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The Impact Of The Human Rights Act Of 1998
Critically analyze the impact of the "Human Rights Act of 1998"
All humans are entitled to their fundamental rights and freedoms that cannot be violated under any conditions. Across globe wide attention is being
given to identifying and protecting human rights in constitutional systems.
Human Rights Act of 1998 (HRA 1998) is a UK Law came into force to safeguard such rights in the UK. As a result all UK Citizens now enjoy a
number of fundamental rights and freedoms protected by this Act such as Right to life, Freedom from torture, Prohibition of slavery and forced labour,
Right to freedom of expression, Right to liberty and security, Right to a fair trial, No punishment without law, Right to respect of one's private and
family life, Right to freedom of thought, conscience and religion, Freedom of assembly and association, Right to marry, Prohibition of discrimination
and so on. ... Show more content on Helpwriting.net ...
The European Convention on Human Rights (ECHR) is an international treaty to protect human rights and fundamental freedoms in Europe drafted by
the Council of Europe (CoE).
The United Kingdom was one of the founding members of the CoE, which consists of 47 member states. Since 1953 UK has been bound by
international law and committed to respect the rights established in the ECHR and has actively supported the Council of Europe and the ECHR. Until
1966 petitions by ordinary people to the ECHR against public authority in case of noncompliance and violation of their rights was not permitted by the
UK Government which controlled individuals from taking their case to ECtHR.
However subsequent to granting the right of individual petition Briton became one of the countries with highest number of cases before the court. The
increasing awareness of Human Rights in the UK and the changing culture may have been partially responsible for these large
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The European Convention Of Human Rights
The European Convention of Human Rights (ECHR) can be defined as an international agreement initiated within the Council of Europe, which
was established in 1949 in Strasbourg in France in order to unify Europe after the Second World War (Harries et al., 2014; O 'Boyle, 2014).
According to Donald et al., (2012), United Kingdom was among the first countries to adopt and has played an important role in ECHR creation at
that time. In 1966, the petition and jurisdiction of UK's citizens was voluntary and individuals was able to take a case and jurisdictions to the
ECtHR in Strasbourg. Latterly, in 1998 this process become compulsory for all countries that are members of the (ECHR). Since that time,
European countries has become covered under this agreement as a form of legal system in the unify area. However, it could be argued that the UK
has the least number of cases in the ECtHR in Strasbourg. O 'Boyle (2014. P. 15) stated that "The UK has a very low 'rate of defeat' at Strasbourg. Of
the nearly 12,000 applications brought against the UK between 1999 and 2010, the vast majority fell at the first hurdle". Further they stated that, "Only
three per cent (390 applications) were declared admissible. An even smaller proportion of applications – 1.8 per cent (215) – eventually resulted in a
judgment finding a violation", which in terms means that the UK has lost only 1 out of 50 of the cases that took place in the UK. Thus, some one
could argue and question the extant that this
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Human Rights Act 1998 ( Hra )
Section C: 8
Before the Human Rights Act 1998 (HRA) coming into force, the UK subscribed to a 'weak' judicial review. However, the Act has brought a drastic
change into the practice of judicial review in the UK. In this essay, I shall argue that with the new powers conferred to the courts under sections 3 and 4
(ss 3 and 4) of the HRA, they have developed a mechanism which allows the court to communicate with Parliament through their interpretations
although the practice of judicial review remains relatively 'weak'. I shall also argue that the courts should continue the adoption of the new approach to
judicial review in the UK to counterbalance and limit the possibility of State violations of fundamental human rights of individuals whilst still keeping
the principle of parliamentary sovereignty intact.
A weak judicial review is a creation of statute (i.e. the HRA) that reviews the legitimacy of executive powers to ensure the Government acts within the
scope of power Parliament has conferred to them. Compared to a 'strong' judicial review, the UK courts have neither the power to strike down a
primary legislation nor can they review legislation decisions. A weakness of 'strong' judicial review is that it would undermine the principles of
separation of powers and parliamentary sovereignty that underpin the UK Constitution as it would allow the courts to put legal constraints on
Parliament. Therefore, the judiciary should respect the Parliament's decisions and remain the
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Human Rights : A Justified Form Of Punishment
Human rights are the basic rights and freedoms that belong to everybody in the world. Under Article 3 of Protocol 1 of the European Convention of
Human Rights, everyone has the right to a free election (some qualifications are imposed on those who are eligible, such as under 18s). However, the
right to a free election is absolute in the Human Rights Act, which means it cannot be restricted (Right to free elections, 2009). In the UK and abroad,
there is a large proportion of prisoners who have not been given this human right. This essay will look at the disenfranchisement of prisoners as a
justified form of punishment in accordance with the four main theories of punishment; rehabilitation, deterrence, retribution and incapacitation. It will
also address both sides of the argument as to whether the ban on prisoners' right to vote is an appropriate form of punishment.
In the UK, a large proportion of convicted offenders are being denied the right to vote in local or national elections while they are incarcerated. There
are few who qualify to vote, such as people in remand and people sentenced for non–payment of fines and contempt of court, but the numbers are still
high as over 48,000 prisoners are being disenfranchised (Easton, 2010). The UK's decision to implement this blanket ban, regardless of the prisoner's
crime and sentence, was deemed unlawful by the European Courts in 2004 when ex–prisoner John Hirst sued the British Government for denying his
right to vote, he put
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Child Corruption And Child Trafficking
With money running the world, it is not unexpected that corruption and child trafficking are entwined at the most rudimentary level. Often, money is
the driving factor of most forms of child trafficking, whether it is a result of the victim desperately seeking out employment to support themselves and
their family or the perpetrator utilizes their financial control over the victim to retain their product. Unfortunately, due to their very nature, children are
considered some of the most vulnerable and sought–after targets for traffickers. In a 2005 International Labor Organization report, there is an
"estimated that 980,000 to 1,225,000 children – both boys and girls – are in a forced labor situation as a result of trafficking" across the world. In
response to this pandemic, actions have been attempted by both international organizations ("IO") (United Nations ("U.N."), Interpol, Non–Government
Organizations ("NGO"), etc...) and state actors to reduce and prevent child trafficking. Such actions included adopting international treaties, such as the
Convention Against Corruption ("CAC") and Convention of the Rights of the Child ("CRC"), to address the social, economic, and cultural factors that
contributed to corruption and child trafficking. From there, many nations–states established domestic legislation by either directly or indirectly
adopting provisions in the international treaties to provide a means to criminalize the immoral perpetrators and protect the victims of
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The Main Sources Of English And Welsh Law
United Kingdom gets constituted by four countries: the England, Wales, Scotland and Northern Ireland. There is no single arrangement of reports
that contains the entire of the law of the UK. Moreover, UK law is likewise not classified, that brings a level of conviction to the law as it permits
nationals to recognize plainly whether something is unlawful and the examination methodology that it will create. Absence of codification prompts the
legitimate framework being firm as innovative improvements go before past that which the lawmakers thought. Despite its flaws and solidness, the
English basic law, as an agent of the normal law of the UK, is a standout amongst the most productive ones. All states need to embrace the same or
somewhat changed legitimate framework. Some law applies all through the entire of the UK; a few applies in a few countries. The four main sources
of English and Welsh law are legislation or statutory, common or case law, European Convention on theHuman Rights and European Union law.
Body
1)Statutory
The primary source of law for the UK is statutory or legislation, which is the law passed by Parliament. Essential law will come into power after
level headed discussion and consequent approbation in the House of Commons. It will then undergo support in the House of Lords and will then get
Royal Assent in the event that it is to end up law. Secondary enactment is law made outside of Parliament where the ability to make law has formerly
been allowed by
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The Passage Of Time Has Resulted On National And...
The passage of time has resulted in numerous political parties around the world that deliberate on national and international policy. These parties
prioritize certain issues over others resulting in the multitude of party platforms such as Green, Conservative, Liberal Democrat, etc. that are seen in
governments. Some of these parties are tactically suited to maintaining their original stance with issues that have come up over time. For example, the
green parties which have gained relevance concurrently with environmental issues seem to maintain a fairly steady political stance. Other parties,
however, have long histories of voting and precedence in government that have sustained over centuries such as conservative and liberal parties.... Show
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This hypothesis is that of national location. The philosophy behind this political positioning suggests that in an issue such as European integration there
will be more variation seen in countries that have more diverse social and economic factors involved in policy making. The article suggests that with
this hypothesis that issues will be decided on by parties potentially depending on what is in the best interest at tat time based on the national feeling that
is present in their respective countries. This hypothesis is certainly well–founded in the idea of European integration as if national interests are largely
in favor of integration it stands to follow that parties and policy would likewise be in favor.
Still, the next hypothesis that is given, the median supporter, also makes sense for parties and shifting stances. In this parties would generally change
their stances just enough to create the most potential to gather a maximum amount of votes. This would allow parties in the case of European
integration to stick safely to the ideals of their average voter which would potentially allow for the most representatively accurate ideas to take force.
This meaning that if this hypothesis were correct political parties would correspondingly move towards integration with their average voters'
perspective in mind so as to appeal to the most voters as possible.
Finally, the last alternative hypothesis presented in the article took the stance of parties going one of
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Benefits Of Uk Enrollment During The European Union...
Financial course work 2. This essay will look at the degree to which the advantages of UK enrollment in the European Union exceed the expenses.
Economic integration is the elimination of tariff and nontariff barriers to the flow of goods, services, and factors of production between a group of
nations, or different parts of the same nation. Before current phase of EU advancement, it experienced six phases of Joining: Inclination exchanging
zone, Organized commerce zone, Traditions Union, Basic business sector, Financial aspects and the Fiscal Union (current phase of the UK) and
Complete Monetary Incorporation. In 1973, UK turned into an individual from EEC. What occurred after the economic integration in EEC are;
separation of UK 's... Show more content on Helpwriting.net ...
This is four times more than it was in 2008. It implies that net commitment developing year by year in critical extents. It is about the same sum as
the UK government spends on transport each year. So if UK populace will choose to stay out of EU, UK would spare billions in participation
expenses, and the "concealed levy" paid by UK citizens when merchandise are sent out to the EU, created by red sort, waste, extortion and different
elements. Notwithstanding, The UK 's commitment to the EU spending plan is a drop in the sea contrasted with the advantages of the business in the
single business sector. The one the benefits, which the UK will receive from membership, are that it will be tax–free trading among the members. Free
trade with other members at no additional taxation helps keep or lower prices of goods, services and food in these countries. In other words, it
means that products which made in different parts of the union will cost the same amount in different its parts as firms will not pay to importing or
exporting taxes. So demand for UK's and EU's goods and services will increase, as they will be cheaper. This means that consumer's purchasing
power will increase because they will be able to buy more things. The increase in demand will lead to increase in supply. In this case, producers will
produce more and their productivity will be higher. This graph illustrates that an increase in the demand from
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The European Convention on Human Rights Act 1998
The aim of this essay is to critically evaluate the statement 'The European Convention on Human Rights exists to guarantee legal protection to
fundamental rights'. It will examine how rights are protected in law and the way the UK approaches the protection of these rights. Explanation will be
made of the way that the UK addresses the implementation of the rights in the English legal system. Issues such as conflicting rights and legal
limitations will also be considered. An evaluation will be made of whether or not The Human Rights Act 1998 protects the fundamental rights of UK
citizens as contained in the European Convention on Human Rights.
Before the Human Rights Act 1998 was passed by parliament it had been considered unnecessary ... Show more content on Helpwriting.net ...
Under this procedure judges will decide whether or not the public authority has infringed the rights of the person affected and has therefore acted
illegally. People can only bring cases against public authorities. Cases cannot be brought against privately funded organisations or individuals.
However, because the Act has affected the way that judges are interpreting and developing existing laws the Act can also affect both individuals and
private organisations.
Clearly though, there will be situations that will arise where the rights contained within the Act will be in conflict between individuals and authorities
or organisations. For example, Article 11: Freedom of association and assembly. This Article protects the right to peaceful protest and demonstration. In
some circumstances this may interfere with the rights that are protected under Article 8: The right to respect for private and family life. This could
occur when the activities of an individual are being protested against outside of their home. An example of this would be when animal rights
organisations stage demonstrations outside of the homes of scientists who work in laboratories which use live animals in experiments.
Additionally, there are limitations to some of the rights contained within the Act. These are known as 'qualified' rights and in some circumstances these
rights can be breached. Article 10:
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Nationalism and Transnationalism in the Context of the...
Nationalism and Transnationalism
In the context of the European Union
(...) History says, 'Don 't hope
On this side of the grave.'
But then, once in a lifetime
The longed–for tidal wave
Of justice can rise up,
And hope and history rhyme. So hope for a great sea–change On the far side of revenge. Believe that a further shore Is reachable from here. Believe in
miracles And cures and healing wells.... If there 's fire on the mountain Or lightning and storm And a god speaks from the sky That means someone is
hearing The outcry and the ... Show more content on Helpwriting.net ...
Aims and objectives
During the First and the Second World WarsEurope had to witness nationalist rivalries, which led the continent to the catastrophe. For many, those
wars meant the beginning of the end of the European civilization. Others, a minority, drew from that the conclusion that the European capability to
overcome aggressive nationalism which caused those tragedies, is achievable by adopting the idea of the united and peaceful continent as a common
project.[6] That inspiration was to be insured by a share of common, European distinctiveness. However, this process implies the necessity to consider
the impact of nationalism and the role of national states in a growing trend for a united Europe. As Anthony D. Smith predicts:
The Europe of the future, if it should ever emerge, will be one of the mass identification and loyalty to the European ideal, alongside or even in place
of national allegiances and identities, such that large numbers of the inhabitants of the European continent will not only consider themselves to be first
and foremost 'Europeans' but will be prepared to make sacrifices for that ideal. [7]
We can assume that a common European identity should construct a parallel between the Union's institutions and the citizens, making them feel that
the economic and administrative regulations of the Union are something that have to do with their rights and duties, with their identity. As the
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The Power Of Separation Of Powers Of The ECHR
The European Convention of Human Rights (ECHR), outlines the various rights of citizens in European nations, giving explicit power to the European
courts (ECtHR), as well as domestic courts, with regard to the violation of these rights in the member states of the European Union. One thing to note is
that the ECHR cannot be enacted without referring to the Human Rights Act (HRA) of 1998, which was inspired by the Universal Declaration of
Human Rights (UDHR) at Geneva in 1948. The aim of this essay is to therefore to discuss how the powers are distributed particularly between the
executive (ministers and cabinet) and the judiciary by the Human Rights Act, whether the element of separation of powers is hindered in this event, and
to ... Show more content on Helpwriting.net ...
This thus highlights that the event of the HRA being introduced into the UK constitution as a constitutional convention is necessary in the protection
of human rights of its citizens. It is good to take note of the fact that the HRA, a fall out of the Human Rights Convention of 1953, was majorly
enacted in order to enhance human life, as well as respect the inherent freedom of man. The essence of this act, and if truly the derogation of power
through this act to the different arms of government compromises separation of power as well as the independence of the judiciary would be discussed
in the course of this essay.
It should be noted most importantly also, that the introduction of the HRA via the ECHR incorporated parts of the EU law into the UK law, and
O'Cinneide further suggests that the international relationship enjoyed by the UK with the Council of Europe and the ECHR is directly within the scope
and nature of these reserved powers (outlined in the ECHR). Moreover, Section 6(3)(a) clearly states the courts and tribunals to be public authorities,
going further to sub–paragraph (b), giving the function of a public authority also to 'any person certain of whose functions are functions of public
nature' such as the executives. In addition to this also, the powers of
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Human Rights Act of 1998
The aim of this essay is to critically evaluate the statement 'The European Convention on Human Rights exists to guarantee legal protection to
fundamental rights'. It will examine how rights are protected in law and the way the UK approaches the protection of these rights. Explanation will be
made of the way that the UK addresses the implementation of the rights in the English legal system. Issues such as conflicting rights and legal
limitations will also be considered. An evaluation will be made of whether or not The Human Rights Act 1998 protects the fundamental rights of UK
citizens as contained in the European Convention on Human Rights.
Before the Human Rights Act 1998 was passed by parliament it had been considered unnecessary to incorporate the Convention directly into UK law as
it was thought that the UK already provided adequate protection for its citizens. However, a number of infringements were identified and this
eventually led to the start of the legislative process which resulted in the Human Rights Act 1998.
Arguments that were put forward for the incorporation of The European Convention on Human Rights into UK law were partly based on the costs and
time considerations involved in taking cases before the European Court in Strasbourg. The Human Rights Act 1998 gave the citizens of the United
Kingdom the right to bring proceedings for the infringement of these rights before the UK courts. Other lines of reasoning concluded that the
incorporation would
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Human Rights Law Is No Assistance For Dealing With...
LAND LAW ASSESSEMENT 2
STUDENT : 13003135
TUTOR : Sarah Keenan LLB YEAR 2
word count excluding bibliography 3661
'Human rights law is of no assistance in dealing with homelessness.' Discuss STUDENT: 13003135
'Human rights law is of no assistance in dealing with homelessness.' Discuss
HOME SWEET HOME
"The labour of his body, and the work of his hands, we may say, are properly his."
Introduction
Even though it has been argued that Human rights is of little assistance in dealing with
homelessness, this essay will argue that human rights have marginally opened the gateway
for a defense in homelessness cases. This essay will do this by looking at Article 8 and ... Show more content on Helpwriting.net ...
The main purpose of the ECHR which being a product of post–war Europe was to promote
and expand the freedoms that are today considered paramount to human life in society.
It is a requirement that domestic legislation is compatible with the European Convention of
Human Rights. The bulk of these rights were engaged and incorporated into the ECHR, however the right to property was not agreed to until 1954
. It has so far been included in a separate protocol, although the ECHR was incorporated into domestic law by the HRA 1998, the rights are not to
far from that of those that go back to the traditional principles founded for many centuries. This is firmly stated by Professor C.B. Macphearson
where by he tells us that the idea of property is expanded, 'right to a kind of society or set of power relations which will enable the individual to live a
fully human life. ' looking back to older property philosophy according to John Locke the concept of property was seen to be embracing of a persons
'life, liberty and estate, the essay will go onto link this theory at the end of the essay.
Article 1 of the first protocol can be shown to include the principle that no one shall be deprived of their property, this has been an emblem in
democratic government. The attachment of the home can be seen to emanate from article 8, which reflects that a person has
a
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Axel Springer Ag V. Germany Case
Axel Springer Ag v. Germany case
In Axel Springer Ag v. Germany case, the European Court of Human Rights stated that the prohibition put by the domestic court on the owner of a
newspaper 'Bild' who wanted to publish materials about the arrest and proof of guilt of a well–known actor violated Article 10 of the ECHR. The
court, in this case, had to find a balance between two fundamental human rights – the right to private life against the right to freedom of expression.
On the 29 September 2004 on the first page the applicant company, the Bild, published the following headline in a large font "Cocaine!
Superintendent Y caught at the Munich beer festival", 'Oktoberfest'. The article gave the details of the arrest and what happened to cause it. This
article also revealed the history of actor's history of possession and usage of drugs and three photos of the actor.
There was another article released by the Bild on 7th of July 2005 its heading was "TV series Superintendent X confesses in court to having taken
cocaine. He is fined 18,000 euros!". This article compared actor's performance in the TV series where he helped to capture the 'bad guys' and how in
reality he confessed smoking marijuana and using cocaine. However, the court took into account that the actor fully confessed and only fined him. It
was also accompanied by a photo of X.
On 11th of November 2005 the Hamburg district court prohibited, under threat of penalty, the subsequent publication of nearly all of the first
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Human Trafficking Is A Serious Crime And An Unrefined...
Trafficking in human beings is a serious crime and an unrefined violation of human rights. It is often linked to organized crime and is one of the most
profitable criminal activities worldwide (Access to European Union Law, 2014). There are many different forms of human trafficking, and they
progress with changing socioeconomic circumstances. It targets women and men, girls and boys in vulnerable positions (Trafficking in Human Beings,
2013). The International Labor Organization in June of 2012 covering the period 2002–2011 estimated the number of victims of forced labor globally
(NPR, 2013). The estimate also included forced sexual exploitation which was, 20.9 million at a global level, with an estimated 5.5 million children
being trafficked (NPR, 2013). Europe had a human trafficking matter for decades, where it began with the trading of slaves. The 1400's marked the
start of the European slave trade in Africa when the Portuguese transported people from Africa to Portugal to use them as slaves (Timeline of Human
Trafficking, 2011). Later on throughout the 1600s, other countries became more involved in the European slave trade (Timeline of Human Trafficking,
2011). Recent studies have stated, more than 23,600 people were victims of human trafficking in Europe during a recent three–year period (NPR,
2013). It is important to understand what human trafficking is considered in Europe, why stricter laws need to be created, and how human trafficking
can be prevented. By
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Summarise the Laws and Codes of Practice Affecting Work in...
Children Act 2006 – Is an Act that defines the new duties imposed on the Local Authorities in respect to improving the Every Child Matters outcomes
for pre–school children. The Act also defines new rules in relation to childcare for working parents as well as parental information services. It is aimed
at improving the well–being of young children. It emphasises the importance of safeguarding children and young people within an educational setting.
If a child discloses neglect or abuse; an establishment should have instructions to help the child. This could be referral to an outside organisation or
internally. Human Rights Act 1998– is an Act that gives legal effect in the UK to certain fundamental rights and freedoms contained in... Show more
content on Helpwriting.net ...
The Convention obliges states to allow parents to exercise their parental responsibilities. The Convention also acknowledges that children have the right
to express their opinions and to have those opinions heard and acted upon when appropriate, to be protected from abuse or exploitation, and to have
their privacy protected, and it requires that their lives not be subject to excessive interference. Education Act 2002/2006 – Schools which have
innovative ideas to improve education, but are prevented by an existing law from implementing them, will be able to apply for exemption from that
law. Schools which demonstrate a high standard of teaching will be given exemption national controls such as the national curriculum, agreements on
teachers' pay and conditions and the way the scheduling of the school day and terms. The act imposes various minimum standards for independent
schools in areas such as health and safety and space requirements SEN Code of Practice 2001– The SEN code of practice 2001 provides a clear
framework for identifying, assessing and meeting pupils' special educational needs. The fundamental principles of the SEN code are: –a child with
special educational needs should have their needs met –the special educational needs of children will normally be met in
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Is Healthcare A Right Or A Privilege?
Is Healthcare a Right or a Privilege? Sick Around the World is a documentary about the five other main capitalist democracies: Japan, United
Kingdom, Germany, Taiwan, and Switzerland. This documentary talks about how these five countries deliver healthcare and about how the US
can learn from them. What is the difference between a right and a privilege? A right: is just a claim or title, whether legal, prescriptive or moral.
So in other means you have the right to say what you please. A privilege: is any of the rights common to all citizens under a modern constitutional
government (dictionary.com). The idea of whether or not healthcare is a right or a privilege has been a question brought up since our constitution.
People for years have been fighting for the right for free healthcare. A right is also something that society values so much that we guarantee it to
all citizens. It is something that you are born with and die with. An example of this would be the right to privacy which protects US citizens from
invasion of property or person without due process. Regardless of who you are or where you come from, you are supposed to be treated equal. A
right is also something that no one can take away from you unless for illegal reasons. But, even people who get put in prison do not fully get their
rights taken like healthcare. A privilege on the other hand is something granted to you by Church, or the state, and can be removed. And this is
normally caused by a failure to do
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The And Authority Across The Eu
adequately allocate resources and authority across the EU. Next, I examine if these three assumptions hold true for the EU according to the literature.
Europeanization of Eastern Europe and the Balkans
Normative framework structurally imbedded in the EU
As previously discussed, EU accession can be more broadly understood as a uniform membership approval process guided by the Copenhagen criteria
for all prospects, applicants, and members. At a deeper level, the EU is dedicated to resolving uncertainties in the relationship between European states
that fueled ages of conflict and mistrust in the past through the creation of a supranational European institutions guided by common European norms.
Since the dynamics of these institutions are driven by common values and goals as outlined in the Copenhagen criteria above, norms drive
contemporary trends in governance and EU integration.
The process of EU development is characterized by uncertainty that often plagues joint decisions and creates collective action problems that is
overcome by the implementation of uniform norms, or common European values such as "human rights", "rule of law", "democratization", and
"common foreign policy". If there is uncertainty about the relevance of these values in a supranational organization such as the EU, then the notion that
a normative framework binds the organization is cannot be supported. The relevance of uncertainty in international relations is discussed by the major
political
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Public Opinion On European Integration
In the past, citizens held mostly absent minded opinions on European Union politics, but today there exists great polarization in attitudes about
European integration. The apparent rise in "Euroskepticism" in the post–Maastricht Treaty political environment has been widely discussed and
debated in EU scholarship, and marks a stark change from the elite dominated days bygone. EU issues have increasingly made their way into the
politics of national governments, and subsequently national citizens have become more thoughtful in their critiques of European integration. In this
paper, I will first discuss the three approaches to explain public opinion on EU integration. Second, I will explore the impact political parties and
elections play in ... Show more content on Helpwriting.net ...
The decline in public support first emerged in the ratification process of The Maastricht Treaty, and has continued in the present due to changing
geopolitical relations, issues with the Euro, and other cultural, social, and bureaucratic concerns that have irrevocably become apparent to member
state citizens (Hix & HГёyland, 2011, p. 109). Finally, the public is holding the EU accountable for the decisions made for their homes.
Sara Hobolt (2012) presents three approaches to explain public opinion on European integration: utilitarian, cue–taking, and national identity (p. 3). The
first expounds public support based on the economic implications that arise from European integration, often reinforced through a cost/benefit analysis
(Hobolt, 2012, p. 5). The cue–taking approach rests on the idea that the public relies on social and political cues to shape their attitudes on the EU
because they are mostly uninformed (Hobolt, 2012, p. 5). The national identity approach emphasizes people's attachment to their country, and thus their
affinity to adopting their country's opinions (Hobolt, 2012, p. 5). If one were to explain citizen support or dissent for the EU from the utilitarian
perspective, there would be emphasis on trade liberalization. On the national level, public opinion is higher in countries that profit most substantially
from EU
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Simon Hix 's The European Union
Simon Hix is a well–known academic, who researches the European Union and has written a variety of books on the European Union. He addresses
how it functions and the problems that are associated with it. Some interests of his that he researches are, 'European Union Politics and Policy, The
EU legislative process and the European Parliament, Parties and elections and Rational choice theory' (LSE, 2014). His primary aim when writing this
book was to give readers an understanding of how the European Union, as a political system works and how the institutions within it function and why
they function in the way that they do and this is the general field of the book.
The main contribution the book is making is that the European Union can be ... Show more content on Helpwriting.net ...
In the third and final part of the book, the focus is on the policy–making side of the European Union and its main policies and relationships.
The thesis of this literature review is that Hix is correct in stating that one can understand the European Union more if they analyse why certain
institutions behave in the way that they do and what their reasons are behind doing so.
This in other words refers to political science, which is a branch of comparative politics. 'Political science teaches us about how the processes of
government (interactions within and between the executive, legislative and judicial institutions), politics (the strategies by individuals and groups to
influence government) and policy–making (policy processes and outputs) are interconnected in the EU' (Hix, 2005 p409). Similarly stated in JosГ©
Magone's book about European Politics, 'the main aim of the comparative approach is not only to reduce complexity by showing similarities and
differences, but also to identify patterns of behaviour within institutions such as political parties, parliaments, governments and the judiciary' (Finer,
1970: 38–9 cited in Magone, 2011 p3).
The first argument and a strong one that Hix makes is that the European Union should be seen as a political system rather than a state and he is correct
as the European Union upholds many of the characteristics that a political system has. For example, there is transparency to some
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There Was A Fear Among European Nations That The United
There was a fear among European nations that the United States was getting too strong of an influence on the continent. As Trachtenberg explains, the
United States was essential for Europe to rebuild itself and the NATO, serving as a mechanism to protect the continent, centered around the strong U.S.
forces. But, there was a realization that Europe was right in between the conflict of the Cold War and that therefore U.S. influence should be balanced
by another entity. This was, according to Trachtenberg, one of the initial moments that European nations started to think about the relevance of
cooperating. Directed by Monnet's writing, Schwabe supports Trachtenberg's argument. Schwabe argues that Monnet saw it as an essential step in...
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It was a first step towards an European Union. Not only Schuman was concerned with an integrating Europe, also Winston Churchill famously called
for cooperation. Churchill said European cooperation would bring "nothing but good and hope in a richer, freer, more contented European
communality." Both Schuman and Churchill passionately talk about Europe not as a means to cooperate economically, but as a political entity that can
ensure that a war such as the First and Second World War will never break out again.
Besides creating a third block between the United States and the Soviet Union, European cooperation brought a possible solution to the German
question. Central to European integration, according to the founding fathers, was creating a political identity over an economic one. But, it took until
the 1970's to establish a formal political forum that connected European nations together, almost twenty years after the creation of the ECSC. Monnet
argues that efforts for political cooperation failed before the 1970's, naming the European Defense Community (EDC) as an example. The EDC was a
response to deal with the possible German rearmament in the
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Pros And Cons Of The European Union
Since the end of the Second World War the leading countries in Europe try to build a sort of union to consolidate all Europeans countries together and
avoid another conflict or a war. The union was evolving in time and it reached a point of the creation of the actual European Union in 1957 with only 6
countries – Italy, Belgium, Netherlands, West Germany, France and Luxembourg. Through the yearsEuropean Union get bigger and bigger and today it
have 28 official members even if there is Great Britain which is on the point to leave the union. It is an economic and political union which brings
peace into the Europe. Europe was not ever that peaceful and that is thanks to the union. European identity is a very vast topic and everybody
understands it and feels it in a ... Show more content on Helpwriting.net ...
The motto was translated to all languages of European Union. It is used since 2000 and should express that with all the different traditions, languages
and cultures European Union is strong and peaceful.
There is also other aspect which can be taken as a part of the European identity as for example the different institutions or the currency.
The common currency is called "euro". Euro is not used by all members; only 19 countries out of 28 are in the monetary union. A euro as currency
was for a first time used in 2002.
European Union has got executive, legislative, judiciary power and its own institutions as parliament, council, commission, court of justice, central
bank and many others. Any citizens of European Union have got the possibility to vote their representatives to the European Parliament in order to
directly participate in the decision making.
We can observe that European Union is using the same symbols as any other country to build a common identity but the question is "does it really
works? ".
European Union has got as well different strategies to build common identity through more cultural projects as for example Erasmus+ and many
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Parliamentary Sovereignty Essay
Is the orthodox view of parliamentary sovereignty still relevant in the modern British constitution? Why (not)?
1.The orthodox view of parliamentary sovereignty
To define parliamentary sovereignty does not seem too complicated when it is assessed in isolation. Only in connection with other constitutional
principles difficult tensions arise. The orthodox view of parliamentary sovereignty is simply that only parliament has the right to make or unmake law
and that no other institution can challenge that right. This also includes the rule that parliament cannot bind its successors. Parliament can follow its
own procedural rules as it wishes and court cannot examine the procedure by which legislation has been passed (enrolled bill rule). ... Show more
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A majority of judges even said obiter that Parliament could not extend its lifetime beyond five years, even if the 1911 Act was to be expressly repealed
and the extension bill then passed. That leads to the question if there are basic constitutional rules that parliament simply cannot change. Lord Steyn
and Lord Woolf held that the courts might have to revisit the principle of parliamentary sovereignty, if Parliament sought 'to abolish judicial review of
flagrant abuse of power by government or even the role of the ordinary courts in standing between the executive and citizens'. In such an event, the
court might have to 'qualify' the supremacy of Parliament, 'a principle established on a different hypothesis of constitutionalism'.
3.EC Act 1972
The biggest challenge for parliamentary sovereignty clearly comes from the implications of the 1972 EC Act. Section 2 of the EC Act obliges the
UK courts to give effect to Union law. That does not mean that the British courts have the power to strike down legislation but they have the power
to set aside British law in a particular case and apply Union law instead. Tensions arose in the past in a number of cases in which Westminster
legislated against Union law. Good examples of it are the Factortame cases in which Parliament finally had to accept the supremacy of EU (then EC)
law. However, the question of whether the traditional rule that no parliament can bind its successors is still valid was not expressly answered
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Article Review On Human Rights
My assignment will be a discussion about Article 6 (Right to a fair trial) of the HRA 1998. I will explore the article and define it in detail. I will
explain why this article is particularly important for a Police officer/Investigator dealing with an offender from the beginning of a case until a court
appearance. Furthermore I will discuss the possible consequences if the Police officer/Investigator fails to comply with Article 6. Article 6 (the right
to a fair trial) has been developed over centuries, originally copied from sources such as the "Magna Carta, the 1689 Bill of Rights and the common
law." (Fair Trial, 2014) But is now Article 6. Article 6 derived from the European convention onHuman Rights. The European Convention on Human
Rights is an international treaty to protect human rights and fundamental freedoms in Europe and was signed in Rome (Italy) on 4 November 1950
by 12 member states of the Council of Europe and entered into force on 3 September 1953. Article 6 was created during the aftermath of World War
Two, when motivated by the Universal Declaration of Human Rights. The universal Declaration of Human Rights "proclaimed by the General
Assembly of the United Nations on 10th December 1948;" (Rights) It was thought to be a wider response of the Allied Powers in distributing a human
rights agenda, in the hopes that the violations of human
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The Human Rights Act 1998
The Human Rights Act 1998 sets out fundamental rights for everyone within the UK. This incorporates the rights in which were set out in the
European Convention on Human Rights, meaning if a persons' rights are breached, the case can be brought to UK court rather than seeking justice
from the European Court of Human Rights located in France. In practice, this ensures all new laws are compatible with the Human Rights.
The European Court of Human Rights; which focuses on humanities basic necessities, was created in the UK after World War two after Adolf Hitler's
horrific actions in the 'Nazi' Germany: After such events forty countries signed a waiver agreeing to abide by such laws, but these countries do not
have to be in the European Union. Alongside the European Court of Human Rights there are also the European courts of Justice; which focus on what
is right and wrong; every country within the European Union must abide by these laws which consist of twenty–eight countries, soon to be
twenty–seven countries if the United Kingdom leaves and Brexit takes a full action to leave.
Some of the rights situated within the Human Rights Act are: Obligation to respect human rights, Right to life, Prohibition of torture, Right to a fair
trial, Right to respect for private life, Right to freedom of expression, Freedom of thought, belief and religion.
The UK has had an ongoing development of the human rights since the Magna Carta first appeared in 1215 in which the beginning of limitation
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Simon Hix's The European Union
Simon Hix is a well–known academic, who researches the European Union and has written a variety of books on the European Union. He addresses
how it functions and the problems that are associated with it. Some interests of his that he researches are, 'European Union Politics and Policy, The
EU legislative process and the European Parliament, Parties and elections and Rational choice theory' (LSE, 2014). His primary aim when writing this
book was to give readers an understanding of how the European Union, as a political system works and how the institutions within it function and why
they function in the way that they do and this is the general field of the book.
The main contribution the book is making is that the European Union can be easily understood by analysing each aspect of it. 'The main argument of
this book is that to help understand how the EU works, we should use the tools, methods and cross–systematic theories from the general study of
government, politics and policy–making' (Hix, 2005 p2). The book is split into different parts and each part assesses certain bits of the European
Union, which is what this review will do. For example in one part, the focus is on the legislative branch of the European Union, the executive branch
and the judicial branch. In another part the focus is on the political side of the European Union and looks at for example how the interests of citizens
are represented to and throughout the European Union in addition to how democratic the
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Ukip says †no’ to single-sex marriages
Ukip says 'no' to single–sex marriages – At least for now
Nigel Farage, leader of Ukip, refuses to support single–sex marriage as long as the United Kingdom is part of the European Union. Ukip is short for
the UK Independence Party. This political party is a right wing party with a libertarian angle and a little social conservatism. They are a member of
the 'Europe of Freedom and Democracy' group. This group wants to get out of the European Union. They believe that democracy, freedom and
co–operation cannot be reached as long as they are under the authority of the European Union. In short the 'Europe of Freedom and Democracy' group
is a mixture of parties that support freedom and democracy and are against the formation of a centralised ... Show more content on Helpwriting.net ...
These partnerships are similar to marriages in that way that gay or lesbian couples, more or less, get the same legal treatment as married heterosexual
couples. However, a civil partnership is not the same as a marriage. This indicates that single–sex couples and heterosexual couples are still not being
treated equally. While, in reality, this is all single–sex couples want: to be treated as everyone else.
It is important to Farage that the debate is delayed untill the United Kingdom is no longer part of the European Union, because his party believes that
everyone's wishes and ideals should be respected. This means those of the people who are against single–sex marriages and those of the people who
are in favour of them. However, the marriages were approved and allowed on the 29th of March 2014. But, it was made clear that there are some
conditions. Something called the 'quadruple lock' has been introduced. This 'quadruple lock' makes sure that every religious group that does not want
to conduct the weddings or does not want to allow them on their property, has the right to refuse to do so. Only those who approve and have explicitly
stated that they want to conduct the single–sex marriages are allowed to perform them. This 'quadruple lock' has been added to the bill and makes sure
that no religious group, for example the Chruch of England, can ever be forced to conduct single–sex marriages.
Ukip is all for this 'quadruple
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Eu and the Fundamental Rights..
The European Community (EC) has expressed through treaty provision and case law that the protection of the fundamental rights of EC citizens is
vitally important. However, the EC itself is not currently bound to a set of agreed fundamental rights. For years, the European Court of Justice (ECJ)
has respected and protected fundamental rights by considering the position of state constitutions and the terms of the European Convention on Human
Rights (ECHR). Yet, the ECJ is not bound to follow these. It is not bound to the ECHR, as it is not a signatory.
In 1999, when the member states of the EC also drew up the European Union Charter of Fundamental Rights as part of the new constitution. However
the documents have not been formally ... Show more content on Helpwriting.net ...
But, given the ECJ's long–standing use of the ECHR, the Charter will have a weaker influence.
With the current political situation with regard to the Charter it is unlikely that it will be given legal effect in their current state and the ECJ may feel
reluctant to use the Charter should it give effect to rights that may later be left out of the final document. Furthermore, giving the EC and the ECJ
more power in more areas is an idea that many member states are sceptical of, and this may delay and even prevent the legal status of the treaty from
ever becoming. Given all these facts it is therefore fair to assume the Charter is currently an unnecessary document.
The introduction of the Charter does however raise questions of how the relationships of the Luxembourg and Strasbourg courts may be affected. The
current position of the courts, as described by academic, S Douglas Scott , is "a symbiotic interaction...working out a solution to the sometimes
awkward co–existence of the EU and ECHR". The ECJ and Strasbourg courts make reference to the others law but on a limited basis as to avoid
conflict.
As has already been seen, the ECJ frequently examines the terms and protections of the ECHR when considering issues of fundamental rights in cases
before it. As for the European Court of Human Rights in Strasbourg, it has previously had little to do with the ECJ, especially due to its more specific
nature. However, with the influx
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Human Rights Law Course Work
Human Rights Law Course Work
1.0 Introduction
The European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as 'the Convention') stands as the
world's most successful legal instrument and foundation for international legal process in the protection of Human Rights. Drafted two months after the
founding of the Council of Europe, in the aftermath of the atrocities of World War II, it was fundamental to the future and stability of the region to
introduce Human Rights in a document able to bring peace, unity and accountability. This was articulated at the conference of the International
Committee of the Movements for European Unity where the delegates stated: We desire a Charter of Human Rights guaranteeing liberty of thought,
assembly and expression as well as the right to form political opposition; we desire a Court of Justice with adequate sanctions for the implementation of
this charter.
The subject of this paper is on Article 3 of the Convention, a 'cardinal axiom' of International Human Rights Law, in the sense that it provides the
absolute and non–derogable right, which states 'no one shall be subject to torture or inhuman or degrading treatment or punishment'. The prohibition of
torture goes far beyond just written international law and has also been manifested as jus cogens and acknowledged as a fundamental peremptory norm
of general international law. The absolute nature of this right is however not an express
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In This Essay, We Will Consider And Analyse The Effect
In this essay, we will consider and analyse the effect of Brexit upon the rights of individuals as well as the effect it will have upon the competence of
the devolved Scottish government and its relationship with the UK.
Treaties, regulations and directives make up the European Union (EU) law. They have a direct effect which means that they are directly implemented in
United Kingdom(UK) law. However, a Directive is 'binding to the result to be achieved, upon each member state to which it is addressed, but shall
leave to the national authorities the choice of form and methods '. The national law is legislated in a way that gives effect to the directive. As a result
of Brexit treaties and regulations will no longer have effect in the UK, ... Show more content on Helpwriting.net ...
The charter was still carrying out its main role of reaffirming rights, but the UK did not allow it to go beyond this power.
Leaving the EU would mean that the charter would no longer apply in the UK, as a result a lot of our rights such as environmental protection, data
protection etc would be lost. Also, EU regulations and any future or unimplemented legislation cannot be relied upon in UK courts. Therefore, any
future improvements of fundamental rights protection will cease to apply in the UK
As the UK has now left the EU the most important question is what will happen to our rights. There is great uncertainty about this as it depends
upon what path the UK takes and what sort of contact it maintains with the EU. For example, if it joins the European Economic Area (EEA) then
the EU fundamental rights law will still apply, this is because the European Free Trade Association has held that the provisions of the EEA
agreement are to be interpreted in the light of EU law. Additionally, the remedies available under the EU law are wider than those under the HRA
1998 because of the supremacy principle. The UK will have civil and political rights, but it will lose a wide range of rights and there will be less
remedial options for violations. The Human Rights Centre at the University of Essex
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The United States Is The Most Powerful Nation Of The World
INTRODUCTION The image of the United States has become negative. Do you agree with this statement? The United States is the most powerful
nation in the world. As this statement tells you even if you are in this position, other countries with different moral values will look at our values as
negative, therefore in their eyes our country is viewed as negative. Our progress and ability to better our lives in this country makes us apart from
every other nation in the world. While other nations around the world refuse to allow change and progress into the future era of civilization. Most of
them think that their way of living is the way to live and that our way of living, is not the correct way to live and that every other religion or... Show
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The United States has been for hundreds of years, adapting and reforming all their citizen's human rights. This has allowed every person or individual to
voice their concerns and worries. Other countries around the world do not allow any basic human rights and utilize religion and tyranny as a way of
denying the basic human rights that every individual should be entitled to. The following articles statistics state that, Global Attitudes and Trends,
helps reiterate that the image of the United States while in some countries while negative, it has improved overtime. The future generation (young
adults) are looking at the United States as a nation that has the ability to overcome the negativity of the image that has been damage by propaganda and
incorrect political policies in the past.
Currently, the majority of 30 to 43 nations express a favorable opinion of the United States. This includes majorities in five of seven European
nations, where 78% of Italians, 75% of the French and 73% of Poles voice positive views of Uncle Sam (Trends, 2014).
There is no evidence of a rise of anti–Americanism in most of Western Europe, home to great animosity toward Washington in the middle of the last
decade. Only in Germany, where U.S. favorability is down 13 points since 2009, has the positive image of the United States slipped significantly. And,
despite this slippage, roughly half of Germans (51%) still see America in a positive light (Trends, 2014).
The table below
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The Importance Of Human Rights
What can be considered as a human right? As quoted "Human rights are moral rights possessed by all human beings simply in virtue of their
humanity." Human rights are entitled to all human beings disregarding everything that divides and splits one human being from another. Things like
religion and nationality can't take away ones right to be considered a human.
In the case of A v Secretary of State for the Home Department however, also known as the Belmarsh 9 case, it seemed likeHuman rights were not given
any attention at all. "The case concerned the indefinite detention of foreign prisoners in the United Kingdom prison 'Belmarsh'. The prisoners were
held without trial under section 23 of the Anti–Terrorism, Crime and Security Act 2001. This decision and the subsequent detentions were challenged at
court in terms of their compatibility with the aims of the European Convention on Human Rights." This act directly breaches article 6 of European
Convention of Human Rights "Right to a fair trial". 9 men allegedly were considered a threat to national security, so they were about to be deported
from the country, but until the deportation took place they were held and seized under the Anti– Terrorism, Crime and Security Act of 2001. "Section 4
of this act enabled the individuals to be held indefinitely, without trial or deportation." "However, the power was only applied to non–British nationals.
Under section 25 of this Act, they had the right to appeal to the Special
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Should Prisoners Be Given The Right To Vote Essay example
Should prisoners be given the right to vote?
The UK has been accused of breaching the European Convention of Human Rights Article 3 of protocol 1 by having a blanket ban on prisoners
voting. The European Court of Human Rights (ECHR) promotes the idea that convicted prisoners should be allowed to vote and have a right to vote,
despite the Conservative party being opposed to this view. As a result the ECHR have being pressuring the Tory's to bow to their rules for many years.
This essay will examine the history behind the debate of prisoners voting and, give reasons in favour of the ban and opposing to the ban, whilst strongly
promoting the view that prisoners should not have the right to vote.
In 1870, under the Forfeiture Act, prisoners ... Show more content on Helpwriting.net ...
This shows that there is little argument against the disenfranchisement of prisoners as they are prepared and encouraged to be a part of society.
People are incarcerated for different crimes some a lot more severe than others. For example, a single parent was sentenced to 3 months for the theft of
a pair of jeans worth ВЈ10 (BBC News, 2011). However, while these are viable points and questions, the government allowing certain individuals in
prisons to vote could be a complicated decision. Felons' circumstances are not simply black and white; there can be a grey area with individual
cases. Appropriate retribution is said to only occur when an appropriate punishment is given for the crime (Hegel, 1965). This makes it difficult to
judge who has committed a serious enough offence to enable them to be stripped of their right to vote. Streeter said, the UK decided hundreds of
years ago that prisoners should not have the right to vote' (Streeter, 2011). This is a settled view in this country which has been accepted since 1870
(Hollobone, 2011). 'Do we want convicted murderers, rapists and paedophiles to be given the vote?' (BBC News, 2010). In terms of making the right
decision and having it morally and politically justifiable, felons should not be allowed to vote and it is nonsensical to think they should.
This essay has given a brief history behind the debate of prisoners voting. It has examined and shown both sides of the debate and
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The United States Is The Most Powerful Nation Of The World
INTRODUCTION The image of the USA has become negative. Do you agree with this statement? The United States is the most powerful nation in
the world. As this statement tells you even if you are in this position, other countries with different moral values will look at our values as negative,
therefore in their eyes our country is viewed as negative. Our progress and ability to better our lives in this country makes us apart from every other
nation in the world. While other nations around the world refuse to allow change and progress into the future era of civilization. Most of them think
that their way of living is the way to live and that our way of living, is not the correct way to live and that every other religion or culture should... Show
more content on Helpwriting.net ...
The following articles statistics state that, Global Attitudes and Trends, helps reiterate that the image of theUnited States while in some countries while
negative, it has improved overtime. The future generation (young adults) are looking at the United States as a nation that has the ability to overcome
the negativity of the image that has been damage by propaganda and incorrect political policies in the past.
Currently, majorities in 30 of 43 nations express a favorable opinion of the United States. This includes majorities in five of seven European nations,
where 78% of Italians, 75% of the French and 73% of Poles voice positive views of Uncle Sam (Trends, 2014).
There is no evidence of a rise of anti–Americanism in most of Western Europe, home to great animosity toward Washington in the middle of the last
decade. Only in Germany, where U.S. favorability is down 13 points since 2009, has the positive image of the United States slipped significantly. And,
despite this slippage, roughly half of Germans (51%) still see America in a positive light (Trends, 2014).
The table below shows how the favorable view has increased or decreased in the countries stated in the table starting in 1999 and until 2014. The
percentages represent how the some of the major countries around the world see the image of the United States. While in Europe countries it has
improved in the Muslim
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Measuring Student Satisfaction with Their Studies
Emzetpqota~ ] "Epgvvct / Operational Research. An International Journal. Vol.7, No 1 (2007), pp.47–59
Measuring student satisfaction with their studies in an International and European Studies Department
G.V.Diamantis 1, V . K . B e n o s 2 University of Piraeus, 80 Karaoli & Dimitriou Street, 18534 Piraeus, Greece
Abstract
The satisfaction the students receive from their studies is of great importance. This paper considers ways through which the measurement of service
quality could determine the status of a University department in International and European Studies (IES). Student satisfaction is reliant on factors
such as the curriculum, the range of the academic subjects taught, the academic staff training, the teaching ... Show more content on Helpwriting.net ...
The paper is organised as follows: in section 2 a brief presentation of the IES Department is provided, section 3 presents the design of a student
satisfaction evaluation study and the methodological issues raised, section 4 summarises and discusses the study results. Finally in section 5 findings
are cited and conclusions are drawn regarding long and short–term goals.
2. The philosophy of the International and European Studies in Greece
The need for studies on International Relations and European Union Institutions has been growing in the last decade, having reached a peak after the
recent accession of the 15 new member states [EUROSTAT (2005)]. One of the main challenges of the contemporary intemational, political and
economic sphere and the process of European Integration, where Greece participates as an equal partner, is the emphatic demand for highly qualified
graduates. Such graduates should
G.V.Diamantis, V.K.Benos / Measuring student satisfaction with their studies in an International and European Studies Department
49
possess the skills and knowledge required to occupy positions of responsibility within International and European Organisations, the Greek Public
Administration as well as private
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Sources Of Law And European Convention On Human Rights Essay
Starting with the fact that sources of law in Wales and England are similar, there are 4 sources of law, which are: Statute Law, Common Law,
European Law and European Convention on Human Rights. First of all, Statute law is a written law passed by a legislature on the state of federal
level. An example of it would be В«Theft Act 1968В». It is the first and primary source of law and it is created by proposing a Bill in Parliament. After
three readings of the bill in House of Commons and House of Lords and afterwards in Royal Assent is received and approved, then it becomes a
satute which must be enforced by courts. Secondly, there is a Common Law. Common Law is created by judiciary and it is also known as В«case
lawВ». However, the Common Law could be amended or overridden by Statute Law, EU LAW and/orHuman Rights Law. Third is European union
law. It was created as a result of European Communities Act 1972. There are four principal institutions, which are: The council of the EU, European
Commission, European Parliament and European Court of Justice. They make the decisions concerning laws. Finally, there is European Convention on
Human Rights. It came into effect in October 2000. It takes care about main provisions of the European convention of Human Rights into the UK law.
Those sources of law divide in internal and external, Common and Statute are internal while European Union law and European convention on Human
Rights are external laws. Internal laws refers to laws that
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The Human Rights Act
"What are we to make then of the promise of the Human Rights Act that it would provide for better protection of civil liberties?" KD Ewing 'The
Futility of the Human Rights Act ' (2004) Public Law
Background to the Human Rights Act (HRA)
The Human Rights Act 1998 (HRA) was granted royal assent on the 9th November 1998, however, it was not fully implemented until the 2nd of
October 2000. Previous to the implementation of the HRA , anyone who wanted to challenge the decision of the UK Government for non–compliance
with the European Convention of Human Rights had to take their case to the European Court of Human Rights (ECtHR), which is situated in
Strasbourg, France. An individual could only go to ECtHR once they had established that ... Show more content on Helpwriting.net ...
An example of this prior to the HRA , can be seen in the telephone–tapping case of Malone v UK taken to the ECtHR, which led to the enactment of the
Interception of Communications Act with provision now contained in the Regulation of Investigatory Powers Act . The labour government bill stated,
'the time has come to enable people to enforce their Convention rights against the state in the British courts ... In other words to bring the rights home."'
The Labour Party emphasised that their aim was for the incorporation of the HRA to be boarder and deeper than just saving time and money . Within
the second reading of the Bill the Lord Chancellor said that the incorporation of the Convention rights through the proposed HRA will:
'Deliver a modern reconciliation, of the inevitable tension between the democratic right of the majority to exercise political power and the democratic
need of individuals and minorities to have their human rights secured.'
When drafting the HRA it was decided that some articles of the ECHR would not be included, such as Article 1 (Respecting Rights) and Article 13
(Right to an Effective Remedy). Parliament believed that it was not essential to include these articles within the HRA , as the ECHR are protected by
the domestic courts by the enactment of the HRA,
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The Allocation Of The European Union Essay
Politics
The allocation of the European Union in agreement of all–embracing or built–in law has been abundant debated, generally in the ablaze of the amount
of affiliation that is perceived, desired, or expected. Historically, at least, the EU is an all–embracing organisation, and by some criteria, it could be
classified as a confederation; but it as well has abounding attributes of a federation, so some would allocate it as a alliance of states.For this reason, the
organisation has, in the past, been termed sui generis, admitting it is as well argued that this appellation is no best true. Any application of the
acknowledged attributes of the EU have to alpha by searching at its characteristic features. Although the EU's acknowledged attributes was set out in
two precedent–setting judgments of the Court of Justice in 1963 and 1964 relating to the again European Economic Community, the judgments are still
valid for the European Union in its accepted form.
The EU's accepted controlling action is accepted as 'Ordinary Legislative Procedure'. This agency that the anon adopted European Parliament has to
accept EU legislation calm with the Council.
Before the Commission proposes new initiatives it assesses the abeyant economic, amusing and ecology after–effects that they may have. It does this
by advancing 'Impact assessments ' which set out the advantages and disadvantages of accessible action options.
The Commission as well consults absorbed parties
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When Memories And Events Become Institutionalized In A
When memories and events become institutionalized in a museum setting, they become the lens through which present and future generations gaze
into past. National museums promote local history and identity, but what about multinational museums and multinational identity? This is the question
the European Union hopes to address with their sanctioning of the House of European History (HEH). The main goal of the HEH is to create a
collection of permanent and temporary exhibitions to invite people into a space where "the concept of the European idea can continue to grow" and
"the knowledge and dissemination of the culture and history of the European peoples" can be improved (Committee of Experts, 2008, p.5). However,
because the HEH is funded... Show more content on Helpwriting.net ...
The conceptual basis is divided into four parts with 116 points in total: forward, conceptual and museological basis, central topics of the permanent
exhibition, and outlook. In the very first point, it is outlined that the museum should be a "place where a memory of European history and the work of
European unification is jointly cultivated" (Committee of Experts, 2008, p.3). Some of the main themes that the museum is supposed to represent
include the diversity of history and a commonality of roots, peace, liberty, and a willingness to live together, as well as the idea of progress and
keeping the idea of Europe alive. In the second section, it talks about the academic goals of the museum and the way it should be set up in order to be
accessible to a variety of people, such as free admission and explanatory texts in multiple languages (twenty–four to be precise) (Committee of Experts,
2008). The HEH is meant to be an independent institution that provides education to the young people of Europe in order for them to become active
citizens in shaping the EU's future. Points 27–112 explain the central topics of the exhibitions that will be in the museum, but do not go into detail
regarding the artifacts and objects they will represent these topics with. After this initial Conceptual Basis, another draft was written in 2013 with a
small amount of changes. Although the museum was first set to open in 2015, it was then pushed to 2016. The current expected
... Get more on HelpWriting.net ...

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The Impact Of The Human Rights Act Of 1998

  • 1. The Impact Of The Human Rights Act Of 1998 Critically analyze the impact of the "Human Rights Act of 1998" All humans are entitled to their fundamental rights and freedoms that cannot be violated under any conditions. Across globe wide attention is being given to identifying and protecting human rights in constitutional systems. Human Rights Act of 1998 (HRA 1998) is a UK Law came into force to safeguard such rights in the UK. As a result all UK Citizens now enjoy a number of fundamental rights and freedoms protected by this Act such as Right to life, Freedom from torture, Prohibition of slavery and forced labour, Right to freedom of expression, Right to liberty and security, Right to a fair trial, No punishment without law, Right to respect of one's private and family life, Right to freedom of thought, conscience and religion, Freedom of assembly and association, Right to marry, Prohibition of discrimination and so on. ... Show more content on Helpwriting.net ... The European Convention on Human Rights (ECHR) is an international treaty to protect human rights and fundamental freedoms in Europe drafted by the Council of Europe (CoE). The United Kingdom was one of the founding members of the CoE, which consists of 47 member states. Since 1953 UK has been bound by international law and committed to respect the rights established in the ECHR and has actively supported the Council of Europe and the ECHR. Until 1966 petitions by ordinary people to the ECHR against public authority in case of noncompliance and violation of their rights was not permitted by the UK Government which controlled individuals from taking their case to ECtHR. However subsequent to granting the right of individual petition Briton became one of the countries with highest number of cases before the court. The increasing awareness of Human Rights in the UK and the changing culture may have been partially responsible for these large ... Get more on HelpWriting.net ...
  • 2. The European Convention Of Human Rights The European Convention of Human Rights (ECHR) can be defined as an international agreement initiated within the Council of Europe, which was established in 1949 in Strasbourg in France in order to unify Europe after the Second World War (Harries et al., 2014; O 'Boyle, 2014). According to Donald et al., (2012), United Kingdom was among the first countries to adopt and has played an important role in ECHR creation at that time. In 1966, the petition and jurisdiction of UK's citizens was voluntary and individuals was able to take a case and jurisdictions to the ECtHR in Strasbourg. Latterly, in 1998 this process become compulsory for all countries that are members of the (ECHR). Since that time, European countries has become covered under this agreement as a form of legal system in the unify area. However, it could be argued that the UK has the least number of cases in the ECtHR in Strasbourg. O 'Boyle (2014. P. 15) stated that "The UK has a very low 'rate of defeat' at Strasbourg. Of the nearly 12,000 applications brought against the UK between 1999 and 2010, the vast majority fell at the first hurdle". Further they stated that, "Only three per cent (390 applications) were declared admissible. An even smaller proportion of applications – 1.8 per cent (215) – eventually resulted in a judgment finding a violation", which in terms means that the UK has lost only 1 out of 50 of the cases that took place in the UK. Thus, some one could argue and question the extant that this ... Get more on HelpWriting.net ...
  • 3. Human Rights Act 1998 ( Hra ) Section C: 8 Before the Human Rights Act 1998 (HRA) coming into force, the UK subscribed to a 'weak' judicial review. However, the Act has brought a drastic change into the practice of judicial review in the UK. In this essay, I shall argue that with the new powers conferred to the courts under sections 3 and 4 (ss 3 and 4) of the HRA, they have developed a mechanism which allows the court to communicate with Parliament through their interpretations although the practice of judicial review remains relatively 'weak'. I shall also argue that the courts should continue the adoption of the new approach to judicial review in the UK to counterbalance and limit the possibility of State violations of fundamental human rights of individuals whilst still keeping the principle of parliamentary sovereignty intact. A weak judicial review is a creation of statute (i.e. the HRA) that reviews the legitimacy of executive powers to ensure the Government acts within the scope of power Parliament has conferred to them. Compared to a 'strong' judicial review, the UK courts have neither the power to strike down a primary legislation nor can they review legislation decisions. A weakness of 'strong' judicial review is that it would undermine the principles of separation of powers and parliamentary sovereignty that underpin the UK Constitution as it would allow the courts to put legal constraints on Parliament. Therefore, the judiciary should respect the Parliament's decisions and remain the ... Get more on HelpWriting.net ...
  • 4. Human Rights : A Justified Form Of Punishment Human rights are the basic rights and freedoms that belong to everybody in the world. Under Article 3 of Protocol 1 of the European Convention of Human Rights, everyone has the right to a free election (some qualifications are imposed on those who are eligible, such as under 18s). However, the right to a free election is absolute in the Human Rights Act, which means it cannot be restricted (Right to free elections, 2009). In the UK and abroad, there is a large proportion of prisoners who have not been given this human right. This essay will look at the disenfranchisement of prisoners as a justified form of punishment in accordance with the four main theories of punishment; rehabilitation, deterrence, retribution and incapacitation. It will also address both sides of the argument as to whether the ban on prisoners' right to vote is an appropriate form of punishment. In the UK, a large proportion of convicted offenders are being denied the right to vote in local or national elections while they are incarcerated. There are few who qualify to vote, such as people in remand and people sentenced for non–payment of fines and contempt of court, but the numbers are still high as over 48,000 prisoners are being disenfranchised (Easton, 2010). The UK's decision to implement this blanket ban, regardless of the prisoner's crime and sentence, was deemed unlawful by the European Courts in 2004 when ex–prisoner John Hirst sued the British Government for denying his right to vote, he put ... Get more on HelpWriting.net ...
  • 5. Child Corruption And Child Trafficking With money running the world, it is not unexpected that corruption and child trafficking are entwined at the most rudimentary level. Often, money is the driving factor of most forms of child trafficking, whether it is a result of the victim desperately seeking out employment to support themselves and their family or the perpetrator utilizes their financial control over the victim to retain their product. Unfortunately, due to their very nature, children are considered some of the most vulnerable and sought–after targets for traffickers. In a 2005 International Labor Organization report, there is an "estimated that 980,000 to 1,225,000 children – both boys and girls – are in a forced labor situation as a result of trafficking" across the world. In response to this pandemic, actions have been attempted by both international organizations ("IO") (United Nations ("U.N."), Interpol, Non–Government Organizations ("NGO"), etc...) and state actors to reduce and prevent child trafficking. Such actions included adopting international treaties, such as the Convention Against Corruption ("CAC") and Convention of the Rights of the Child ("CRC"), to address the social, economic, and cultural factors that contributed to corruption and child trafficking. From there, many nations–states established domestic legislation by either directly or indirectly adopting provisions in the international treaties to provide a means to criminalize the immoral perpetrators and protect the victims of ... Get more on HelpWriting.net ...
  • 6. The Main Sources Of English And Welsh Law United Kingdom gets constituted by four countries: the England, Wales, Scotland and Northern Ireland. There is no single arrangement of reports that contains the entire of the law of the UK. Moreover, UK law is likewise not classified, that brings a level of conviction to the law as it permits nationals to recognize plainly whether something is unlawful and the examination methodology that it will create. Absence of codification prompts the legitimate framework being firm as innovative improvements go before past that which the lawmakers thought. Despite its flaws and solidness, the English basic law, as an agent of the normal law of the UK, is a standout amongst the most productive ones. All states need to embrace the same or somewhat changed legitimate framework. Some law applies all through the entire of the UK; a few applies in a few countries. The four main sources of English and Welsh law are legislation or statutory, common or case law, European Convention on theHuman Rights and European Union law. Body 1)Statutory The primary source of law for the UK is statutory or legislation, which is the law passed by Parliament. Essential law will come into power after level headed discussion and consequent approbation in the House of Commons. It will then undergo support in the House of Lords and will then get Royal Assent in the event that it is to end up law. Secondary enactment is law made outside of Parliament where the ability to make law has formerly been allowed by ... Get more on HelpWriting.net ...
  • 7. The Passage Of Time Has Resulted On National And... The passage of time has resulted in numerous political parties around the world that deliberate on national and international policy. These parties prioritize certain issues over others resulting in the multitude of party platforms such as Green, Conservative, Liberal Democrat, etc. that are seen in governments. Some of these parties are tactically suited to maintaining their original stance with issues that have come up over time. For example, the green parties which have gained relevance concurrently with environmental issues seem to maintain a fairly steady political stance. Other parties, however, have long histories of voting and precedence in government that have sustained over centuries such as conservative and liberal parties.... Show more content on Helpwriting.net ... This hypothesis is that of national location. The philosophy behind this political positioning suggests that in an issue such as European integration there will be more variation seen in countries that have more diverse social and economic factors involved in policy making. The article suggests that with this hypothesis that issues will be decided on by parties potentially depending on what is in the best interest at tat time based on the national feeling that is present in their respective countries. This hypothesis is certainly well–founded in the idea of European integration as if national interests are largely in favor of integration it stands to follow that parties and policy would likewise be in favor. Still, the next hypothesis that is given, the median supporter, also makes sense for parties and shifting stances. In this parties would generally change their stances just enough to create the most potential to gather a maximum amount of votes. This would allow parties in the case of European integration to stick safely to the ideals of their average voter which would potentially allow for the most representatively accurate ideas to take force. This meaning that if this hypothesis were correct political parties would correspondingly move towards integration with their average voters' perspective in mind so as to appeal to the most voters as possible. Finally, the last alternative hypothesis presented in the article took the stance of parties going one of ... Get more on HelpWriting.net ...
  • 8. Benefits Of Uk Enrollment During The European Union... Financial course work 2. This essay will look at the degree to which the advantages of UK enrollment in the European Union exceed the expenses. Economic integration is the elimination of tariff and nontariff barriers to the flow of goods, services, and factors of production between a group of nations, or different parts of the same nation. Before current phase of EU advancement, it experienced six phases of Joining: Inclination exchanging zone, Organized commerce zone, Traditions Union, Basic business sector, Financial aspects and the Fiscal Union (current phase of the UK) and Complete Monetary Incorporation. In 1973, UK turned into an individual from EEC. What occurred after the economic integration in EEC are; separation of UK 's... Show more content on Helpwriting.net ... This is four times more than it was in 2008. It implies that net commitment developing year by year in critical extents. It is about the same sum as the UK government spends on transport each year. So if UK populace will choose to stay out of EU, UK would spare billions in participation expenses, and the "concealed levy" paid by UK citizens when merchandise are sent out to the EU, created by red sort, waste, extortion and different elements. Notwithstanding, The UK 's commitment to the EU spending plan is a drop in the sea contrasted with the advantages of the business in the single business sector. The one the benefits, which the UK will receive from membership, are that it will be tax–free trading among the members. Free trade with other members at no additional taxation helps keep or lower prices of goods, services and food in these countries. In other words, it means that products which made in different parts of the union will cost the same amount in different its parts as firms will not pay to importing or exporting taxes. So demand for UK's and EU's goods and services will increase, as they will be cheaper. This means that consumer's purchasing power will increase because they will be able to buy more things. The increase in demand will lead to increase in supply. In this case, producers will produce more and their productivity will be higher. This graph illustrates that an increase in the demand from ... Get more on HelpWriting.net ...
  • 9. The European Convention on Human Rights Act 1998 The aim of this essay is to critically evaluate the statement 'The European Convention on Human Rights exists to guarantee legal protection to fundamental rights'. It will examine how rights are protected in law and the way the UK approaches the protection of these rights. Explanation will be made of the way that the UK addresses the implementation of the rights in the English legal system. Issues such as conflicting rights and legal limitations will also be considered. An evaluation will be made of whether or not The Human Rights Act 1998 protects the fundamental rights of UK citizens as contained in the European Convention on Human Rights. Before the Human Rights Act 1998 was passed by parliament it had been considered unnecessary ... Show more content on Helpwriting.net ... Under this procedure judges will decide whether or not the public authority has infringed the rights of the person affected and has therefore acted illegally. People can only bring cases against public authorities. Cases cannot be brought against privately funded organisations or individuals. However, because the Act has affected the way that judges are interpreting and developing existing laws the Act can also affect both individuals and private organisations. Clearly though, there will be situations that will arise where the rights contained within the Act will be in conflict between individuals and authorities or organisations. For example, Article 11: Freedom of association and assembly. This Article protects the right to peaceful protest and demonstration. In some circumstances this may interfere with the rights that are protected under Article 8: The right to respect for private and family life. This could occur when the activities of an individual are being protested against outside of their home. An example of this would be when animal rights organisations stage demonstrations outside of the homes of scientists who work in laboratories which use live animals in experiments. Additionally, there are limitations to some of the rights contained within the Act. These are known as 'qualified' rights and in some circumstances these rights can be breached. Article 10: ... Get more on HelpWriting.net ...
  • 10. Nationalism and Transnationalism in the Context of the... Nationalism and Transnationalism In the context of the European Union (...) History says, 'Don 't hope On this side of the grave.' But then, once in a lifetime The longed–for tidal wave Of justice can rise up, And hope and history rhyme. So hope for a great sea–change On the far side of revenge. Believe that a further shore Is reachable from here. Believe in miracles And cures and healing wells.... If there 's fire on the mountain Or lightning and storm And a god speaks from the sky That means someone is hearing The outcry and the ... Show more content on Helpwriting.net ... Aims and objectives During the First and the Second World WarsEurope had to witness nationalist rivalries, which led the continent to the catastrophe. For many, those wars meant the beginning of the end of the European civilization. Others, a minority, drew from that the conclusion that the European capability to overcome aggressive nationalism which caused those tragedies, is achievable by adopting the idea of the united and peaceful continent as a common project.[6] That inspiration was to be insured by a share of common, European distinctiveness. However, this process implies the necessity to consider the impact of nationalism and the role of national states in a growing trend for a united Europe. As Anthony D. Smith predicts: The Europe of the future, if it should ever emerge, will be one of the mass identification and loyalty to the European ideal, alongside or even in place of national allegiances and identities, such that large numbers of the inhabitants of the European continent will not only consider themselves to be first and foremost 'Europeans' but will be prepared to make sacrifices for that ideal. [7] We can assume that a common European identity should construct a parallel between the Union's institutions and the citizens, making them feel that the economic and administrative regulations of the Union are something that have to do with their rights and duties, with their identity. As the
  • 11. ... Get more on HelpWriting.net ...
  • 12. The Power Of Separation Of Powers Of The ECHR The European Convention of Human Rights (ECHR), outlines the various rights of citizens in European nations, giving explicit power to the European courts (ECtHR), as well as domestic courts, with regard to the violation of these rights in the member states of the European Union. One thing to note is that the ECHR cannot be enacted without referring to the Human Rights Act (HRA) of 1998, which was inspired by the Universal Declaration of Human Rights (UDHR) at Geneva in 1948. The aim of this essay is to therefore to discuss how the powers are distributed particularly between the executive (ministers and cabinet) and the judiciary by the Human Rights Act, whether the element of separation of powers is hindered in this event, and to ... Show more content on Helpwriting.net ... This thus highlights that the event of the HRA being introduced into the UK constitution as a constitutional convention is necessary in the protection of human rights of its citizens. It is good to take note of the fact that the HRA, a fall out of the Human Rights Convention of 1953, was majorly enacted in order to enhance human life, as well as respect the inherent freedom of man. The essence of this act, and if truly the derogation of power through this act to the different arms of government compromises separation of power as well as the independence of the judiciary would be discussed in the course of this essay. It should be noted most importantly also, that the introduction of the HRA via the ECHR incorporated parts of the EU law into the UK law, and O'Cinneide further suggests that the international relationship enjoyed by the UK with the Council of Europe and the ECHR is directly within the scope and nature of these reserved powers (outlined in the ECHR). Moreover, Section 6(3)(a) clearly states the courts and tribunals to be public authorities, going further to sub–paragraph (b), giving the function of a public authority also to 'any person certain of whose functions are functions of public nature' such as the executives. In addition to this also, the powers of ... Get more on HelpWriting.net ...
  • 13. Human Rights Act of 1998 The aim of this essay is to critically evaluate the statement 'The European Convention on Human Rights exists to guarantee legal protection to fundamental rights'. It will examine how rights are protected in law and the way the UK approaches the protection of these rights. Explanation will be made of the way that the UK addresses the implementation of the rights in the English legal system. Issues such as conflicting rights and legal limitations will also be considered. An evaluation will be made of whether or not The Human Rights Act 1998 protects the fundamental rights of UK citizens as contained in the European Convention on Human Rights. Before the Human Rights Act 1998 was passed by parliament it had been considered unnecessary to incorporate the Convention directly into UK law as it was thought that the UK already provided adequate protection for its citizens. However, a number of infringements were identified and this eventually led to the start of the legislative process which resulted in the Human Rights Act 1998. Arguments that were put forward for the incorporation of The European Convention on Human Rights into UK law were partly based on the costs and time considerations involved in taking cases before the European Court in Strasbourg. The Human Rights Act 1998 gave the citizens of the United Kingdom the right to bring proceedings for the infringement of these rights before the UK courts. Other lines of reasoning concluded that the incorporation would ... Get more on HelpWriting.net ...
  • 14. Human Rights Law Is No Assistance For Dealing With... LAND LAW ASSESSEMENT 2 STUDENT : 13003135 TUTOR : Sarah Keenan LLB YEAR 2 word count excluding bibliography 3661 'Human rights law is of no assistance in dealing with homelessness.' Discuss STUDENT: 13003135 'Human rights law is of no assistance in dealing with homelessness.' Discuss HOME SWEET HOME "The labour of his body, and the work of his hands, we may say, are properly his." Introduction Even though it has been argued that Human rights is of little assistance in dealing with homelessness, this essay will argue that human rights have marginally opened the gateway for a defense in homelessness cases. This essay will do this by looking at Article 8 and ... Show more content on Helpwriting.net ... The main purpose of the ECHR which being a product of post–war Europe was to promote and expand the freedoms that are today considered paramount to human life in society. It is a requirement that domestic legislation is compatible with the European Convention of Human Rights. The bulk of these rights were engaged and incorporated into the ECHR, however the right to property was not agreed to until 1954 . It has so far been included in a separate protocol, although the ECHR was incorporated into domestic law by the HRA 1998, the rights are not to
  • 15. far from that of those that go back to the traditional principles founded for many centuries. This is firmly stated by Professor C.B. Macphearson where by he tells us that the idea of property is expanded, 'right to a kind of society or set of power relations which will enable the individual to live a fully human life. ' looking back to older property philosophy according to John Locke the concept of property was seen to be embracing of a persons 'life, liberty and estate, the essay will go onto link this theory at the end of the essay. Article 1 of the first protocol can be shown to include the principle that no one shall be deprived of their property, this has been an emblem in democratic government. The attachment of the home can be seen to emanate from article 8, which reflects that a person has a ... Get more on HelpWriting.net ...
  • 16. Axel Springer Ag V. Germany Case Axel Springer Ag v. Germany case In Axel Springer Ag v. Germany case, the European Court of Human Rights stated that the prohibition put by the domestic court on the owner of a newspaper 'Bild' who wanted to publish materials about the arrest and proof of guilt of a well–known actor violated Article 10 of the ECHR. The court, in this case, had to find a balance between two fundamental human rights – the right to private life against the right to freedom of expression. On the 29 September 2004 on the first page the applicant company, the Bild, published the following headline in a large font "Cocaine! Superintendent Y caught at the Munich beer festival", 'Oktoberfest'. The article gave the details of the arrest and what happened to cause it. This article also revealed the history of actor's history of possession and usage of drugs and three photos of the actor. There was another article released by the Bild on 7th of July 2005 its heading was "TV series Superintendent X confesses in court to having taken cocaine. He is fined 18,000 euros!". This article compared actor's performance in the TV series where he helped to capture the 'bad guys' and how in reality he confessed smoking marijuana and using cocaine. However, the court took into account that the actor fully confessed and only fined him. It was also accompanied by a photo of X. On 11th of November 2005 the Hamburg district court prohibited, under threat of penalty, the subsequent publication of nearly all of the first ... Get more on HelpWriting.net ...
  • 17. Human Trafficking Is A Serious Crime And An Unrefined... Trafficking in human beings is a serious crime and an unrefined violation of human rights. It is often linked to organized crime and is one of the most profitable criminal activities worldwide (Access to European Union Law, 2014). There are many different forms of human trafficking, and they progress with changing socioeconomic circumstances. It targets women and men, girls and boys in vulnerable positions (Trafficking in Human Beings, 2013). The International Labor Organization in June of 2012 covering the period 2002–2011 estimated the number of victims of forced labor globally (NPR, 2013). The estimate also included forced sexual exploitation which was, 20.9 million at a global level, with an estimated 5.5 million children being trafficked (NPR, 2013). Europe had a human trafficking matter for decades, where it began with the trading of slaves. The 1400's marked the start of the European slave trade in Africa when the Portuguese transported people from Africa to Portugal to use them as slaves (Timeline of Human Trafficking, 2011). Later on throughout the 1600s, other countries became more involved in the European slave trade (Timeline of Human Trafficking, 2011). Recent studies have stated, more than 23,600 people were victims of human trafficking in Europe during a recent three–year period (NPR, 2013). It is important to understand what human trafficking is considered in Europe, why stricter laws need to be created, and how human trafficking can be prevented. By ... Get more on HelpWriting.net ...
  • 18. Summarise the Laws and Codes of Practice Affecting Work in... Children Act 2006 – Is an Act that defines the new duties imposed on the Local Authorities in respect to improving the Every Child Matters outcomes for pre–school children. The Act also defines new rules in relation to childcare for working parents as well as parental information services. It is aimed at improving the well–being of young children. It emphasises the importance of safeguarding children and young people within an educational setting. If a child discloses neglect or abuse; an establishment should have instructions to help the child. This could be referral to an outside organisation or internally. Human Rights Act 1998– is an Act that gives legal effect in the UK to certain fundamental rights and freedoms contained in... Show more content on Helpwriting.net ... The Convention obliges states to allow parents to exercise their parental responsibilities. The Convention also acknowledges that children have the right to express their opinions and to have those opinions heard and acted upon when appropriate, to be protected from abuse or exploitation, and to have their privacy protected, and it requires that their lives not be subject to excessive interference. Education Act 2002/2006 – Schools which have innovative ideas to improve education, but are prevented by an existing law from implementing them, will be able to apply for exemption from that law. Schools which demonstrate a high standard of teaching will be given exemption national controls such as the national curriculum, agreements on teachers' pay and conditions and the way the scheduling of the school day and terms. The act imposes various minimum standards for independent schools in areas such as health and safety and space requirements SEN Code of Practice 2001– The SEN code of practice 2001 provides a clear framework for identifying, assessing and meeting pupils' special educational needs. The fundamental principles of the SEN code are: –a child with special educational needs should have their needs met –the special educational needs of children will normally be met in ... Get more on HelpWriting.net ...
  • 19. Is Healthcare A Right Or A Privilege? Is Healthcare a Right or a Privilege? Sick Around the World is a documentary about the five other main capitalist democracies: Japan, United Kingdom, Germany, Taiwan, and Switzerland. This documentary talks about how these five countries deliver healthcare and about how the US can learn from them. What is the difference between a right and a privilege? A right: is just a claim or title, whether legal, prescriptive or moral. So in other means you have the right to say what you please. A privilege: is any of the rights common to all citizens under a modern constitutional government (dictionary.com). The idea of whether or not healthcare is a right or a privilege has been a question brought up since our constitution. People for years have been fighting for the right for free healthcare. A right is also something that society values so much that we guarantee it to all citizens. It is something that you are born with and die with. An example of this would be the right to privacy which protects US citizens from invasion of property or person without due process. Regardless of who you are or where you come from, you are supposed to be treated equal. A right is also something that no one can take away from you unless for illegal reasons. But, even people who get put in prison do not fully get their rights taken like healthcare. A privilege on the other hand is something granted to you by Church, or the state, and can be removed. And this is normally caused by a failure to do ... Get more on HelpWriting.net ...
  • 20. The And Authority Across The Eu adequately allocate resources and authority across the EU. Next, I examine if these three assumptions hold true for the EU according to the literature. Europeanization of Eastern Europe and the Balkans Normative framework structurally imbedded in the EU As previously discussed, EU accession can be more broadly understood as a uniform membership approval process guided by the Copenhagen criteria for all prospects, applicants, and members. At a deeper level, the EU is dedicated to resolving uncertainties in the relationship between European states that fueled ages of conflict and mistrust in the past through the creation of a supranational European institutions guided by common European norms. Since the dynamics of these institutions are driven by common values and goals as outlined in the Copenhagen criteria above, norms drive contemporary trends in governance and EU integration. The process of EU development is characterized by uncertainty that often plagues joint decisions and creates collective action problems that is overcome by the implementation of uniform norms, or common European values such as "human rights", "rule of law", "democratization", and "common foreign policy". If there is uncertainty about the relevance of these values in a supranational organization such as the EU, then the notion that a normative framework binds the organization is cannot be supported. The relevance of uncertainty in international relations is discussed by the major political ... Get more on HelpWriting.net ...
  • 21. Public Opinion On European Integration In the past, citizens held mostly absent minded opinions on European Union politics, but today there exists great polarization in attitudes about European integration. The apparent rise in "Euroskepticism" in the post–Maastricht Treaty political environment has been widely discussed and debated in EU scholarship, and marks a stark change from the elite dominated days bygone. EU issues have increasingly made their way into the politics of national governments, and subsequently national citizens have become more thoughtful in their critiques of European integration. In this paper, I will first discuss the three approaches to explain public opinion on EU integration. Second, I will explore the impact political parties and elections play in ... Show more content on Helpwriting.net ... The decline in public support first emerged in the ratification process of The Maastricht Treaty, and has continued in the present due to changing geopolitical relations, issues with the Euro, and other cultural, social, and bureaucratic concerns that have irrevocably become apparent to member state citizens (Hix & HГёyland, 2011, p. 109). Finally, the public is holding the EU accountable for the decisions made for their homes. Sara Hobolt (2012) presents three approaches to explain public opinion on European integration: utilitarian, cue–taking, and national identity (p. 3). The first expounds public support based on the economic implications that arise from European integration, often reinforced through a cost/benefit analysis (Hobolt, 2012, p. 5). The cue–taking approach rests on the idea that the public relies on social and political cues to shape their attitudes on the EU because they are mostly uninformed (Hobolt, 2012, p. 5). The national identity approach emphasizes people's attachment to their country, and thus their affinity to adopting their country's opinions (Hobolt, 2012, p. 5). If one were to explain citizen support or dissent for the EU from the utilitarian perspective, there would be emphasis on trade liberalization. On the national level, public opinion is higher in countries that profit most substantially from EU ... Get more on HelpWriting.net ...
  • 22. Simon Hix 's The European Union Simon Hix is a well–known academic, who researches the European Union and has written a variety of books on the European Union. He addresses how it functions and the problems that are associated with it. Some interests of his that he researches are, 'European Union Politics and Policy, The EU legislative process and the European Parliament, Parties and elections and Rational choice theory' (LSE, 2014). His primary aim when writing this book was to give readers an understanding of how the European Union, as a political system works and how the institutions within it function and why they function in the way that they do and this is the general field of the book. The main contribution the book is making is that the European Union can be ... Show more content on Helpwriting.net ... In the third and final part of the book, the focus is on the policy–making side of the European Union and its main policies and relationships. The thesis of this literature review is that Hix is correct in stating that one can understand the European Union more if they analyse why certain institutions behave in the way that they do and what their reasons are behind doing so. This in other words refers to political science, which is a branch of comparative politics. 'Political science teaches us about how the processes of government (interactions within and between the executive, legislative and judicial institutions), politics (the strategies by individuals and groups to influence government) and policy–making (policy processes and outputs) are interconnected in the EU' (Hix, 2005 p409). Similarly stated in JosГ© Magone's book about European Politics, 'the main aim of the comparative approach is not only to reduce complexity by showing similarities and differences, but also to identify patterns of behaviour within institutions such as political parties, parliaments, governments and the judiciary' (Finer, 1970: 38–9 cited in Magone, 2011 p3). The first argument and a strong one that Hix makes is that the European Union should be seen as a political system rather than a state and he is correct as the European Union upholds many of the characteristics that a political system has. For example, there is transparency to some ... Get more on HelpWriting.net ...
  • 23. There Was A Fear Among European Nations That The United There was a fear among European nations that the United States was getting too strong of an influence on the continent. As Trachtenberg explains, the United States was essential for Europe to rebuild itself and the NATO, serving as a mechanism to protect the continent, centered around the strong U.S. forces. But, there was a realization that Europe was right in between the conflict of the Cold War and that therefore U.S. influence should be balanced by another entity. This was, according to Trachtenberg, one of the initial moments that European nations started to think about the relevance of cooperating. Directed by Monnet's writing, Schwabe supports Trachtenberg's argument. Schwabe argues that Monnet saw it as an essential step in... Show more content on Helpwriting.net ... It was a first step towards an European Union. Not only Schuman was concerned with an integrating Europe, also Winston Churchill famously called for cooperation. Churchill said European cooperation would bring "nothing but good and hope in a richer, freer, more contented European communality." Both Schuman and Churchill passionately talk about Europe not as a means to cooperate economically, but as a political entity that can ensure that a war such as the First and Second World War will never break out again. Besides creating a third block between the United States and the Soviet Union, European cooperation brought a possible solution to the German question. Central to European integration, according to the founding fathers, was creating a political identity over an economic one. But, it took until the 1970's to establish a formal political forum that connected European nations together, almost twenty years after the creation of the ECSC. Monnet argues that efforts for political cooperation failed before the 1970's, naming the European Defense Community (EDC) as an example. The EDC was a response to deal with the possible German rearmament in the ... Get more on HelpWriting.net ...
  • 24. Pros And Cons Of The European Union Since the end of the Second World War the leading countries in Europe try to build a sort of union to consolidate all Europeans countries together and avoid another conflict or a war. The union was evolving in time and it reached a point of the creation of the actual European Union in 1957 with only 6 countries – Italy, Belgium, Netherlands, West Germany, France and Luxembourg. Through the yearsEuropean Union get bigger and bigger and today it have 28 official members even if there is Great Britain which is on the point to leave the union. It is an economic and political union which brings peace into the Europe. Europe was not ever that peaceful and that is thanks to the union. European identity is a very vast topic and everybody understands it and feels it in a ... Show more content on Helpwriting.net ... The motto was translated to all languages of European Union. It is used since 2000 and should express that with all the different traditions, languages and cultures European Union is strong and peaceful. There is also other aspect which can be taken as a part of the European identity as for example the different institutions or the currency. The common currency is called "euro". Euro is not used by all members; only 19 countries out of 28 are in the monetary union. A euro as currency was for a first time used in 2002. European Union has got executive, legislative, judiciary power and its own institutions as parliament, council, commission, court of justice, central bank and many others. Any citizens of European Union have got the possibility to vote their representatives to the European Parliament in order to directly participate in the decision making. We can observe that European Union is using the same symbols as any other country to build a common identity but the question is "does it really works? ". European Union has got as well different strategies to build common identity through more cultural projects as for example Erasmus+ and many ... Get more on HelpWriting.net ...
  • 25. Parliamentary Sovereignty Essay Is the orthodox view of parliamentary sovereignty still relevant in the modern British constitution? Why (not)? 1.The orthodox view of parliamentary sovereignty To define parliamentary sovereignty does not seem too complicated when it is assessed in isolation. Only in connection with other constitutional principles difficult tensions arise. The orthodox view of parliamentary sovereignty is simply that only parliament has the right to make or unmake law and that no other institution can challenge that right. This also includes the rule that parliament cannot bind its successors. Parliament can follow its own procedural rules as it wishes and court cannot examine the procedure by which legislation has been passed (enrolled bill rule). ... Show more content on Helpwriting.net ... A majority of judges even said obiter that Parliament could not extend its lifetime beyond five years, even if the 1911 Act was to be expressly repealed and the extension bill then passed. That leads to the question if there are basic constitutional rules that parliament simply cannot change. Lord Steyn and Lord Woolf held that the courts might have to revisit the principle of parliamentary sovereignty, if Parliament sought 'to abolish judicial review of flagrant abuse of power by government or even the role of the ordinary courts in standing between the executive and citizens'. In such an event, the court might have to 'qualify' the supremacy of Parliament, 'a principle established on a different hypothesis of constitutionalism'. 3.EC Act 1972 The biggest challenge for parliamentary sovereignty clearly comes from the implications of the 1972 EC Act. Section 2 of the EC Act obliges the UK courts to give effect to Union law. That does not mean that the British courts have the power to strike down legislation but they have the power to set aside British law in a particular case and apply Union law instead. Tensions arose in the past in a number of cases in which Westminster legislated against Union law. Good examples of it are the Factortame cases in which Parliament finally had to accept the supremacy of EU (then EC) law. However, the question of whether the traditional rule that no parliament can bind its successors is still valid was not expressly answered ... Get more on HelpWriting.net ...
  • 26. Article Review On Human Rights My assignment will be a discussion about Article 6 (Right to a fair trial) of the HRA 1998. I will explore the article and define it in detail. I will explain why this article is particularly important for a Police officer/Investigator dealing with an offender from the beginning of a case until a court appearance. Furthermore I will discuss the possible consequences if the Police officer/Investigator fails to comply with Article 6. Article 6 (the right to a fair trial) has been developed over centuries, originally copied from sources such as the "Magna Carta, the 1689 Bill of Rights and the common law." (Fair Trial, 2014) But is now Article 6. Article 6 derived from the European convention onHuman Rights. The European Convention on Human Rights is an international treaty to protect human rights and fundamental freedoms in Europe and was signed in Rome (Italy) on 4 November 1950 by 12 member states of the Council of Europe and entered into force on 3 September 1953. Article 6 was created during the aftermath of World War Two, when motivated by the Universal Declaration of Human Rights. The universal Declaration of Human Rights "proclaimed by the General Assembly of the United Nations on 10th December 1948;" (Rights) It was thought to be a wider response of the Allied Powers in distributing a human rights agenda, in the hopes that the violations of human ... Get more on HelpWriting.net ...
  • 27. The Human Rights Act 1998 The Human Rights Act 1998 sets out fundamental rights for everyone within the UK. This incorporates the rights in which were set out in the European Convention on Human Rights, meaning if a persons' rights are breached, the case can be brought to UK court rather than seeking justice from the European Court of Human Rights located in France. In practice, this ensures all new laws are compatible with the Human Rights. The European Court of Human Rights; which focuses on humanities basic necessities, was created in the UK after World War two after Adolf Hitler's horrific actions in the 'Nazi' Germany: After such events forty countries signed a waiver agreeing to abide by such laws, but these countries do not have to be in the European Union. Alongside the European Court of Human Rights there are also the European courts of Justice; which focus on what is right and wrong; every country within the European Union must abide by these laws which consist of twenty–eight countries, soon to be twenty–seven countries if the United Kingdom leaves and Brexit takes a full action to leave. Some of the rights situated within the Human Rights Act are: Obligation to respect human rights, Right to life, Prohibition of torture, Right to a fair trial, Right to respect for private life, Right to freedom of expression, Freedom of thought, belief and religion. The UK has had an ongoing development of the human rights since the Magna Carta first appeared in 1215 in which the beginning of limitation ... Get more on HelpWriting.net ...
  • 28. Simon Hix's The European Union Simon Hix is a well–known academic, who researches the European Union and has written a variety of books on the European Union. He addresses how it functions and the problems that are associated with it. Some interests of his that he researches are, 'European Union Politics and Policy, The EU legislative process and the European Parliament, Parties and elections and Rational choice theory' (LSE, 2014). His primary aim when writing this book was to give readers an understanding of how the European Union, as a political system works and how the institutions within it function and why they function in the way that they do and this is the general field of the book. The main contribution the book is making is that the European Union can be easily understood by analysing each aspect of it. 'The main argument of this book is that to help understand how the EU works, we should use the tools, methods and cross–systematic theories from the general study of government, politics and policy–making' (Hix, 2005 p2). The book is split into different parts and each part assesses certain bits of the European Union, which is what this review will do. For example in one part, the focus is on the legislative branch of the European Union, the executive branch and the judicial branch. In another part the focus is on the political side of the European Union and looks at for example how the interests of citizens are represented to and throughout the European Union in addition to how democratic the ... Get more on HelpWriting.net ...
  • 29. Ukip says †no’ to single-sex marriages Ukip says 'no' to single–sex marriages – At least for now Nigel Farage, leader of Ukip, refuses to support single–sex marriage as long as the United Kingdom is part of the European Union. Ukip is short for the UK Independence Party. This political party is a right wing party with a libertarian angle and a little social conservatism. They are a member of the 'Europe of Freedom and Democracy' group. This group wants to get out of the European Union. They believe that democracy, freedom and co–operation cannot be reached as long as they are under the authority of the European Union. In short the 'Europe of Freedom and Democracy' group is a mixture of parties that support freedom and democracy and are against the formation of a centralised ... Show more content on Helpwriting.net ... These partnerships are similar to marriages in that way that gay or lesbian couples, more or less, get the same legal treatment as married heterosexual couples. However, a civil partnership is not the same as a marriage. This indicates that single–sex couples and heterosexual couples are still not being treated equally. While, in reality, this is all single–sex couples want: to be treated as everyone else. It is important to Farage that the debate is delayed untill the United Kingdom is no longer part of the European Union, because his party believes that everyone's wishes and ideals should be respected. This means those of the people who are against single–sex marriages and those of the people who are in favour of them. However, the marriages were approved and allowed on the 29th of March 2014. But, it was made clear that there are some conditions. Something called the 'quadruple lock' has been introduced. This 'quadruple lock' makes sure that every religious group that does not want to conduct the weddings or does not want to allow them on their property, has the right to refuse to do so. Only those who approve and have explicitly stated that they want to conduct the single–sex marriages are allowed to perform them. This 'quadruple lock' has been added to the bill and makes sure that no religious group, for example the Chruch of England, can ever be forced to conduct single–sex marriages. Ukip is all for this 'quadruple ... Get more on HelpWriting.net ...
  • 30. Eu and the Fundamental Rights.. The European Community (EC) has expressed through treaty provision and case law that the protection of the fundamental rights of EC citizens is vitally important. However, the EC itself is not currently bound to a set of agreed fundamental rights. For years, the European Court of Justice (ECJ) has respected and protected fundamental rights by considering the position of state constitutions and the terms of the European Convention on Human Rights (ECHR). Yet, the ECJ is not bound to follow these. It is not bound to the ECHR, as it is not a signatory. In 1999, when the member states of the EC also drew up the European Union Charter of Fundamental Rights as part of the new constitution. However the documents have not been formally ... Show more content on Helpwriting.net ... But, given the ECJ's long–standing use of the ECHR, the Charter will have a weaker influence. With the current political situation with regard to the Charter it is unlikely that it will be given legal effect in their current state and the ECJ may feel reluctant to use the Charter should it give effect to rights that may later be left out of the final document. Furthermore, giving the EC and the ECJ more power in more areas is an idea that many member states are sceptical of, and this may delay and even prevent the legal status of the treaty from ever becoming. Given all these facts it is therefore fair to assume the Charter is currently an unnecessary document. The introduction of the Charter does however raise questions of how the relationships of the Luxembourg and Strasbourg courts may be affected. The current position of the courts, as described by academic, S Douglas Scott , is "a symbiotic interaction...working out a solution to the sometimes awkward co–existence of the EU and ECHR". The ECJ and Strasbourg courts make reference to the others law but on a limited basis as to avoid conflict. As has already been seen, the ECJ frequently examines the terms and protections of the ECHR when considering issues of fundamental rights in cases before it. As for the European Court of Human Rights in Strasbourg, it has previously had little to do with the ECJ, especially due to its more specific nature. However, with the influx ... Get more on HelpWriting.net ...
  • 31. Human Rights Law Course Work Human Rights Law Course Work 1.0 Introduction The European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as 'the Convention') stands as the world's most successful legal instrument and foundation for international legal process in the protection of Human Rights. Drafted two months after the founding of the Council of Europe, in the aftermath of the atrocities of World War II, it was fundamental to the future and stability of the region to introduce Human Rights in a document able to bring peace, unity and accountability. This was articulated at the conference of the International Committee of the Movements for European Unity where the delegates stated: We desire a Charter of Human Rights guaranteeing liberty of thought, assembly and expression as well as the right to form political opposition; we desire a Court of Justice with adequate sanctions for the implementation of this charter. The subject of this paper is on Article 3 of the Convention, a 'cardinal axiom' of International Human Rights Law, in the sense that it provides the absolute and non–derogable right, which states 'no one shall be subject to torture or inhuman or degrading treatment or punishment'. The prohibition of torture goes far beyond just written international law and has also been manifested as jus cogens and acknowledged as a fundamental peremptory norm of general international law. The absolute nature of this right is however not an express ... Get more on HelpWriting.net ...
  • 32. In This Essay, We Will Consider And Analyse The Effect In this essay, we will consider and analyse the effect of Brexit upon the rights of individuals as well as the effect it will have upon the competence of the devolved Scottish government and its relationship with the UK. Treaties, regulations and directives make up the European Union (EU) law. They have a direct effect which means that they are directly implemented in United Kingdom(UK) law. However, a Directive is 'binding to the result to be achieved, upon each member state to which it is addressed, but shall leave to the national authorities the choice of form and methods '. The national law is legislated in a way that gives effect to the directive. As a result of Brexit treaties and regulations will no longer have effect in the UK, ... Show more content on Helpwriting.net ... The charter was still carrying out its main role of reaffirming rights, but the UK did not allow it to go beyond this power. Leaving the EU would mean that the charter would no longer apply in the UK, as a result a lot of our rights such as environmental protection, data protection etc would be lost. Also, EU regulations and any future or unimplemented legislation cannot be relied upon in UK courts. Therefore, any future improvements of fundamental rights protection will cease to apply in the UK As the UK has now left the EU the most important question is what will happen to our rights. There is great uncertainty about this as it depends upon what path the UK takes and what sort of contact it maintains with the EU. For example, if it joins the European Economic Area (EEA) then the EU fundamental rights law will still apply, this is because the European Free Trade Association has held that the provisions of the EEA agreement are to be interpreted in the light of EU law. Additionally, the remedies available under the EU law are wider than those under the HRA 1998 because of the supremacy principle. The UK will have civil and political rights, but it will lose a wide range of rights and there will be less remedial options for violations. The Human Rights Centre at the University of Essex ... Get more on HelpWriting.net ...
  • 33. The United States Is The Most Powerful Nation Of The World INTRODUCTION The image of the United States has become negative. Do you agree with this statement? The United States is the most powerful nation in the world. As this statement tells you even if you are in this position, other countries with different moral values will look at our values as negative, therefore in their eyes our country is viewed as negative. Our progress and ability to better our lives in this country makes us apart from every other nation in the world. While other nations around the world refuse to allow change and progress into the future era of civilization. Most of them think that their way of living is the way to live and that our way of living, is not the correct way to live and that every other religion or... Show more content on Helpwriting.net ... The United States has been for hundreds of years, adapting and reforming all their citizen's human rights. This has allowed every person or individual to voice their concerns and worries. Other countries around the world do not allow any basic human rights and utilize religion and tyranny as a way of denying the basic human rights that every individual should be entitled to. The following articles statistics state that, Global Attitudes and Trends, helps reiterate that the image of the United States while in some countries while negative, it has improved overtime. The future generation (young adults) are looking at the United States as a nation that has the ability to overcome the negativity of the image that has been damage by propaganda and incorrect political policies in the past. Currently, the majority of 30 to 43 nations express a favorable opinion of the United States. This includes majorities in five of seven European nations, where 78% of Italians, 75% of the French and 73% of Poles voice positive views of Uncle Sam (Trends, 2014). There is no evidence of a rise of anti–Americanism in most of Western Europe, home to great animosity toward Washington in the middle of the last decade. Only in Germany, where U.S. favorability is down 13 points since 2009, has the positive image of the United States slipped significantly. And, despite this slippage, roughly half of Germans (51%) still see America in a positive light (Trends, 2014). The table below ... Get more on HelpWriting.net ...
  • 34. The Importance Of Human Rights What can be considered as a human right? As quoted "Human rights are moral rights possessed by all human beings simply in virtue of their humanity." Human rights are entitled to all human beings disregarding everything that divides and splits one human being from another. Things like religion and nationality can't take away ones right to be considered a human. In the case of A v Secretary of State for the Home Department however, also known as the Belmarsh 9 case, it seemed likeHuman rights were not given any attention at all. "The case concerned the indefinite detention of foreign prisoners in the United Kingdom prison 'Belmarsh'. The prisoners were held without trial under section 23 of the Anti–Terrorism, Crime and Security Act 2001. This decision and the subsequent detentions were challenged at court in terms of their compatibility with the aims of the European Convention on Human Rights." This act directly breaches article 6 of European Convention of Human Rights "Right to a fair trial". 9 men allegedly were considered a threat to national security, so they were about to be deported from the country, but until the deportation took place they were held and seized under the Anti– Terrorism, Crime and Security Act of 2001. "Section 4 of this act enabled the individuals to be held indefinitely, without trial or deportation." "However, the power was only applied to non–British nationals. Under section 25 of this Act, they had the right to appeal to the Special ... Get more on HelpWriting.net ...
  • 35. Should Prisoners Be Given The Right To Vote Essay example Should prisoners be given the right to vote? The UK has been accused of breaching the European Convention of Human Rights Article 3 of protocol 1 by having a blanket ban on prisoners voting. The European Court of Human Rights (ECHR) promotes the idea that convicted prisoners should be allowed to vote and have a right to vote, despite the Conservative party being opposed to this view. As a result the ECHR have being pressuring the Tory's to bow to their rules for many years. This essay will examine the history behind the debate of prisoners voting and, give reasons in favour of the ban and opposing to the ban, whilst strongly promoting the view that prisoners should not have the right to vote. In 1870, under the Forfeiture Act, prisoners ... Show more content on Helpwriting.net ... This shows that there is little argument against the disenfranchisement of prisoners as they are prepared and encouraged to be a part of society. People are incarcerated for different crimes some a lot more severe than others. For example, a single parent was sentenced to 3 months for the theft of a pair of jeans worth ВЈ10 (BBC News, 2011). However, while these are viable points and questions, the government allowing certain individuals in prisons to vote could be a complicated decision. Felons' circumstances are not simply black and white; there can be a grey area with individual cases. Appropriate retribution is said to only occur when an appropriate punishment is given for the crime (Hegel, 1965). This makes it difficult to judge who has committed a serious enough offence to enable them to be stripped of their right to vote. Streeter said, the UK decided hundreds of years ago that prisoners should not have the right to vote' (Streeter, 2011). This is a settled view in this country which has been accepted since 1870 (Hollobone, 2011). 'Do we want convicted murderers, rapists and paedophiles to be given the vote?' (BBC News, 2010). In terms of making the right decision and having it morally and politically justifiable, felons should not be allowed to vote and it is nonsensical to think they should. This essay has given a brief history behind the debate of prisoners voting. It has examined and shown both sides of the debate and ... Get more on HelpWriting.net ...
  • 36. The United States Is The Most Powerful Nation Of The World INTRODUCTION The image of the USA has become negative. Do you agree with this statement? The United States is the most powerful nation in the world. As this statement tells you even if you are in this position, other countries with different moral values will look at our values as negative, therefore in their eyes our country is viewed as negative. Our progress and ability to better our lives in this country makes us apart from every other nation in the world. While other nations around the world refuse to allow change and progress into the future era of civilization. Most of them think that their way of living is the way to live and that our way of living, is not the correct way to live and that every other religion or culture should... Show more content on Helpwriting.net ... The following articles statistics state that, Global Attitudes and Trends, helps reiterate that the image of theUnited States while in some countries while negative, it has improved overtime. The future generation (young adults) are looking at the United States as a nation that has the ability to overcome the negativity of the image that has been damage by propaganda and incorrect political policies in the past. Currently, majorities in 30 of 43 nations express a favorable opinion of the United States. This includes majorities in five of seven European nations, where 78% of Italians, 75% of the French and 73% of Poles voice positive views of Uncle Sam (Trends, 2014). There is no evidence of a rise of anti–Americanism in most of Western Europe, home to great animosity toward Washington in the middle of the last decade. Only in Germany, where U.S. favorability is down 13 points since 2009, has the positive image of the United States slipped significantly. And, despite this slippage, roughly half of Germans (51%) still see America in a positive light (Trends, 2014). The table below shows how the favorable view has increased or decreased in the countries stated in the table starting in 1999 and until 2014. The percentages represent how the some of the major countries around the world see the image of the United States. While in Europe countries it has improved in the Muslim ... Get more on HelpWriting.net ...
  • 37. Measuring Student Satisfaction with Their Studies Emzetpqota~ ] "Epgvvct / Operational Research. An International Journal. Vol.7, No 1 (2007), pp.47–59 Measuring student satisfaction with their studies in an International and European Studies Department G.V.Diamantis 1, V . K . B e n o s 2 University of Piraeus, 80 Karaoli & Dimitriou Street, 18534 Piraeus, Greece Abstract The satisfaction the students receive from their studies is of great importance. This paper considers ways through which the measurement of service quality could determine the status of a University department in International and European Studies (IES). Student satisfaction is reliant on factors such as the curriculum, the range of the academic subjects taught, the academic staff training, the teaching ... Show more content on Helpwriting.net ... The paper is organised as follows: in section 2 a brief presentation of the IES Department is provided, section 3 presents the design of a student satisfaction evaluation study and the methodological issues raised, section 4 summarises and discusses the study results. Finally in section 5 findings are cited and conclusions are drawn regarding long and short–term goals. 2. The philosophy of the International and European Studies in Greece The need for studies on International Relations and European Union Institutions has been growing in the last decade, having reached a peak after the recent accession of the 15 new member states [EUROSTAT (2005)]. One of the main challenges of the contemporary intemational, political and economic sphere and the process of European Integration, where Greece participates as an equal partner, is the emphatic demand for highly qualified graduates. Such graduates should G.V.Diamantis, V.K.Benos / Measuring student satisfaction with their studies in an International and European Studies Department 49 possess the skills and knowledge required to occupy positions of responsibility within International and European Organisations, the Greek Public Administration as well as private
  • 38. ... Get more on HelpWriting.net ...
  • 39. Sources Of Law And European Convention On Human Rights Essay Starting with the fact that sources of law in Wales and England are similar, there are 4 sources of law, which are: Statute Law, Common Law, European Law and European Convention on Human Rights. First of all, Statute law is a written law passed by a legislature on the state of federal level. An example of it would be В«Theft Act 1968В». It is the first and primary source of law and it is created by proposing a Bill in Parliament. After three readings of the bill in House of Commons and House of Lords and afterwards in Royal Assent is received and approved, then it becomes a satute which must be enforced by courts. Secondly, there is a Common Law. Common Law is created by judiciary and it is also known as В«case lawВ». However, the Common Law could be amended or overridden by Statute Law, EU LAW and/orHuman Rights Law. Third is European union law. It was created as a result of European Communities Act 1972. There are four principal institutions, which are: The council of the EU, European Commission, European Parliament and European Court of Justice. They make the decisions concerning laws. Finally, there is European Convention on Human Rights. It came into effect in October 2000. It takes care about main provisions of the European convention of Human Rights into the UK law. Those sources of law divide in internal and external, Common and Statute are internal while European Union law and European convention on Human Rights are external laws. Internal laws refers to laws that ... Get more on HelpWriting.net ...
  • 40. The Human Rights Act "What are we to make then of the promise of the Human Rights Act that it would provide for better protection of civil liberties?" KD Ewing 'The Futility of the Human Rights Act ' (2004) Public Law Background to the Human Rights Act (HRA) The Human Rights Act 1998 (HRA) was granted royal assent on the 9th November 1998, however, it was not fully implemented until the 2nd of October 2000. Previous to the implementation of the HRA , anyone who wanted to challenge the decision of the UK Government for non–compliance with the European Convention of Human Rights had to take their case to the European Court of Human Rights (ECtHR), which is situated in Strasbourg, France. An individual could only go to ECtHR once they had established that ... Show more content on Helpwriting.net ... An example of this prior to the HRA , can be seen in the telephone–tapping case of Malone v UK taken to the ECtHR, which led to the enactment of the Interception of Communications Act with provision now contained in the Regulation of Investigatory Powers Act . The labour government bill stated, 'the time has come to enable people to enforce their Convention rights against the state in the British courts ... In other words to bring the rights home."' The Labour Party emphasised that their aim was for the incorporation of the HRA to be boarder and deeper than just saving time and money . Within the second reading of the Bill the Lord Chancellor said that the incorporation of the Convention rights through the proposed HRA will: 'Deliver a modern reconciliation, of the inevitable tension between the democratic right of the majority to exercise political power and the democratic need of individuals and minorities to have their human rights secured.' When drafting the HRA it was decided that some articles of the ECHR would not be included, such as Article 1 (Respecting Rights) and Article 13 (Right to an Effective Remedy). Parliament believed that it was not essential to include these articles within the HRA , as the ECHR are protected by the domestic courts by the enactment of the HRA, ... Get more on HelpWriting.net ...
  • 41. The Allocation Of The European Union Essay Politics The allocation of the European Union in agreement of all–embracing or built–in law has been abundant debated, generally in the ablaze of the amount of affiliation that is perceived, desired, or expected. Historically, at least, the EU is an all–embracing organisation, and by some criteria, it could be classified as a confederation; but it as well has abounding attributes of a federation, so some would allocate it as a alliance of states.For this reason, the organisation has, in the past, been termed sui generis, admitting it is as well argued that this appellation is no best true. Any application of the acknowledged attributes of the EU have to alpha by searching at its characteristic features. Although the EU's acknowledged attributes was set out in two precedent–setting judgments of the Court of Justice in 1963 and 1964 relating to the again European Economic Community, the judgments are still valid for the European Union in its accepted form. The EU's accepted controlling action is accepted as 'Ordinary Legislative Procedure'. This agency that the anon adopted European Parliament has to accept EU legislation calm with the Council. Before the Commission proposes new initiatives it assesses the abeyant economic, amusing and ecology after–effects that they may have. It does this by advancing 'Impact assessments ' which set out the advantages and disadvantages of accessible action options. The Commission as well consults absorbed parties ... Get more on HelpWriting.net ...
  • 42. When Memories And Events Become Institutionalized In A When memories and events become institutionalized in a museum setting, they become the lens through which present and future generations gaze into past. National museums promote local history and identity, but what about multinational museums and multinational identity? This is the question the European Union hopes to address with their sanctioning of the House of European History (HEH). The main goal of the HEH is to create a collection of permanent and temporary exhibitions to invite people into a space where "the concept of the European idea can continue to grow" and "the knowledge and dissemination of the culture and history of the European peoples" can be improved (Committee of Experts, 2008, p.5). However, because the HEH is funded... Show more content on Helpwriting.net ... The conceptual basis is divided into four parts with 116 points in total: forward, conceptual and museological basis, central topics of the permanent exhibition, and outlook. In the very first point, it is outlined that the museum should be a "place where a memory of European history and the work of European unification is jointly cultivated" (Committee of Experts, 2008, p.3). Some of the main themes that the museum is supposed to represent include the diversity of history and a commonality of roots, peace, liberty, and a willingness to live together, as well as the idea of progress and keeping the idea of Europe alive. In the second section, it talks about the academic goals of the museum and the way it should be set up in order to be accessible to a variety of people, such as free admission and explanatory texts in multiple languages (twenty–four to be precise) (Committee of Experts, 2008). The HEH is meant to be an independent institution that provides education to the young people of Europe in order for them to become active citizens in shaping the EU's future. Points 27–112 explain the central topics of the exhibitions that will be in the museum, but do not go into detail regarding the artifacts and objects they will represent these topics with. After this initial Conceptual Basis, another draft was written in 2013 with a small amount of changes. Although the museum was first set to open in 2015, it was then pushed to 2016. The current expected ... Get more on HelpWriting.net ...