The power given to judges by judicial review actions and the Human Essay

The power given to judges by judicial review actions and the Human Rights Act 1998 is unreasonable. - Analyse this statement - Essay Example Under certain restricted circumstances, the claimant is entitled to be awarded damages. In addition, the court may pass prohibitory or obligatory orders, restraining the authority from acting unlawfully or to force it to act in a lawful manner.2 As such, judicial review is customarily applicable to the exercise of statutory power, by a public body. It is quite infrequent, in such cases, for a court to disallow judicial review, on the grounds that the exercise of power was unrelated to the discharge of some public function or duty owed to the individual. Issues that in general fall outside the purview of judicial review are those that pertain to the initiation of military action against a hostile nation or the deployment of troops.3 Moreover, a public authority is precluded from breaching the rights provided by the European Convention on Human Rights via Human Rights Act 1998. In R (on the application of A and others) v. Partnerships in Care Ltd, a private mental health institution ha d forcibly restrained the claimant, in accordance with the provisions of the Mental Health Act 1983. The court ruled that this institution was discharging the function of a public authority, as provided for in section 6(3)(b) of the HRA.4 In addition, section 6(1) of the Human Rights Act 1998 requires the principal public authorities to ensure that the Convention rights are not infringed in their functions. In addition, section 6(3)(b) of the Human Rights Act 1998 directs that these public authorities have to ensure that their functions are in compliance with the rights provided by the Convention. The rights provided by the European Convention on Human Rights have largely been frustrated. This is due to the penchant of the courts to interpret section 6(3) of the Human Rights Act 1998, in such a manner that most of the organisations are not classified as a Public Authority. Furthermore, this distressing situation is exacerbated by the fact that the courts have not yet concluded, whet her a regulatory body constitutes a public authority. There are several cases that have challenged the legal effect of Acts of Parliament, in the UK. The decision in Factortame reduced the effectiveness of parliamentary sovereignty. In this case, the House of Lords suspended legislation, in order to establish that EC law had precedence over domestic law. In Jackson and others v Her Majesty’s Attorney General, the plaintiffs contented that the Parliament Act 1949 did not have legal effect as it was not an Act of Parliament. Consequently, the Hunting Act 2004 was also invalid, as it was not an Act of Parliament. This case dealt with whether the judiciary could challenge an Act of Parliament.5 Their Lordships dismissed the plaintiff’s argument and upheld the validity of the Hunting Act. It is indispensable for the courts to recognise the fact that power derived from the constitution is to be apportioned between the various governmental branches. This necessitates an appro ach founded on due deference towards the executive and legislature by the judiciary. It is not possible for supremacy to coexist in this environment.6 All the same, there are several issues, wherein the situation is muddled, due to a plethora of immaterial doctrinal instruments. In Aston Cantlow the House of Lords held that public authorities

London Metropolitan University Essay Example | Topics and Well Written Essays - 2750 words

London Metropolitan University - Essay Example Additionally, Brain Activity will be determined using electroencephalography (EEG). This will be another form of disclosure of confidential or private information. Electroencephalography (EEG) examines brain electrical activity in human brain and it can detect covert processing, a processing without any requirement on responds. Therefore, with this private and confidential disclosure, I would only take into account only participants who volunteer and commit myself to do testing on as far as the project goes and as long as no harm occurs on any of my interviewees or myself. At this stage, I have not yet come across any potential conflicts of interest towards my proposed research project. On the other hand I will not be 100% sure whether there may or may not be any potential conflicts of interest towards my project in the future or not. However, as far as I am concerned, my proposed research project does no harm to participants or myself as one of the volunteers participating in my research project. The risks are potentially minimal since the project involves interviews. However, some participants may be allergic to some materials, including materials that may have been used in making my design objects. Before exposing my research participants to my objects, no matter how common they appear to be, I will ask them if they have any allergic reaction to objects. This way, I will be able to assert with utmost certainty that my project does not harm anyone in any way. The primary objective of this research is to determine the emotional effect of shapes/forms on human brain. Research findings will give an in depth understanding of this important connection and therefore, the use of objects/forms especially jewellery will be optimised to bring positive inner feelings such as inner peace and calm. This will greatly benefit me, participants, and more notably, marketers who can articulate their marketing products to appeal to emotions of their

Intelligence brief analysis Assignment Example | Topics and Well Written Essays - 250 words - 1

Intelligence brief analysis - Assignment Example However, about a week ago, Iran’s senior negotiator said that in the next meetings, the discussions will only tackle nuclear issues (Black N.P). He stressed that the nuclear talks are not similar to military programs talks. Upon his arrival in Vienna, Zarif who is an official in the scheduled meetings said,† the committee believes they can finally reach an agreement†. The six world powers are: Britain, China, France, Germany, Russia and the United States. Their aim however, is to reach an agreement within at least six months. The previous deal has frozen Iran from its nuclear project so far until July 20, a period by which they think they will have already come up with an agreement. Difference of position in the discussion points might make a final agreement impossible because every party would like its interest met which is obviously impossible.US for example want some parts of the nuclear plant in Iran to be abolished if they are to get to an agreement. On the ot her hand, Iran insists that the only discussion they will hold will concern their nuclear program thus excluding their military (Khan N.P). Steven Erlangler.†Iran and 6 Powers Agree on Terms for Nuclear Talks.† The New York. 2014, NP. Retrieved on 26/2/2013, from, http://www.nytimes.com/2014/02/21/world/middleeast/iran.html?ref=nuclearprogram&_r=0 . web Black Ian. â€Å"Iran won’t discuss military programs, say officials.† The Guardian.2014, N.P Retrieved on 26/2/2013, from http://www.theguardian.com/world/2014/feb/18/mohammad-javad-zarif-iran-political-will-final-nuclear-agreement.

Date Rape Essay Example | Topics and Well Written Essays - 750 words

Date Rape - Essay Example In majority of this instances, both the victim and the assailant do not usually believe that the action that took place is indeed, rape. This leads to the reason why a high number of the cases go unreported. The women are usually fearful that their recollection of the story may not be believed, and they are likely to take the blame for their predicament (Wilkins, 2010). One of the recent cases of date rape that captured world attention through the social media is the Daisy Coleman rape case in Missouri. The 14-year-old girl had just moved to the town of Maryville with her mother after the death of her father. On the fateful night, Daisy was invited to a night party by her friend, who was a 17-year-old footballer. Daisy was accompanied by her 13-year-old friend whose name has been with-held for legal reasons. The two girls were glad for having attracted the attention of their high school senior who hailed from a prominent family in Maryville. The two girls snuck off to the party where they made merry till late hours in the night. Soon after, the girls finished taking binge, they lost consciousness and the unexpected thing happened. Their male friend took advantage of their defenseless state, and the two young girls were raped. The rape sojourn was captured on film by a friend of the senior boy who had invited the girls to the party. Later, Daisy was carried and dumped off near her mother’s house. Her personal belongings were strewn across the compound, and her shoes were missing, with the unconscious girl lying in freezing temperatures (Vawter 2014). A report on the case was made to the authorities and investigations were initiated to unmask the events that unfolded the previous night. When the investigations were in top gear, the police discovered that the rape ordeal had been captured on an iPhone. Consequently, they levied the charge of felony for sexual exploitation against the 17-year-old friend who