Human Rights Act Essay Example | Topics and Well Written Essays - 1500 words - 1

Human Rights Act - Essay Example The omission of the right to an effective remedy for violations of Convention rights (Article 13 ECHR) from the list of Convention rights which the Act made part of municipal law militated against the development of innovative remedies. So did the careful preservation of the principle of the legislative sovereignty of the Queen in Parliament, making it impossible to strike down primary legislation which is held to be incompatible with a Convention right. (The remedial regime would be much enhanced if the EU Charter of Fundamental Rights becomes legally enforceable through the implementation of the EU Constitution: parliamentary legislation which is incompatible with the Charter rights would then be ineffective to the extent of the incompatibility). Under section 4 of the Human Rights Act 1998, the higher courts can make a declaration of incompatibility, but that does not affect the validity or effectiveness of the incompatible legislation. Thirdly, on the other hand, the political pr ocess has proved to be responsive to the injection of human rights standards. The Act carefully preserved parliamentary sovereignty in the sense that courts are unable to misapply or strike down legislation on the ground of an incompatibility with a Convention right under the Act. ... This means that the ultimate interpretative principle does not now turn on the literal meaning or objective purpose of the legislative text but on the effect which will be best calculated to secure compatibility with Convention rights, subject to the constraint of the 'possibility' of a reading or effect in the light of the legislative text. There are important questions as to the point at which a reading or effectuation of legislation that is legitimate for a decision-maker in his or her institutional position in the state shades into illegitimate legislative action. However, subject to this it is clear that the literal reading of legislation, the intention of the legislature, and the mischief which the legislation was designed to address no longer offer a final answer to questions as to the meaning and application of legislation. To some extent this restricts the practical ability of Parliament to give effect to legislative purposes, at least in so far as the mode of expression leads to a result that is incompatible with Convention rights. Unlike the duty under section 3 of the Act, the power of one of the higher courts under section 4 to make a declaration of incompatibility in relation to legislation does not formally limit the capacity of the Queen in Parliament to give effect to Her legislative goals or the means by which Her Majesty can do so. However, a declaration under section 4 has some odd characteristics in the perspective of accepted constitutional principles. The Queen in Parliament has authorized judges to declare that parliamentary legislation is in some sense wrongful by reference to the objective, legal standards set by Convention rights. Admittedly

Evaluations and Assessments Essay Example | Topics and Well Written Essays - 500 words

Evaluations and Assessments - Essay Example The purpose of these assessments is to ensure that students are acquiring the essential skills, concepts and subject knowledge in social studies; that they have the opportunity to engage in a broad range of social topics that include civics, economics, geography, history, and general social studies skills. The plan is to eventually these across the state by 2008-09 in order to measure student learning in social studies. 9 CBAs are targeted for elementary school. They are believed to be better able to assess the subject as compared to standardized multiple choice and short answer questions for instance as well as have other advantages. The main component of the CBA is the rubric page. This details how a student can reach proficiency for the particular assessment. Besides this, the CBA mentions support materials, provides a student checklist, suggested resources etc. Both formal and informal assessments are similar in that they seek to provide a measure of student performance, usually as a summative assessment of learning. However, formal assessments are conducted under stricter exam conditions because their scores are noted on the student records. On the other hand, informal assessments are typically used to provide students with practice for the real formal assessments and may not be conducted under such strict conditions. The CBA issued by the Office of Superintendent of Public Instruction are formal assessments. Any other student assessments conducted entirely by the teacher would be considered as informal. The Content and Regional Focus for GLEs for grade 1 is based as Families and the concepts of near and far, now and then; for grade 2 is based on Community and the same concepts. A simple example of a pre-assessment question is given below. Another question could test the student’s knowledge and understanding of a

Book review Essay Example | Topics and Well Written Essays - 1250 words

Book review - Essay Example The author’s usage of the word dirt as an allegory is the main construct of the entire book. The book is a distinctive exploration of culture in the early nineteenth century when the colonial settlement took place in New Zealand. It also presents a well-drawn picture of scholarly and enlightening history of sanitation and public health awareness in the early Dunedin, New Zealand. The way the book is written and constructed, it pulls the threads of the discourse analysis, cultural theory, as well as anthropology. The author uses a research methodology that answers certain questions like what does dirt symbolizes or points to, in what ways the colonial settlers parleyed their negative impact, and how did the dirt positively contributed to the city’s development. Moreover, the author highlights the cultural eventuality of dirt that inspired its changeability in the colonial settlements. She provides a narrative on the regulatory practices that added to the dirt and describ es the incidences by using a metonym for the polluted city. Wood’s coherently expresses the implications of her knowledge of history and its snowball effect on the current thinking of town planning. She quite impressively draws a collection of primary sources that without doubt produce a substantial addition to the literature of history of Dunedin. Undeniably, the book is a historical record of a relationship of dirt and the city. Nevertheless, Dirt clearly qualifies for the work of cultural studies and the historical work presented in the book is only to support the theoretical framework of the book (Woods, 2005). Moreover, the book sheds light upon the subject in nine chapters that are built upon splendidly captioned modern photographs, drawings, and cartoons. Wood’s weaves the history of colonial settlers and the impact they had on the Dunedin, New Zealand’s largest city. She has discussed that the issues in the times of colonial setters in the city of New Ze aland were more than the limitation of public health, prowling perils of immorality and town planning. Furthermore, she explores the vital role played by the hospitals and doctors alike, along with authorities who joined in the cause to protect the public from disease and decay. Thus, in order to do so she skims through topics like mud and swamps, toilets, sewerages, abattoirs and cemeteries with emphasis upon pollution and decomposed1. Wood’s, with awareness has put her case study in a wider context, by making comparisons with other cities of New Zealand and Australia. Moreover, she has managed to evaluate the impact the British has left upon the cities thinking that they have brought a positive change with the aid of colonizing the cities. Therefore, the book covers all the points in order to justify the topic the writer has used a multi pronged approach and has showed the intricate linkage between the colonial concept and the dirt, filth and disease it brought with itself2 . Dunedin’s dream withered in to poor planning, unhygienic sanitation, formless roads and the piled up waste, the crux of the statement is that the impact of importation of cultural practices soon discoloured the dream of modernity of early New Zealanders. The surfacing of the city brought with it correlations between human and dirt, matter and culture. Dirt was an unalterable part of the new community, which formed and grew in the presence of disease, decay, and pollution. From the 1790 onwards, the European settlement was intermittent

The report of the application of systemic and complexity thinking in Essay

The report of the application of systemic and complexity thinking in organizational development - Essay Example The author’s further examination reveals that some leaders embrace and easily adapt to a liberal manner of thought in which new concepts and ideas are developed while others are stuck to a conservative way of thought or liberal thinking. The organizational leaders that are stuck to the conservative way of thought have no interest in understanding the systemic and complexity of thinking. This lack of interest prevents them from adopting the thinking strategy and consequentially, they cannot be able to enjoy the benefits of liberal thinking since they are stuck to making decisions which are on the basis of conventional linear thinking. If a person wants to adopt the systemic and complex way of thinking, they need to ask themselves some several questions. Some of the questions that the author has presented as very important in asking oneself in order to help a client or person to appreciate the limitations of linear mechanistic thinking are; how does the organization view itself within its existing environment?; what is its purpose; what are its challenges?; how are its relationships with others?; what is being done and what is not being done?; among others that will be pointed out later in the essay. It is also important that clients not only understand what systemic and complex thinking entails, but also get to possess the necessary knowledge and skills to help them practice this skill even with the absence of a consultant. Analysis of Opinions The author emphasizes on the need of understanding organizational development and its work and how systemic and complexity thinking can be applied in real terms. The consulting work of organizational development creates an opportunity for applying systemic and complexity thinking to practical issues. Consultants describe their work as giving help to people that work in organization in order to achieve the results that they are all aiming for. However, this is only but a theoretical definition. Learning and personal development processes can be established through effective organizational development efforts. Organizational development is therefore aimed at implementing change through a better understanding of how complex, adaptive systems operate. The relation of this to leadership is that for a leader to initiate change, they first have to take into consideration the reactions of the organization and members of the organization as a whole. This is because change has the capability of enhancing the performance of an organization in either a positive or a negative way. This therefore leads to changes in the cultural behaviors of people within the organization. Process consultation is a branch of work in organizational development. Through this process, a client is able to understand the process activities that are taking place in their environment and get to know how to act upon them. This process as part of systemic and complexity thinking helps the client and the organization to have a bette r relationship with each other. It also helps the client to get in to a place of reflective learning and personal discovery. Therefore, in essence, the leadership, through process consultation, is able to build the client and also build their organization. They build the client since they give the client a chance to provoke their thinking to one of complexity.As pointed out earlier, this helps in improving the consultant-client relationship. When the bond between these

Comparative Law Essay Example | Topics and Well Written Essays - 2250 words

Comparative Law - Essay Example Political arguments about gun rights fall into two basic categories, first, does the government have the authority to regulate guns, and second, if it does, is it effective public policy to regulate guns? (Spitzer, 1995). Gun debate refers to a continuing political and social debate concerning both the constraint and accessibility of firearms within the United States. It has been among the most controversial and intractable issues in  American politics. The debate has been distinguished by an impasse between an individual right to bear arms based on the  second amendment  and the accountability of government to avert crime, preserve order and protect the welfare of its residents. The right to own a gun and defend oneself is considered by some as a central tenet of the  American identity (Spitzer, 1995). The two early state court cases,  Bliss  and  Buzzard, set the debate in interpreting the Second Amendment, i.e. whether it protected an Individual Right or a Collective Right and occupied the American legal experts thinking for years to come .A debate about how to interpret the Second Amendment evolved through the decades and remained unresolved until the 2008  District of Columbia v. Heller  U.S. Supreme Court decision (Cornell , 2006). ... Gun rights groups maintain that bans on the sale of certain types of weapons have not proved effective in reducing violent crime, and that proposals for stricter background checks at gun shows are designed to eliminate gun shows themselves. Some gun manufacturers have volunteered support for safety locks, but the NRA has criticized safety locks for placing an undue burden on gun manufacturers without a proven benefit to the public (Crothers, 2003). The first category, collectively known as rights-based arguments, consist of Second Amendment arguments, state constitution arguments, right of self-defense arguments, and security against tyranny and invasion arguments. Public policy arguments, the second category of arguments, revolve around the importance of a militia, the reduction of gun violence and firearm deaths, and also can include arguments regarding security against foreign invasions. On June 26, 2008, in  District of Columbia v. Heller,  the United States Supreme Court aff irmed, by a 5-4 vote, the decision of the D.C. Circuit Court of Appeals. This decision struck down the D.C. gun law. It also clarifies the scope of the  Second Amendment to the United States Constitution, stating that it stipulates an individual  right  irrespective of membership in a militia. However, the court made it clear that like other rights, the right to bear arms is not without limitations, leaving open the prospect of governmental regulation. The decision declined to rule on the  incorporation  of the Second Amendment, leaving its applicability to the states unsettled "While the status of the Second Amendment within the twentieth-century incorporation debate is a matter of importance for the many challenges to state gun control laws, it is an issue that we need not

New Service Ideas ( based upon changing Consumers and Markets) Article

New Service Ideas ( based upon changing Consumers and Markets) - Article Example Try to find articles that have a focus on consumers or consumer groups and how they are changing. DON’T pick articles on new products or services- pick a broader consumer or environmental trend- make sure it is a major, not a minor trend- and that it is in the U.S. (we are not focusing on other countries for this assignment- it may be a Global trend- that’s OK, but must be ‘trending’ in the US too.) 2) Then answer the question "HOW are these trends important to marketers of services?" How will they Impact some services? (1/2 page). Focus on SERVICES, not products- and how this trend will impact Services in General- what unique elements of services will be impacted by this trend (like restaurants, or bars, or airlines, or hotels†¦etc) 3) Finally, take a stab at developing TWO NEW (2) Services or Service Extensions (Wal-Mart having child-care; Target decorating college dorm rooms) that would capitalize and be successful because of this trend. Cool examples in past of new services: â€Å"Elder Universities† (for seniors); Airlines for adults only (no babies/ children); Nightclubs for older women (cougars); Cruise Lines for Disabled People; Spa for Asian Americans; Evangelical Christian Dating or Cruise Line, Vacations where you can take your dog†¦.etc. (1/2 to 2/3 page for EACH service idea). Turn in a copy of the two articles with your 2-2.5 page write-up (hint- good magazines/journals to look in are American Demographics, Advertising Age, Business Week/Forbes/ Fortune, and Wall Street Journal. One of the major social trends that is developing in America is assimilation of immigrants and young generation adapting to cultures from different cultures. For instance, more kids of young generation are exploring new avenues of socializing and even dating. More than ever, groups of different nationalities and religions are intermixing, which is

Source G is an extract from a novel about evacuees Essay Example for Free

Source G is an extract from a novel about evacuees Essay Source G is an extract from a novel about evacuees. It is from Carries War, a novel for children written by Nina Bowden in 1973. Source G tells the story of two children entering the home of a host family. The story is from the childrens perspective. From analysing this source, there are certain aspects that make it reliable. Not a speck of dust anywhere. The beginning line immediately gives us the impression of a rich, tidy and prosperous house in the country belonging to an upper middle-class family. I think that Source G give us the common thought in that time of people living in the countryside being wealthy. Certain aspects of this quote is reliable because it was also shown this way in the film , the people that lived in the country had a better, much cleaner lifestyle. Better change into your slippers before I take you to your bedroom also indicates the general thinking in that time; country people thought that children coming from industrialised city areas could not even afford basic necessities, had no education. This was one negative, snobbish attitude that a majority of people in the country lead. From my own knowledge, many children lived in poverty, this certain aspect of the source does reflect reality in WW2, many children lived in over-crowded slums. Furthermore, when Miss Evans says your bedroom portrays that she probably lives in a wealthy big manor that has many individual rooms. Houses in the countryside were a lot more spacious, so this could be reliable to the historian to assess the differences between the lifestyles people in the city and country led. However, the evacuees giggle She thinks were poor children this suggests to the historian that these children may not be poor as Miss Evans assumed, they might also have come from an upper middle-class family, it was very stereotypical view at this time of WW2 where the people in the country used to think that town people were poor. This shows a whole new perspective rather than the general thoughts which give the historian a slightly balanced view now. From my own knowledge, some evacuees enjoyed their time, children could have there own private clean and comfortable, they had more baths, education, these are a positive outcomes out of evacuation. This source is useful as it portrays most evacuees faced the same situation of adapting into a new lifestyle.