...Гр. 1410 Свод законов США - основной источник права Одним из основных источников права США, действующих на всей территории США, является Свод законов США. Каждый из разделов данного Свода посвящен регулированию обособленной группы правоотношений. Так, правовому регулированию трудовых отношений посвящен разд. 29 Свода законов США. Необходимо отметить, что положения Свода законов США содержат перекрестные ссылки на нормы отдельных законов, когда-либо принимавшихся в целях регулирования соответствующих правоотношений, также нормы отдельных законов частично включаются в положения Свода законов США, поэтому при характеристике содержания каждой из частей разд. 29 Свода законов США будут упоминаться и отдельные нормативно-правовые акты, в целях исполнения и соблюдения которых и принимаются поправки к Своду законов США. Также помимо разд. 29 Свода законов США в США принимались и отдельные нормативно-правовые акты, регулирующие трудовые отношения. Закон "О справедливых трудовых стандартах" Одним из основополагающих актов в данной сфере стал Закон "О справедливых трудовых стандартах", принятый в 1938 г. Необходимо отметить, что в данном Законе впервые на государственном уровне в США закреплялись права и обязанности работников и работодателей в сфере труда. Таким образом, этот Закон стал первым нормативно-правовым актом в истории США, призванным обеспечить минимальные гарантии уровня заработной платы и других условий труда в США. "Работодатель" и "работник". Данным Законом впервые...
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...Essay Topic: Critically explain and discuss the meaning of international labour law and explore through a rights-based approach the extent of individual rights employment law legislation in CARICOM states. 1|P ag e What is labour law? Before understanding international labour law one must first understand what is labour Law. Simply put by Eaton (2005: p. 109) Labour Law is that part of law that deals with individuals and legal persons in their capacity as employees and employers, i.e. concerned with work and the relationship arising from it.” Clive Pegus on the other hand described it as consisting of “principles, rules and norms that regulate employment relations”, which is “primarily concerned with the rights of workers, trade union and employers, standards applicable to employment relations and the regulation of industrial relations and the labour market”. He also cited Deakin and Morris who argue that “a broader perspective would see labour law as the normative framework for the existence and operation of all the institutions of the labour market: the business enterprise, trade unions, employers’ associations and, in its capacity as regulator and as employer, the state. The starting point for analysis is the existence of the employment relationship as a distinct economic and legal category.” Using Deakin and Morris’s definition, Dunlop’s Systems Theory comes alive as labour law can be seen as the “rules” that govern behaviour (normative framework) within the Industrial...
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...Parliament: Parliament: Parliament = the legislature. It is main way in which citizens are represented. It controls the power of the government, forcing it to be accountable. Above all, Parliament exists to grant formal consent to legislation even though it is dominated by the government. Features of a Parliamentary Government: * Parliament is the highest source of political authority – political power has to be authorised by Parliament * Government has to be drawn from Parliament * No strict separation of powers between legislative and executive – fusion of powers * Government must be accountable to Parliament Features of a Presidential Government: * Legislature and executive have separate sources of power – separately elected * President is not part of the legislature * The President (and therefore executive) is accountable directly to the people, not the legislature * Clear separation of powers between executive and legislature – there is therefore codified constitutional arrangements that separates those powers What is parliamentary sovereignty? * Parliament in the UK is legally sovereign * It is the source of all political power * It may restore to itself any powers that have been delegated to others * It may make any laws it wishes and they shall be enforced by the courts and any other authorities * It is not bound by its predecessors – laws passed by parliaments in the past are not binding on the current parliament...
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...addressed. | Catholic Church teaches that married couples may take advantage of the natural cycles of the reproductive system and use their marriage precisely those times that are infertile (natural family planning); in which case the RH Bill provided otherwise. | The RH Bill can greatly alter the increasing percentage of victims of sexually transmitted diseases like HIV, Syphilis, Gonorrhea and more. | INSIGHT: It is not fair for me to make a firm stand on the issue of institutionalizing the Reproductive Health Bill for the very fact that I, like most of us, have not read the entire provisions of the Bill. And I know for sure, that most of those who continuously blabber about the negativity of the bill have not read the entire legislation as well. It is pitiful to think that most of us battle and argue about this bill when most of us are half-blind about it. Despite this manifestation of my ignorance, I still find the passing of the Reproductive Health bill to become a national law, very fitting and timely considering the situation we have in our country. First and foremost, knowing...
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...Planning the Tour Visits by legislators to your company's facilities are an effective way for grassroots participants to build relationships with legislators. Plant tours illustrate first hand how plant processes relate to legislative issues and are an excellent tool for grassroots advocacy. Tours showcase your facilities' environmental, health, and safety standards and connect members with the interconnect technology industry first hand. The following guidelines will help you plan a successful plant tour: * Determine the objectives for the visit. Decide what issues you want to discuss and how best to link the issues visually with plant operations. Find out if the legislator has particular interests. * Issue the invitation in writing. Offer a range of dates to accommodate busy legislative schedules; dates during congressional recesses are especially appropriate. * Announce the legislator's visit to all employees. Once the tour is confirmed, promote it throughout the company by distributing a brief biography of the legislator and information about the legislator's importance. * Invite your company's government relations staff to participate in the tour. You may also want to consider inviting a few top community leaders and industry association executives. Be careful, however, to avoid a large tour group. * Arrange for photographs during the tour. Work closely with the legislator's press aide on publicity and news coverage. * Offer to provide or...
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...No Casinos Toronto Campaign Student’s Name Institution No Casinos Toronto Campaign Conflict expansion is the incorporated use of advocacy and lobbying, in an attempt to influence legislation changes. In the No Casinos Toronto Campaign, the advocacy groups employed conflict expansion to carry out the course. The groups ensured that most individuals in Toronto are aware of the campaign, and what it entails. They also coerced councilors to make legislation in opposition of the intended casino in the city. In their campaign, the advocacy groups ensured that councilors did not have a wide room for voting in favor of the casino. Conflict expansion is the rigorous use of lobbying and advocacy to manipulate legislation, without giving legislators much of a choice. This essay will evaluate the efficacy of conflict expansion, in regard to No Casinos Toronto Campaign. The advocacy groups in the “No Casinos Toronto Campaign” first contacted the legislators in the city regarding their opposing views on the proposed mega-casino. They wrote to the relevant authorities, regarding the upcoming effects of the casino on the public, the businesses and the Toronto society in general. They tried to convince the councilors to legislate in opposition of the mega-casino proposition (TogetherToronto, 2013). After communicating their stand with the legislators, the advocacy groups then launched and online campaign. The online campaign was to...
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...manufacturing and the exciting careers that are available to inspire the next generation to go into engineering and manufacturing. This will assist with the skills shortage that the uk is currently facing. Airbus, the world’s leading aircraft company, received £1.4m in funding from the fund to help provide training to develop a £190m investment in the production of new low carbon diesel engines at its Dagenham, £8m of the investment coming from the Regional Growth fund, this investment will create 300 jobs in that area, further reducing unemployment and through the training scheme people will gain the necessary skills that they need to revive the British industry. Due to government legislation, companies need to become much more eco-friendly in order to perverse the economy, so to assist and support the new legislation, the government are providing funding into the low carbon vehicles, providing incentives to purchase electric vehicles, this allows the creation of more jobs to be created and more funding to be made for more research and...
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...CORRUPT PRACTICES Deborah Porter AIU Online Abstract While some people might believe that lobbying and bribery is wrong that depends upon the individual involved and probably the circumstances. Lobbying began in the 1830; the term lobbying is derived from the corridors and foyers of legislative chambers which are other wise as lobbies. Representative of special interest groups coming together to discuss issues in the lobbies of Congress and Legislature. Since that time lobbying has become the practice and profession of influencing government decisions and actions. Lobbying has become the practice for the agents of pressure groups gathering together to persuade legislators to support legislation favorable to them. Overall you can say lobbying is any sort of approach to obtain needed support. Bribery is the offering, giving, receiving, or soliciting something of value for the purposing of influencing the action of an official or individual. Most time a bribe is done when one wants to have their public or legal duties discharged. Usually bribery involves transferring cash or personal favors, the promise of paying at a later time and giving anything that the recipient deems to be of value. Bribery is a serious felony I most jurisdiction. The difference between the two is significant. Although both of these are used for personal gain; in lobbying there is no exchange of monies. In lobbying pressure groups mostly uses the power of persuasion to obtain the required...
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...Sates may been seen globally as one of the most powerful men in the world, it is argued that this is only a perception and in fact his power is restricted to persuasion of others who call the final shots. Due to the separation of powers in America the legislature, executive and judiciary are all completely separate which means to get items pasts of decisions made, people from each of these 3 main sections needs to do work. As the president is only head of the executive, he must rely on the support of other people to get hi desired bills and legislation passed. From this comes the argument that his only real main power is to persuade, as it is the 3 departments combined which actually do the work and all he has done is persuade people in these departments to side with him. The president actually has many specific powers he has responsibility for, ranging from the proposition of legislations, submitting the annual bill and veto of legislation, to acting as chief executive, negotiating treaties and acting as the overall commander-in-chief. These powers burden the president with great responsibility; he is looked to for advice and guidance from all areas of government. The president is the chief executive of the United States, putting him at the head of the executive branch of the government, whose responsibility is to “take care that the laws be faithfully executed.” To carry out this duty, the president is given control of the four million employees of the federal executive branch...
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...Lobbying and Interest Groups Lobbyists can have both beneficial and negative effects when it comes to influencing government legislation for the sake of their respective interest groups. A lobbyist is someone who gets paid to speak on behalf of an interest group’s goals. These lobbyists can be former state legislators, legislative aides, and gubernatorial aides who try to educate congressmen and women, as well as a governors, legislators, or aides on the position of the interest group they represent. Currently, there are 1,666 lobbyists in Texas. In addition, one must register, by law, as a lobbyist if they make more than $1,000 on behalf of their interest group per yearly quarter or spend $500 or more influencing government decision makers. Some of the theoretical costs of lobbying are that since not all interest groups have as much money as others, they can not take as elaborate of steps to try to influence government decision makers, such as paying for things like entertainment, “educational” trips, etc. Some of these benefits for the wealthier interest groups (ie: business interest groups) can lead to misconstrued information and possibly seem to appear unethical to the average citizen, even if no laws are broken. After all, the interest groups that can, will take advantage of loopholes. On the flipside, the benefits are that these government decision makers will become educated, aware, and more understanding as to what a certain interest group’s goals are. So in conclusion...
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...the law to make it compatible with the HR Act. In this way, by notifying the government of a breach of the HR Act, the judiciary can prevent government and Parliament being too powerful. An example of this was in the case of A v Secretary of State for the Home Department (2004), where the detention without trial of 9 foreign nationals in Belmarsh prison under the 2001 Anti-Terrorism Crime and Security Act was ruled as in breach of Articles 5 and 14 of the HR Act. The government were forced to change the law and release the suspects demonstrating the definite check on power provided. Secondly, the process of judicial review is vital in checking the power of government, especially as regards the use of statutory instrument and delegated legislation. Judicial review is not like the above method of first instance where the rights and wrongs of the case are considered. Judicial review is a process of administrative justice that examines the procedure and legality of a government action. If the action has exceeded...
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...institutions "have greatly influenced the design of the new Congress under the Constitution" (Squire and Hamm 34). The bicameral system had its originations in colonial governments and the original colonial constitutions had a large impact on the future constitutions. The bicameral legislation structure that is now common in the United States began in the colonial era. The original colonies has systems that greatly resembled that of the English system during the Tudor reign with an unicameral system made up of the governor, the councilors, and the general assembly that was made up by the colony's freemen. Massachusetts became the first colony to separate into two chambers, one made up of the council and the other made up of the general assembly. In the 1630s "the councilors and the members of the assembly developed different interests and concerns, and these differences led to conflict between them" (Squire and Hamm 34). State constitutions became more prevalent as the idea of independence from the crown grew stronger. The states wanted to have control over who would be appointed to represent them in their legislatures. Many of the structures had not been changed from the colonial legislations because the states already had experience of self-government and the bicameral system. The biggest changes came in the upper houses where the representatives became elected instead of appointed. The state constitutions included many new qualifications to serve in the legislatures including...
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...enact laws. It is the business of the executive branch to see that the laws are put into effect through various governmental departments and it is the business of the judiciary (the court system) to preside and rule over who is right or wrong according to the criminal, civil law and often administrative law. Before a social policy or program can come before the judiciary branch of government, someone must believe that a law has been broken. One of the most important parts of policy making are legislative tasks and these tasks are necessary for paving the way for getting a bill passed into law. First task: for an interest group is to clearly define its issue, have complete unanimity on what the problem is and what it wants by way of legislation. This task is crucial if they want any legislative or public support. Second task: create a position paper that organizes the arguments (pro and con) and summarizes what is known or unknown about the issue. Third task: create solutions for the social problem of concern such as a public policy, provision, or program design that...
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...enact laws. It is the business of the executive branch to see that the laws are put into effect through various governmental departments and it is the business of the judiciary (the court system) to preside and rule over who is right or wrong according to the criminal, civil law and often administrative law. Before a social policy or program can come before the judiciary branch of government, someone must believe that a law has been broken. One of the most important parts of policy making are legislative tasks and these tasks are necessary for paving the way for getting a bill passed into law. First task: for an interest group is to clearly define its issue, have complete unanimity on what the problem is and what it wants by way of legislation. This task is crucial if they want any legislative or public support. Second task: create a position paper that organizes the arguments (pro and con) and summarizes what is known or unknown about the issue. Third task: create solutions for the social problem of concern such as a public policy, provision, or program design that...
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...pharmaceutical industry and the substantially significant factors that shape this industry; the industry is primarily defined by very few yet critically influential factors; these consist of: governing bodies, the role of corporate social responsibility, and the emphasis put on the industry and firms by the Research and Development process. The most consequential factor placing emphasis on the industry is the governing body, with it being the legislative body and largest purchaser of the industry exclusive of the USA creates a strategic dilemma for the corporations in terms of profit maximization. Patent limitation, regulatory controls, price or reimbursement controls and extensive safety legislations are methods adopted by the government to legislate control and limitations over the industry. These legislations construct a paradigm that the main objective behind the intervention is to keep medicinal costs low as the majority of the population i.e. under 18’s, over 65’s and people primarily on benefits, medical costs are paid for by the government and with the ageing population the expenditure is ever increasing hence the various limitations. Being the legislative body and the largest purchaser gives the government various types of buyer control; the case study implies that the industry is a “monopsony”, giving the corporations very little bargaining power in terms of profit maximization and can often alter the strategic outlook of a firm, a strategy synthesis states that in some opinions...
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