Essay about The Human Rights Act - 2435 Words

The Human Rights Act ‘The Human Rights Act in its present form, besides failing to properly incorporate the European Convention on Human Rights, gives the United Kingdom a defective law which puts it at the bottom of any international league table of bills of rights. The Act talks of rights, but keeps them at arms length and has as a consequence been hesitantly applied by the courts.’ Discuss. Since 1966, Strasbourg was the final resort for British citizens to claim their rights. It was frequently criticised for its â€Å"long and expensive process [†¦] [which sometimes appeared] to be Europe imposing its will on the†¦show more content†¦Supremacy of Parliament was kept due to the fear â€Å"that the Act would transfer too much power from an elected Parliament to the judiciary.†[3] Even though in relation to how Dicey expected that Parliament acted in order not to abuse power in the country, acting reasonably, it still has the power to repeal the HRA which constitutes the basic assurance of human rights in UK. In accordance with Lord Nicholls in the case of In Re S, â€Å"the Act seeks to preserve parliamentary sovereignty [and it] maintains the constitutional boundary.† On further analysis, it can be noted that Parliament can enact any legislation that would offend the Convention without anyone being able to decline it, which brings us, to the same conclusion as Lord Irvine, stating that â€Å"the ultimate responsibility for compliance with the Convention must be Parliament’s alone†[4] If a breach of the convention occurs the court cannot interpret the provisions in a complex way (it would be against section 3) nor can they declare that the Act is void. Nevertheless, under section 4 of the HRA, Parliament offers the courts an opportunity to make a declaration of incompatibility whenever they find that legislation is not acting in harmony with the Convention. In theShow MoreRelatedThe Human Rights Act3299 Words   |  14 Pagesâ€Å"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 GovernmentRead MoreHuman Rights Act 1998 ( Hra )3755 Words   |  16 PagesSection 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 remainsRead MoreSignificance of Section 3 and 4 of the Human Rights Act 19981312 Words   |  5 PagesThe power to strike down Acts of Parliament is defined as the power to declare legislation invalid because it is unconstitutional. This paper will critically assess sections 3 and 4 of the HRA 1998 by defining them, reviewing case law surrounding their use, and by evaluating the powers that they give to the judiciary. By doing so, it will demonstrate that section 3 gives judges powers that are no t significantly different from the power to strike down Acts of Parliament, whereas section 4 does notRead MoreThe Between The Uk Parliament And The Human Rights Act 1998 ( Hra ) On Sovereignty1030 Words   |  5 PagesParliamentary Sovereignty is, as Dicey coined â€Å"the right to make or unmake any law whatever†¦ [with] no person or body†¦ having a right to override or set aside the legislation of Parliament.† Immediately, we see a contradiction between the UK Parliament and the Human Rights Act 1998 (HRA) on sovereignty. The issues David Cameron puts forward in his speech have all attracted much attention from a Human Rights perspective. More and more the European Courts of Human Rights (ECHR) are becoming an integral part ofRead MoreThe Extent to Which the Human Rights Act of 1998 Strengthened the Rule of Law in the U.K. Constitution2570 Words   |  11 PagesThe Extent to Which the Human Rights Act of 1998 Strengthened the Rule of Law in the U.K. Constitut ion The Human Rights Act 1998 (HRA), an Act introduced to give effect to rights from the European Convention on Human Rights (ECHR) in domestic legislation. Its introduction has affected many legal areas; especially the conceptions of the rule of law and their place in the UK constitution. To understand the effect of the HRA, it is first necessary to establish the initial statusRead MoreThe Human Rights Act1495 Words   |  6 Pagesunder UK constitutional law, it is recognised that parliament has the power to enact, revoke or alter such, and any, law as it sees fit.† The Human Rights Act (HRA) 1998 also reaffirms this by saying that â€Å"its recognition of the power of parliament to make primary legislation that is incompatible with the rights provided under the European Convention on Human Rights (ECHR). Even though judges must abide by the will of Parliament, there are some cases were statutes have to be amended for a number of reasonsRead MoreHuman Rights Act1816 Words   |  8 PagesThe Human Right Act 1998 is an act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000.It’s aim is to â€Å"give further effect† in UK law to the right contained in the European Convention on Human Right. The Act makes available in UK courts a remedy for breach of a Convention right, without the need to go to the European Court of Human Right in Strasbourg. It also totally abolished the death penalty in UK law although this wasRead MoreHuman Rights Act1806 Words   |  8 PagesThe Human Right Act 1998 is an act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000.It’s aim is to â€Å"give further effect† in UK law to the right contained in the European Convention on Human Right. The Act makes available in UK courts a remedy for breach of a Convention right, without the need to go to the European Court of Human Right in Strasbourg. It also totally abolished the death penalty in UK law although this wasRead MoreThe Human Rights Act 19981470 Words   |  6 PagesThe 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 necessitiesRead MoreThe Human Rights Act 1998914 Words   |  4 Pagesimplications in regards to this study and the relevance to this particular case. The Human Rights Act 1998 according to Wild and Weinstein (2013-p217) came into force on the 2nd of October 2010. It seeks to protect the rights of all European nations. (LIST ALL RIGHTS IF YOU HAVE THE WORD COUNT) The Equality Act 2006 according to personnel today (2006) was firstly to establish the Commission for Equality and Human Rights, this is applicable to discrimination on grounds of beliefs and religions in the

Gardeners of a Modern Eden - 950 Words

Every garden has its own purpose that makes gardeners devote a significant amount of time to take care of them. Gardeners are coming up with their own unique ways of taking care of their gardens, especially when they make profits out of it. In his book, The Botany of Desire, Michael Pollan claims that the best gardeners of his generation have devoted themselves to growing cannabis, popularly known as marijuana. Intrigued with Pollan’s argument, I totally agree with him. Marijuana growers are the best gardeners because they perfected the plant in growing them indoors, they make a good profit, and the plant itself fills the need of humans for transcendent altered states of consciousness. The modern prohibition against marijuana led†¦show more content†¦Its bitter taste, which somehow contradicts our beliefs with the general rule that sweet is good and bitter is bad, contain the most powerful magic that can alter the textures and even the contents of human consciousness. No one know why cannabis chose to produce THC, but botanists offer several theories: It could be a protection from ultraviolet radiation, an antibiotic from disease, or a defense that make a bug forget where in the world it last saw that tasty plant. Before the prohibition, marijuana was used as a medicine to treat pain, convulsions, nausea, glaucoma, neuralgia, asthma, cramps, migraine, insomnia, and depression (122). So, why was it prohibited? There are two taboos that we can look at. According to the first story that stands behind the taboos that people in the west have placed on cannabis at various times in history was the later campaign to criminalize marijuana in America. Harry J. Ansli nger, the first director of the Federal Bureau of Narcotics and the man most responsible for marijuana prohibition, mentioned the Assassins at every opportunity he have. The Assassins was a vicious sect under the absolute control of Hassan ibn al Sabbah who was terrorizing Persia robbing and murdering with brutal abandon. He used this metanarrative—publicizing every contemporary crime story he could to transform a little-known drug of indolence into one of violence in severingShow MoreRelatedEssay On The Garden Of Eden1173 Words   |  5 PagesScene 1: The Garden Eden—elusive origin of blameless life, sanctuary where Ö ¶Ã—  Ö °Ã—” Ö ¶Ã—™×” Ö ²Ã—  Ö ¶Ã— ©Ã— ¨ Ö ¶Ã—  Ö °Ã—”×™Ö ¶Ã—” (â€Å"I Am that I Am†) once mingled with gardeners, theater in which death fell in love with life. At its gate today stand cherubim with a flaming sword. Döblin and Dostoevsky inaugurate their stories with brief glimpses into Eden, whether this means the order and predictability of a prison or a child’s state of innocent freedom. All that follows is, in true biblical style, the protagonists’ effortsRead More The Rape of Proserpina and Eves Fall in Miltons Paradise Lost3715 Words   |  15 PagesParadise Lost Milton compares Eden to beautiful landscapes of classical mythology, while insisting that his Christian Garden is not like such pagan settings. Miltons negative syntax implies the ineffability of Eden—this unfallen paradise cannot be described by a fallen poet to fallen readers and certainly cannot be evoked by pagan similes. Yet Miltons lush catalogue of classical landscapes forces an analogy, and as we amble through the myths, we conjure an image of Eden based on its classical precursorsRead More Biblical Allusions in F. Scott Fitzgerald’s The Great Gatsby1383 Words   |  6 Pagesleave the part y, he looks for Gatsby to apologize for not having known him in the garden (57). These words echo two major biblical images. First, Adam hides from God in the Garden of Eden. Even more closely tied to this image is the scene at the empty tomb where Mary Magdalene mistakes the risen Jesus for the gardener. Gatsbys mysterious origins allude to the confusion about Jesus authority. Tom asks where is he from, I mean? And what does he do? (53) When Jesus preaches in the synagogue at NazarethRead MoreEssay about The Time Machine1573 Words   |  7 Pagesdirection of Space and Time, as the driver determines.† Filby contented himself with laughter. ‘’But I have experimental verification,† said the Time Traveller. ` Wells was born into British poverty to a working class family: father a gardener, shopkeeper and cricketer; mother a maid and housekeeper. However, his quick mind and good memory enabled him to pass subject exams and win scholarship to what is now the honoured Royal College of Science where he studied under the respected DarwinistRead MoreAlices Adventures in Wonderland Essay3216 Words   |  13 Pages For the aforementioned reason fantasy has been a successful genre of childrens fiction from the beginning of the nineteenth century up to the present day however, in my opinion, Carroll is truly a master because within the archetype of the modern fairy tale he speculates upon the problem of fantasy writing and implies his own somewhat cynical and macabre views on politics, childhood and the imagination. This renders Alices Adventures in Wonderland ambiguous and it can therefore be enjoyedRead More The Colonization of Hawaii and Tourism Essay4434 Words   |  18 Pagesknow how it has developed. The suffering produced by the tourist industry began with the emergence of the haole, or white settler. The first explorer to discover and colonize Hawaii was Captain James Cook in 1778. With him he brought capitalism, modern political ideas, Christianity, and the most devastating of all, diseases. The West (Europe) imposed its superior ideology on the native Hawaiian, primitive culture. Hall explains that when Europe brought its own cultural categories, languagesRead More Biblical Figures and Ideals in Shakespeares Richard II Essay4152 Words   |  17 Pagesof majesty. Thus, the drama lies not in the historical facts, but in the effects of the situation on the major characters and the parallels drawn by Shakespeare to other tales. The outrage felt by Richard and his fellow royalists is not due from a modern sense of personal loss, but from the much more i mportant sense of loss of order, which came most predominately from the strictly Catholic sensibilities of the time. In Richards time kings were believed to be divinely appointed and not all the water

Effects of Separated Parents to Their Children - 3692 Words

PREFACE A separation is a difficult time for both parents. But through the eyes of a child is not only difficult but traumatic and confusing. Anyone of us don’t want to be a victim of this situation, because it has a terrible effect The paper is future-focused; it will apply a social analytical perspective to the issues, and a focus on children’s needs and paternal / parental responsibilities to these needs. The research defined the point of physical parental separation, different effects to the children, the reason why they are affected, and access-related problems like dangers on their part which represent not only legal challenges, but also a â€Å"bio-psycho-social-spiritual† affliction for those who suffer the consequences.†¦show more content†¦That said, it’s not always the separation itself that’s the main cause of all this. One major factor in all this is the life after separation, which can, at times, be low-income. Where both parents remain very involved with the children, and very supportive of them – especially where there’s no tension between the parents – the outcomes are often very good indeed. B. Myths about Problems One common preconception is that boys don’t adjust to separation as well as girls, but there’s been no evidence in studies to show any difference between the sexes in this. Similarly, it doesn’t seem to matter how old the child is when separation occurs, at least in terms of long-term outcome. Nor does the absence of one parent from the household necessarily mean an adverse effect on the development of the child, according to recent studies. All these are simply myths that have developed over time, with no basis in fact. C. Effects of Relocation As long as the absent parent remains in the same general area and there’s regular contact, it’s possible to maintain the semblance of a family. If the absent parent moves away, however, then that’s disrupted, and can mean unhappiness and depression for the child, with less frequent visits. It should be noted, though, that with teenagers, things like weekend visits often become less frequent anyway as they develop their own socialShow MoreRelatedThe Advantages of Sibling Adoption in Foster Care Homes over Adopting Single Children: A Comparative Analysis1363 Words   |  5 Pagesover adopting single children and splitting siblings for home based adoption. Adopting a child is an important decision. There are two main ways in which child adoption takes place. Siblings can be adopted for the foster care while on the other hand, children with siblings are separated for home based adoptions. In this paper, it will be shown that siblings adoption is much better and more advantageous as compared to single child adoption (1). In most of the cases, when children are living as siblingsRead MoreEssay on How Divorce Effects Children686 Words   |  3 PagesHow Divorce Effects Children In our society families are divided everyday. The circumstances vary, but they still cause traumatic behavior towards those who are irate about their families separating. It seems to be a delimma for parents that no longer acquire each others company to be subjective about their separation, but what if children are involved. Parents have a tendency to make choices about their marriage with animosity and revulsion towards one another, but what about the siblingsRead MoreThe Effects of Divorce on the Heart and Mind of Children 844 Words   |  3 PagesBill was ten when his parents separated. He lived with his mother and saw his father every Saturday. Four years later, his mother remarried, and Bill added a stepfather to his family. At eighteen, Bill left home to attend college, and after graduation he and his girlfriend moved in together. A year and a half later, they married, and soon afterward they had a child. After several years, however, the marriage began to turn sour. Bill and his wife eventually separated, with Bill’s wife retaining custodyRead MoreThe Effects of Divorce on Children1048 Words   |  4 Pagesintricate than just the completion of a relationship. A common belief regarding divorce is that it entirely involves two parents. However, when a marriage ends in divorce, all individuals associated to the relationship, including children, are affected. As the number of divorces each year continues to increase, researchers have become more concerned with the effects divorce has on children. Many changes in the American family life, with the most critical consequences impacting the youth, have began toRead MoreCognitive Effects Of Parental Divorce On Children And Young Adults1722 Words   |  7 Pages Cognitive Effects of Parental Divorce on Children and Young Adults Catherine B Ricketts Southern Union State Community College â€Æ' Abstract Many countries have conducted research studies concerning how separation and divorce affects children and young adults in cognitive development. It is mutually agreed that over all, children and young adults are recommended to have both parents present while raising the younger generation. This reinforces certain rules and regulations to stay with the childRead MoreA Research On Parenting Aspects Of Military Connected Families And Their Children With Preschool Children1144 Words   |  5 Pagespersonnel, parent, parenting, child-rearing, veteran, and parent-child intervention. Inclusion criteria for this review consisted the study needed to be original research addressing parenting aspects of military connected families and their children with preschool children as the part or central focus of the sample, or testing an intervention study that addressed these concepts. Exclusion criteria consisted of omitting studies of military connected families without preschool children, and non -English-languageRead MoreDivorce Has A Huge Impact On My Life1668 Words   |  7 Pages When I was about 14 months old, my parents separated which then led to a divorce. Since I was extremely young, I cannot remember how it affected me. But once I got into grade school, I was in great knowledge that something was different. I then started to understand the affects my parents’ divorce had on me such as anger, resentment, feeling of loneliness, and prob-lems with communication. Now that I am a young adult, I still feel like I am being affected by those same problems except now I amRead MoreThe Effects Of Divorce On Children s Children1432 Words   |  6 Pagespaper I will be discussing the impact of divorce on children, children’s adaptations to their situations, and finally, my journey through parents’ divorce. Psychological Impact of Divorce on Children In 2010, a comparative study on the psychological adjustment of preschool children from divorced and nuclear families in the nursery school. The research consisted of 30 children from divorced families, and 30 children from nuclear families. Children showed no differences in their general school adjustmentRead MoreDivorce And Its Effect On Children881 Words   |  4 Pagessimplicity of obtaining a divorce, the cheapness of receiving a divorce and additional influences. Divorce destroys not only a marriage, but families and children involved too. Divorce causes further problems in the future for families and children. The effect of divorce can even lead to additional physical and mental abuse, rebellious children, and even health problems. In a technological based society it is natural to want to keep up with the newest gadgets gizmos. Men working longer hours and

The Great Gatsby Destruction of the American Dream free essay sample

The failure of the American dream can be seen through the main characters Gatsby, Daisy and Myrtle and Tom Buchannan. Gatsby is obviously the most important of the four, due to his significant roll in the book. Jay Gatsby is bent on getting his love interest, Daisy, his girlfriend before the war. Ironically, Gatsby, a decorated military officer, is so intent on getting Daisy back he involves himself in organized crime and bootlegging (Callahan 2). He moves in across the river from Daisy and throws lavish parties to try to get her to come and try to woo her back to him. These lavish parties and Gatsby’s inability to move on will ultimately lead to his downfall. Baska 2 Gatsby’s personality parallels with many items brought up in the book. Fitzgerald uses Nick to describe Gatsby mansion, â€Å"The one on my right was a colossal affair by any standard—it was a factual imitation of some Hotel de Ville in Normandy, with a tower on one side, spanking new under a thin beard of raw ivy, and a marble swimming pool, and more than forty acres of lawn and garden. We will write a custom essay sample on The Great Gatsby Destruction of the American Dream or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page It was Gatsby’s mansion† (Fitzgerald 7). When Nick enters Gatsby’s house to attend one of his parties he also describes its grand rooms with high empty ceilings. Gatsby, much like his mansion, puts of this elegant appearance but on the inside he is hollow and tiring to find people to fill that hollowness Daisy’s character is very static just like the Gatsby; she plays Gatsby off and only truly liked him because he was just something new (Callahan 2). Despite being from the upper elite class and having the â€Å"perfect lifestyle†, she still is the third wheel in her relationship. Tom, Daisy’s husband, engages in an affair with Myrtle and despite the thinking that the upper class is perfect and everyone should be like them Tom beats his wife and is very hot headed. Tom is also a factory owner and the New York factories have destroyed this valley known as the Valley of Ashes. In this Valley there is the sign of Dr. T. J. Eckleburg â€Å"The eyes of Doctor T. J. Eckleburg are blue and gigantic—their irises are one Baska 3 yard high. They look out of no face, but, instead, from a pair of enormous yellow spectacles which pass over a nonexistent nose. Evidently some wild wag of an oculist set them there to fatten his practice in the borough of Queens, and then sank down himself into eternal blindness. †(Fitzgerald 24) The decaying face of Eckleburg is there to show the consequences of the American Dream in the twenties and how it had destroyed the lives of many people. It may also be seen as the death of God in this day and age of social decay. Much like Daisy in her youth Myrtle has decided the wealthy life is the way for her. Myrtle up till the end is an almost ideal picture of the American Dream despite cheating on her husband for Tom. Myrtle’s car has broken down and when she exits the car Daisy, who was coming down the road, hits her with her car. Myrtle had gone from the Valley of Ashes to the riches to being murdered by her love affair’s wife. This downward spiral continues when George Wilson, Myrtles husband, believes who ever hit Myrtle was the person she was having an affair with. Tom tells Wilson that Gatsby was driving the car that hit Myrtle. Wilson goes to Gatsby’s house were he finds him relaxing in the pool on a float. Wilson shoots Gatsby then turns the gun on himself, showing us the tragic ending to the books corruption in the American Dream theme. Corruption in the twenties illustrated in The Great Gatsby parallels with many other generations, one such one is the most recent. The world today is filled with consumerism and the idea that to be reat and to be the person in the spot light you Baska 4 must have money and glamour. In The Great Gatsby, there is also the apparent struggle between the â€Å"new money† and the â€Å"old money† just as there is today. The Roaring twenties was the first generation to change the American Dream from the strait laced puritan morals to living large in the mansion. Hollywood, celebrities and the television has imbedded the failures of the American Dream which Fitzgerald has exposed in The Great Ga tsby into today’s culture. The middle class has been given the privilege to have a home and have freedom, so the view of the American dream has been changed by society. Tyler Durden, from Fight Club, expresses the sentiments above â€Å"Advertising has us chasing cars and clothes, working jobs we hate so we can buy stuff we don’t need† (Palahniuk 114). Despite all the ignorant prejudice the recent large scale Hispanic immigration hopefully will show America that The American Dream should not about having money and the perfect life, but having a safe haven to live your life free. The people who left everything to come to America not to be famous or the wealthy but for a better life for them and their children are the true idealization of the American Dream. From the Great Gatsby to the roaring twenties all they way up to modern times people look up to the American Dream for inspiration and try to make it their own. Greed and love may have corrupted the dream for Gatsby, though it is just human nature to want more than what you have and that is the true corruption Fitzgerald has shown his readers.