the best leaders to have ruled this nation (Hickey, 48). Despite his success as president, he is tangled in many contradictions. For example, he is known to be racist to the Natives, but adopting a native orphan; he is also known as a slaveholder, but he also welcomed free

Monday, December 9, 2019

Internet Usage free essay sample

This is having a major effect on the social aspects of community life with potentially serious consequences. A substantial amount of evidence is emerging proving the internet to be a danger. Internet addiction is at the centre. Students are the most at risk. They have large amounts of free time to spend on the internet (Young, K Surfing not studying: dealing with internet addiction on campus). Thus increasing their risk of becoming addicted. Social Implications of the internet Is the internet having a negative effect on social aspects of life? The internet is having a large impact on community life. Many people now shop online; do online banking, online learning, socializing online and even online dating. This is all reducing face-to-face contact within the community. People no longer bump into each other while on the way to the bank, or at the shops, the community are turning into strangers to each other. We will write a custom essay sample on Internet Usage or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page People are choosing to sit at home alone on the internet instead of going out. This is a massive change to traditional community life. The internet is a massive step in communication. It has bridged the ommunication gap between continents, dramatically reducing the costs of keeping in touch. Online Communication methods include e-mail, audio and video conferencing and IP telephony just to name a few. Communication using the World Wide Web is quick, cheap and effective. All of these communication mediums are an enjoyable way to spend time, however, too much time spent on the net can result in an addiction. The internet communication boom does have its pitfalls. Society is only just becoming aware of the potentially serious consequences of internet usage. Social networking sites such as Facebook, Second Life and Myspace reduce face-to-face interaction. Internet addiction, first dismissed, is now a real and serious issue among the younger, more computer literate generation. Philip Brey (2006) stated that online relationships affect offline relationships negatively, by causing people to become complacent when communicating face-to-face. He also claims that online relationships are not as meaningful and people tend to be fake. There is evidence to suggest that using the internet regularly can cause feelings of ‘depression’ and ‘alienation’ (Ackermann, E 2000). For many, social networking sites are a simple way to keep up to date with friends abroad, and are to be used now and then, for some, it’s not that simple. These social networking sites and online gaming facilities, known an MUD’s or MMORPG’s can cause people to get addicted to the internet. Fact. As we know, it is hard to police the internet; there is no set law and order. Internet law needs to be modified. The laws that apply in Australia may not apply on the internet because ‘cyberspace is global’ (Darlington, R 2002). Many people are not who they say they are and peoples personal details can be stolen. Other causes for concern are censorship, cultural domination and digital divide. Some governments block certain information from their citizens. A loss of individual culture is also an issue; many traditions are being lost because western values are dominating the internet. (Foley, JP 2002) Method Survey Design Method During the design process of the survey, the participants were taken into account. Numerous class discussions showed that internet addiction was clearly an issue for concern for students. With the knowledge that all participants would be students ranging from 18-25 the survey mainly revolves around questions that relate to internet addiction. For the final survey see appendix A. In order for the surveys to be sent and received in an organized manor, a distribution list was set up. Following this, a polite email explaining what the survey was about and what it was for was sent to all five participants. The survey was attached to the email. In order to prevent confusing answers, a set of instructions suggest the answering method i. . to ‘highlight’ and put in ‘bold’ the chosen answers. This made the result taking process a lot easier. Once the data was obtained, a rough results table for each question was recorded, and the results were checked to minimize human error. Once the results were clear, the data was recorded in Microsoft Excel. The data was also colour coded in correlation to the question to avoid confusion. Here is an example of the spreadsheet data for question.

Monday, December 2, 2019

Of Human Bondage Essays - English-language Films, Bisexual Men

Of Human Bondage Family, love, and friendships are a few of the many colorful threads that are taken and woven into a tapestry of life. Every person one meets on the way will influence the patterns of that tapestry. Every incident, be it tragic or cheerful, will guide the shuttle to take on new directions. With this in mind, William Somerset Maugham's autobiographical novel Of Human Bondage offers the reader a first person perspective on the first thirty years of a young man's life. Philip Carey was born with a clubbed-foot. Many critics believe that this birth defect paralleled Maugham's own trouble with stammering. This handicap acted as a basis for all the anxiety and self-consciousness that shadowed Philip's life. As readers, we shadowed Philip as well, following him from childhood in England, to adulthood in Germany, adventures in Paris, and back to a village on the British coast. Together with Philip, we were drawn into a world of cynicism, passion, hatred, and the yearning to become someone greater. In the beginning, innocence reigned. As a little boy who was just orphaned, Philip took everything in, not comprehending his situation. There was simplicity in his thoughts and naivete in his actions. He soon developed self-consciousness about his clubbed-foot, however, when he was sent to an all boys' school. He was endlessly humiliated by his fellow classmates and was treated differently by the teachers. When he did something wrong, the teacher would not cane Philip like he would any other wrong doer because Philip was a cripple. Having suffered years of shame and loneliness, Philip was truly grateful to finally make a friend. Rose was very popular with the boys. He was outgoing and whimsical, and Philip was honored to have Rose treat him as a normal person. There comes a time, unfortunately, in many friendships when one of the people involved becomes possessive. Philip became jealous of Rose's other friends, and in childish revenge, Philip made friends with Sharp, a boy whom he de spised. It was Sharp who gave Philip the idea to go to Germany to study and experience the world. Philip wanted to get out of England so much that he began to slack off, and eventually, he threw away his scholarship to Oxford. In his teenage defiance, he learned independence. Out in the world, he met people who left lasting impressions in his personality. Being sensitive and inexperienced, Philip believed whatever the next person who came into his life believed. His uncle had taught him Christianity as a child, and Philip had faith in it. Hayward taught him that there was more to religion and that civilized people were poets and lovers, and Philip believed him. Cornshaw then gave him the idea that Christianity was just morality and those poets were dreamers, and Philip hated his uncle for instilling a rigid religion and believed that Hayward was living unrealistically. One of his biggest fears about disbelieving in God was that maybe he was wrong and that he was sinning by becoming an atheist. Then, in a rare burst of young wisdom, he decided that ?after all, it's not my fault. I can't force myself to believe. If there is a God after all and he punishes me because I honestly don't believe in Him I can't help it (104).? According to A. C. Ward, Maugham's ?effectiveness as a critic of life is in inverse proportion to his solemnity.? We might be shocked by some of the strong feelings that Philip felt, but Maugham knew this. He wanted Philip to be honest with himself and in doing so, he wanted to remind readers of the flaws in mankind. John Lehmann once said, ?[Maugham's] originality, his power of holding the reader's attention, consists largely in putting conventional stories in exotic settings.? Maugham wrote of places sometimes with vehemence and sometimes with awe in order to pull readers in even more closer to Philip's own feelings. Philip traveled to many places in his life. We observed from the tidy, little house of his aunt and uncle and the crowded rooms of the school to the elegant and simple rooms of Germany and Paris that Philip's emotions were closely related to where he was. For