Monday, December 23, 2019

V Secretary Of State For Justice Essay - 1434 Words

In this essay, I am going to analyse R(Bourgass) v Secretary of State for Justice, an administrative case based on the exercise of ministerial powers by public bodies. The two issues raised in this case were (i) whether the decisions to segregate the prisoners for substantial periods were lawfully authorised and (ii) whether the procedure on segregation was considered fair under the common law. The decision for segregation were made under the Prison Act 1952, Rule 45 of the Prison Rules 1999 and PSO 1700. Rule 45(1) allows the prison governor to arrange the prisoner to be removed from association; rule 45(2) provides that the prisoner shall not be segregated under the rule for more than 72 hours â€Å"without the authority of the Secretary of State† and that authority â€Å"shall be for a period not exceeding 14 days.† This case also involves human rights, procedural fairness, ultra vires principle and the judicial review process in the United Kingdom. Facts and Decisions In this case, Bourgass has been held in segregation for more than 72 hours ordered by a prison officer and longer than 14 days that the Secretary of State may authorise. His representative initiated judicial review proceedings. They were dismissed by the High Court. The Court of Appeal dismissed the appeals, whereas the Supreme Court allowed the appeals. Reasons for the decision: On this first issue, it was clear from Rule 45(2) that the segregation for a period exceeding 72 hours was not authorised by theShow MoreRelatedThe Three Branches Of Government Essay1146 Words   |  5 Pages The Three Branches of Government In 1787 the leaders of the united states gathered to write the constitution which they also divided into three branches to ensure a central government in which no group or individual gains too much control. The three branches consists on the following Legislative, Executive, and Judicial. Legislative branch rejects or confirms presidential appointments, and also has the authority to declareRead MoreMajor Supreme Court Cases Under Judge John Marshall1482 Words   |  6 Pagesdecisions made by Supreme Court chief justice John Marshall have had a major influence on todays Judiciary System. One of his major decisions was in the case Marbury v. Madison, in which he set the precedent of judicial review. Another major decision is in the case McCulloch v. Maryland, in this case Marshall ruled that Congress possesses certain implied powers. Other major decisions made by Marshall were in the cases Dartmouth College v. Woodward, Gi bbons v. Ogden, in which Marshall defined nationalRead More Major Supreme Court Cases Under Judge John Marshall Essay1441 Words   |  6 Pagesdecisions made by Supreme Court chief justice John Marshall have had a major influence on today’s Judiciary System. One of his major decisions was in the case Marbury v. Madison, in which he set the precedent of judicial review. Another major decision is in the case McCulloch v. Maryland, in this case Marshall ruled that Congress possesses certain implied powers. Other major decisions made by Marshall were in the cases Dartmouth College v. Woodward, Gibbons v. Ogden, in which Marshall defined nationalRead MoreThe Federal Reserve - Their Collection Agency the Irs - and the Big Lie!1068 Words   |  5 Pagesmetal Products v. IRS etal. CV-93-405E-EJE U.S.D.C.D.I.) You can click on the citation for a complete text of the discovery document and I refer you to discovery question No. 4 on page 2 where the attorney general specifically deni es that the IRS is an agency of the Government. Holy cow! The IRS is not an organization within the United States Department of the Treasury. The U.S. Department of the Treasury was organized by statutes now codified in Title 31 of the United States Code, abbreviatedRead MoreJudicial Review1615 Words   |  7 Pagesbeen abused. 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It means making law less complex and more intelligible . Access to justice would be, being treated fairly according to theRead MoreMarbury V. Madison991 Words   |  4 PagesMarbury v. Madison On February 24, 1803 Chief Justice John Marshall and the rest of the Supreme Court decided on the seemingly insignificant case of Marbury v. Madison. While ruling the Judiciary Act of 1789 unconstitutional, Judicial Review was established. Granting the Supreme Court the power to rule acts of the Legislative and/or Executive Branch of government unconstitutional, hence serving as a landmark case that further legitimatized the Judicial Branch as a separate, but balanced branchRead MoreEssay on The Case of Marbury v. Madison973 Words   |  4 Pages The case of Marbury v. Madison centers on a case brought before the Supreme Court by William Marbury. Shortly after Thomas Jefferson defeated John Adams in the election of 1800, Congress increased the number of circuit courts. 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Broadwater PAD 525 Strayer University Dr. O’Neal July 09, 2012 Summary of Marbury v. Madison, 5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803). Facts The incumbent president Federalist John Adams was defeat in the presidential election by Democratic-Republican Thomas Jefferson. The day before leaving office, President John Adams named forty-two justices of the peace and sixteen new circuit court justices for the District of Columbia. This was

Sunday, December 15, 2019

Explain why the Environment is such a discursive subject Free Essays

It is a fact that the planets weather is becoming more erratic, and ultimately warmer. The causes of the changes to our weather system are undeniable, but the real debate is if they are entirely man made. Evidence of carbon emissions increasing is available, but there is no â€Å"smoking gun† that categorically proves that the two are linked (sceptical science website – accessed 20/04/11). We will write a custom essay sample on Explain why the Environment is such a discursive subject or any similar topic only for you Order Now Until this can be proved beyond doubt one way or the other, people will disagree on mans impact on the earth. Since the Industrial Revolution of the 19th century there has been a growing concern on the impact of economic development in nature (Moran, 2005, p338). Different individuals and different political parties will have differing views on the impact and relevance of environmental issues in the modern political world. Despite the awareness of the issue, environmental issues would not enter mainstream politics until the 1960’s. Previously there was little thought given to the natural resources consumed by man, but in the modern world their finite nature has been realised (Bentley, 2006, p137). By the late 1980’s all mainstream political parties would have adopted and developed their own environmental agendas (ibid, p138). Pressure groups such as Greenpeace, the CND, Friends of the Earth and the World Wildlife Fund were campaigning in the UK and around the world during the 70’s and 80’s in order to bring the environmental agenda to the political forefront. But it was not just pressure groups bringing environmentalism to the political landscape, but also a whole new political party. The Green party was started in 1985 with the aim of moving politics away from what it felt was the continued pursuit of economic growth and focusing more on clean sustainable living (Moran, 2005, p338). The Green party has continued to rise since it’s inception. The party currently has 109 elected local councillors, 2 European MP’s and in the May 2010 election gained their first seat in the Westminster when party leader Caroline Lucas won Brighton and Hove (Green Party Website – accessed 20/04/2011). With the Green parties growing influence in British Politics, the real threat of global warming, a globalized economy and the existence of more and more pressure groups, we can be assured that the environmental agenda will remain in British Politics for many years to come. There are many examples of environmental campaigns that have already been and gone and the results of which can still be seen today. In 1982 and Englishman named Des Wilson began a campaign called CLEAR, with the aim of reducing the impact of lead pollution from petrol. Lead pollution was known to have serious impact on the health of young children, as well as the environment as a whole. Fortunately for the members of CLEAR, the campaign had already begun to reduce lead pollution in the UK. These campaigns had support in some very influential places. The Royal Commission on Environmental Pollution had already stated its desires for lead free petrol, and the German government had been appealing to the rest of Europe over the danger to German and other European forests. A European Union directive shortly followed and the majority of Western states installed lead-free petrol in their petrol stations by the end of 1983 (Leach, 2006, p423). In 1972 International think tank â€Å"the club of Rome† published a book called â€Å"The Limits of Growth†, and warned that the existing economic growth was putting a serious strain on Earths natural resources and warned of an impending catastrophe for mankind. Awareness of environmental issues was growing in Britain too, with the National Trust, the Council for Protection of Rural England and the RSPB some of the long standing organisation’s joining the environmental campaign. Also, newer groups such as Transport 2000 and the Centre for Alternative Technology sprung up and joined many UK affected and/or based campaigns (Leach, 2005, p424). There is little doubt that the campaigns of these pressure groups helped to bring the environmental agenda to the forefront of British Politics. Environmental issues will affect all other policy areas of political parties and governments in a way that few other issues can. As stated previously with the CLEAR campaign, the effect of placing lead free petrol on the petrol station forecourt would of been non-existent had the lead-free petrol been twice the price of leaded fuel. As such, the British government encouraged the switch by placing reduced taxes on unleaded petrol, so the impact of making the environmentally conscious policy affected taxation in 1983 (ibid, p423). Any new development of roads, rail track or real estate will need to go through certain environmental checks prior to any planning permission being granted. An excellent example from recent times of environmental issues affecting a political decision relates to the planning permissions of the new Olympic Games site in Stratford. As part of the process for obtaining planning permission, the Olympic Delivery Authority produced a 40 page Environment statement on how they planned to maintain the sites wildlife before, during and after the Olympic Games (London 2012 website – accessed 20/04/11). Rather then possibly serving as a hindrance to the project, the environmental impact and sustainability became a key component of what the project wished to achieve. This is clears evidence that environmental issues are so ingrained in political thought that they are no longer considered as an after thought. This is, in my opinion, a clear indication of how the early environmental lobbyists were successful in their pursuit to bring environmentalism to the mainstream political agenda. International agreements on environmental issues will also affect the thinking of a governing political organisation. In 1997 186 states agreed on limits to their carbon emissions. The aim was to reduce the carbon emissions of signed countries to 5% below 1990 levels by 2012. Although initially successful (the 2002 targets set out by the agreement were met) the problems with the Kyoto began when the US withdrew from the agreement in 2001. Although President Clinton had agreed to the treaty in ’97, there were serious issues getting it through the senate, and in 2001 President Bush pulled the US out of Kyoto declaring that it would gravely damage the US economy. The principal of the agreement on Kyoto would see states given a set quota of emissions each year, and these limits they would be allowed to trade off against one another. This would see high emission nations such as the US buy unused credits off of less polluting countries such as The Netherlands. Nations could also earn extra credits by getting involved in environmental conservation works in their own country or in a developing nation (BBC website accessed 19/04/2011). Kyoto would ultimately fail because the principal of trading emissions quotas would be unsustainable, and no significant reductions in emissions were achieved though the life of the treaty. The last attempt to broker an agreement in the international community was in December 2009 in Copenhagen, Denmark. As John Vidal wrote in the Guardian â€Å"The so-called Copenhagen accord â€Å"recognises† the scientific case for keeping temperature rises to no more than 2C but does not contain commitments to emissions reductions to achieve that goal†. After the conference, G77 executive director Lumumba Di-Aping described the deal as having â€Å"the lowest level of ambition you can get†, and John Sauven of Greenpeace UK described Copenhagen as a â€Å"crime scene† (Guardian Website, accessed 19/04/11). The simple truth is that environmental issues are here to stay. The early work of environmental pressure groups such as Friends of the Earth and Greenpeace has clearly had an effect on modern political thought. Every political party will have an environmental policy outlined in its pre-election manifesto as well as in the policy section of its website. As we saw with the Olympic Stadium, the environmental impact of the construction process and post games legacy was a major factor when the whole project was outlined. Environmentalism in politics is here to stay. Major international agreements may fail like Kyoto, or fail to even appear as was the case with Copenhagen, but the pressure groups are growing is strength and influence, and any move by the political system to remove environmentalism will be met with strong opposition and serious repercussions. How to cite Explain why the Environment is such a discursive subject, Papers

Saturday, December 7, 2019

Imagined Communities National Identity - MyAssignmenthelp.com

Question: Discuss about the Multicultural Imagined Communities for National Identity. Answer: Inbtroduction: Australian rules football also known as Australian football or footy. It is a contact sport played between two teams of eighteen players and it is played in a oval shaped field just like a modified cricket ground. The way of scoring points is by kicking the ball between the two long goal posts the team with the high score by the end of the match wins unless a draw is declared (Dawson et al. 2004). The origin of this sport is found to be in Melbourne, Victoria in 1858. It was inspired from English public school football games. The Australian football league (AFL) is the professional completion in the football sport which is linked with Australian rules football. The AFL serves as the sports governing body with the help of AFL commission and it is responsible for controlling the laws of the game. This AFL was was founded as the Victorian football league inaugurating at 1897 (League 2005). Initially it comprised of only team based in Australian state of Victoria. The name was changed to Australian football league later in 1990. There is huge popularity of this sport in Australia but also includes racism and cultural diversities. AFL is having growing popularity among aboriginal community and indigenous people but there is a sense of unhappiness among the foreigners in Australia. Because AFL is mainly concerned about indigenous players and less about overseas players. This essay contains a brief description about Australian culture history and identity of Australia. Also there is a fact given which shows the differences in culture which is followed in the Australian football league. The culture of Australia is a type of western culture which is firstly derived from Britain. It influenced by various inputs from aboriginal and islanders of Torres Strait, oceanic people and geography of Australia ( Clark 2002). British colonization in Australia started in 1788 and after this many migrations of multi ethnic people happened. British and Irish heritage is found in Australia which is evident by the 1) dominance of English language, 2) democratic government, 3) Westminster government, 4) Christianity as a dominant religion, 5) popularity of sport influenced by British Isles. Australian aboriginal people have arrived as early as 60,000 years ago and due to which the evidence of Aboriginal art in Australia has emerged around 30,000 years ago. The people of Australia are termed as Aussie who are of British or Irish ancestry. The term Australia was adopted and popularized. The dominant language is English which is being followed since colonization. Before the invasion of Europeans there were about 250 aboriginal languages. Still now 90 percent of these languages are still spoken but some are mixed with English (Bruce and Hallinan 2001). After the invasion by Britain in 1788 the indigenous or local population was captured and dominated by force by Britain. The aboriginal societies all over the continent has experienced violence and disease. After they were colonized there were lots of discrimination and racism along with many policies (Stratton and Ang 1994). Among the policies one policy was the policy of mixing of aborigins with the mainstream culture. In twentieth century the children of mixed aboriginal- European descent were taken away from their aboriginal parent just to make them more civilized as they will be raised in the white society (Smith 1980). The idea of mixing permeated relations among indigenous population and also with immigrants. After the arrival of Irish catholic settlers the it became Anglo catholic society. Australians are very down to earth and always mindful that they dont give an impression of superiority. They value authenticity and sincerity. They do not draw attention to their academic achievements. Australians keep a high value on relationship. Australian society is a multicultural society. They try to attract immigrants to boost population and work force. They have legalized its immigration policy. The etiquette of Australians are very casual including a small handshake and smile. they normally likes to exchange small gifts. There are diverse religious societies including Muslims, Buddhists, Jews and Hindus. The national celebration of Australia includes the following Chinese new year(February), Anzac day(25 April), sorry day ( 26 may) reconciliation (27 may to 3 June) Melbourne cup( November) (Jackson 2006) Murrie humor is an integral and warm concept of aboriginal society. Black humor is vey delicate and very hard to locate. Aborigines draw humor from situations and the definitions about them which prove painful and offensive if told by Europeans (Meaney 2001) Non Aborigines often comment about how aborigines laugh all the times. The aboriginal people joke on individual basis. This humor is shared by group identification which widens the gap between those who are inside and outside of the laughter circle. The absence of humor displayed by non aboriginal society is conspicuous to aboriginal society who observes white Australians as those who can never take a joke ( Johnson 2006). Based on British system of government Australia is a parliamentary democracy. The federal , territorial and state elections are held every 3-4 years. Voting is compulsory at the federal and state level but not in local government level. Two major political parties are Australian labor party and liberal party. Three levels of government leadership are there. Federal government, state premiers and the mayors in local government. This AFL is of great excitement among the aboriginals and residents of Australia, but the foreigners in Australia or non aboriginal community people are not very much interested in following the Australian football. Because of the culture differences among the various groups of people in Australia. Australia have a diverse cultural difference. To understand this we need to study the various aspects of Australian cultures and history related to it. Australian rule football normally supports indigenous players. Players who are of overseas origin are not so much included in the game. They are included in very less number as compared to indigenous players. Thus the outsiders or foreigners in Australia dont support the game so much. The AFL has nothing to celebrate in terms of its cultural diversity. But the AFL diversity website has claimed that the Australian football has so much extraordinary power that it can bind people together without thinking about their background. But there no s ufficient proof for this claim. According to some research and study it is found out that among the 817 listed AFL players only 22 were of overseas player. It is just 3 percent of the total. This data can be compared to the general Australian population in which almost 25 % of them are born overseas. It can be argued that this AFL figures are not representative of the game as whole but it is an indication of the development pathways which are available for the non Australian born (Tatz 1987). There is a claim by AFL about a higher figure in relation to those of a multicultural background. It is found that about 15 % of the listed players fit the AFLs multicultural criterion of having at least one parent born overseas. Thus here also the AFL falls down because more that 45 % of the Australian population fits this criterion. If we further research we find that out of the 121 multicultural players more than half have one parent from other countries like Britain, Ireland and New Zealand. Steele Sidebottom who is a profession AFL player is born is Australia to an Australian father and mother is from England. This also does not give an idea about the significant embodiment of cultural diversity. More examples of this are players like Simon Black and Dermott Brereton. This definition will allow most of the games Anglo- Australian founders to be described as multicultural and are eligible for selection in the all time multicultural Australian rules team. Yet this construction of multicultural identity is not universally applied in the AFLs thinking. The problem with all of this lies in the creation of a multicultural identity. The so called diversity gurus in the AFL thinks that in breaking Australian society in two categories like insiders and outsiders or native born and migrants or Australians and multicultural. These all factors create a rift between the people who are outsiders and aboriginals. Thus the foreigners avoid the sport and hardly take interest in the game because they feel that they are not treated equal and players of their community are not given equal opportunities as given to indigenous players. Here the indigenous players gets privilege as compared to other overseas players. AFL supports the indigenous players in their struggle so that they can be recognized as powerful and legitimate contributor of the game. AFL is increasing in popularity day by day but still popularity is not there among the overseas fans. This league is now consisting of 18 teams which spreads over five Australia. Thus in this literature we had a brief idea of the history, culture and the details of Australian culture. It also contains brief idea about Australian rules football and the facts regarding the cultural diversity which is followed in the AFL. This will help us to get to know about the Australian customs and etiquettes and also about humor and politics. References: Bruce, T. and Hallinan, C., 2001. The quest for Australian identity.Sport stars: The cultural politics of sporting celebrity, p.257. Clarke, F.G., 2002.The history of Australia. Greenwood Publishing Group. Dawson, B., Hopkinson, R., Appleby, B., Stewart, G. and Roberts, C., 2004. Player movement patterns and game activities in the Australian Football League.Journal of Science and Medicine in Sport,7(3), pp.278-291. Jackson, S., 2006. Re: Focus Design Sacred Objects: Australian Design and National Celebrations.Journal of Design History, pp.249-255. Johnson, C., 2007. John Howard's values and Australian identity.Australian journal of political science,42(2), pp.195-209. League, A.F., 2005. Australian Football League.I Odh Annual Report 1996. Meaney, N., 2001. Britishness and Australian identity: The problem of nationalism in Australian history and historiography.Australian Historical Studies,32(116), pp.76-90. Smith, L.R., 1980. The aboriginal population of Australia.Aborigines in Australian Society, (14). Stratton, J. and Ang, I., 1994. Multicultural imagined communities: cultural difference and national identity in Australia and the USA.Continuum,8(2), pp.124-158. Tatz, C., 1987.Aborigines in sport(No. 3). Australian Centre for Egyptology.