...legislative, executive and judiciary. Briefly, duty of legislative makes the laws. Duty of executive implements the laws. Another part of the separation of powers; judiciary makes trial depending on the law. Judiciary is the most important organ of the separation of powers, and independence of the judiciary is essential in democratic countries. What is independence of the judiciary? Independence of the judiciary is basically separately from the legislative and executive branches . So, what is the level of independent judgment in democratic countries? We will talk about the American legal and judicial system in this article. American legal system was adopted in 1789; it governs according to the constitution of the United States. All the rules of the legal system are established in the constitution such as the operation of courts, assignment of judges, their salaries and duties etc. America consists of 50 provinces, and America's legal system was also determined in a manner that protects of independence of the all provinces. Firstly, let’s talk about the appointments and salaries of judges. Assignment is done by political institutions (the United...
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...of 1976, contained in the US Constitution, and the No Electronic Theft Act (NET Act) provide both civil and criminal recourse for infractions. (US Copyright Office) Although issues of copyright infraction are extremely common in the music industry, the law is clear that the distribution, performance or display of copyrighted intellectual property (IP) cannot be tolerated (Grama 2011). The distribution of songs via peer to peer sharing on the internet directly violated the Copyright Act and NET Act. It drastically affected the market and was not used for non-profit, educational use. Under the provisions of the NET Act, the distribution of copyrighted music is illegal even if there is no commercial revenue to be gained or intended. Under the NET Act, increased penalties for the illegal distribution of 10 or more copies of a protected work were increased to five years imprisonment and/or $250,000 fines for individuals and $500,000 for organizations. For circumstances less than the threshold of 10, the maximum is one year imprisonment and up to $25,000 for individuals and $100,000 for organizations. (GPO 1997) In this case real damages would be sought for the accumulated loss of revenue as well as legal fees, as provided by the Copyright Act of 1976 (US Constitution). In order to meet the statute of limitations on these charges, civil suit must be filed within three years and criminal charges must be brought within five years (US Constitution). The damage done by peer...
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...language status and the extent of governments attempt to preserve them. I will focus primarily on the Breton language in this discussion. Finally, I will briefly mention the language of youth and how its deviation from standard French can be viewed as language diversity, all the while commenting on the gradual regression of speakers of minority languages and asking is the idea of France as one of the most linguistically diverse countries in Europe in jeopardy? Despite the numerous living languages In France, the country is officially classed as a monolingual state: French being the only official language .This is stated in act II of the country’s constitution “La langue de la République est Le Français” (Constitution, 1958). Following a campaign to have regional languages recognised in Frances constitution the government amended the constitution in 2008 by adding one line to the document stating that the state recognised the regional languages were part of France’s heritage but gave them no...
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...Benignus Ndubuisi – MSc in Applied Psychology Philosophical and Professional Issues in Applied Psychology (PS7060) Date of submission – 24/06/2013 Children first national guidance for the protection and welfare of children: A critical examination Table of Contents * Overview 3 * Children first national guidance and the Constitution 3 * Clinical relevance 8 * Conclusion 11 * References 12 Overview This essay examined the Children First National Guidance (2011) document for the protection and welfare of children in Ireland. It focused on the rationale, aims, principles and policies of best practice in working with children; and through those principles and policies addressed the impact of the Children First National Guidance on the Government, parents/guardians, and individuals / organisations that work with children to promote their well-being. Overall, this current study defended the fundamental rights of children by upholding that their safety, health and well-being and that of their families and parents are central to the Irish Government’s policy of best care for children/family. However, as was supported by some constitutional amendment and the Children First National Guidance (2011) - in a situation of conflict between the child’s best interest and that of his/her parent’s, the welfare of the child is utmost. This research also examined the statutory responsibilities of the Health Service...
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...Compare and contrast the Companies Act 1963 -2009 with the Companies consolidation Bill 2011. Highlight the major differences and identify new initiatives in the Bill. The 1963 Act, by law the Principal Act, remains nominally the main Companies Act in Ireland today, but does not anymore provide a comprehensive statement of the law. Since 1977 it has continually been amended. The 1990 Act contains 262 sections of law and the 2001 Act contains 114 sections, although the Principal Act contains only 399 sections. The need for a consolidating Act is greater than ever as nine amending Acts of the Oireachtas and numerous statutory instruments have substantially changed the Principal Act. According to the Company Law Review Group’s (CLRG) report consolidation of the Companies Acts will be the third major consolidation in recent years of bodies of law impacting substantially on commercial activity. The advantages of consolidating significant bodies of legislation are set out clearly in the introduction to the Government proposals for the Taxes Consolidation Bill 1997. Some of these advantages are that all direct (tax) legislation will be available in a single up-to-date Act, in a coherent, orderly and more simplified format. As part of the process, a significant amount of unnecessary and obsolete material will be eliminated and there will be considerable simplification in content. All future amendments will be capable of being slotted into the Consolidation Act by amendment and...
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...war through the Civil Rights era. This paper will focus on a couple of examples of the government expansion and the affects that these particular examples had in influencing the political, social and economic structures. The Civil War Reconstruction era necessitated an extraordinary expansion of the roles and responsibilities of the central government. The civil War resulted in the implementation of amendments Thirteenth, Fourteen, and Fifteen of the Constitution. These amendments created a new federal aspect of citizenship for all, and sought to guarantee universal male suffrage. The Thirteenth Amendment abolished slavery for the entire nation (which, until then had been a state issue). The Fourteenth Amendment reversed the decision that black people could not be citizens, by declaring that any person born in the United States was a citizen. The Fifteenth Amendment carries on from the Fourteenth by saying that states can't deny citizens voting rights on the grounds of race or having once been a slave. Once the constitution had been amended, the United States had to make sure that the new laws were protected and enforced, supporting the new powers of the national government. Which was a daunting task because these amendments changed our nation’s entire social structure which in turn changed the political and economic structures. By abolishing slavery and granting citizenship to all freed men meant that the crop producing southern states of the now had no one to work their...
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...states and three federal territories. As Malaysia is a constitutional monarchy, Federal Constitution (FC) becomes the most supreme law of Malaysia and everyone must adhere to it. The concept of separation of power divided the power of government into three branches as stated in the FC; Executive (Part IV Chapter 3, Articles 39-43), Legislature (Part IV, Chapter 4, Articles 44-65) and Judiciary (Part IX Articles 121-131). Basically, the Executive body will formulate policy and ensures it is properly implemented, the Legislative will make law and the Judiciary will apply the law and settle dispute. In order of superiority, executive body is being the first, followed by legislature and lastly the judiciary. Here, the Executive, Legislature and Judiciary will be discussed and elaborated further to gain more understanding about the body of government respectively. THE EXECUTIVE. Executive generally defined as a body of government that is responsible for executing the laws, determine the general rules, appoint officials and oversee the administration of government responsibilities. It is regarded as the apex of power in a political system. In Malaysia, Yang di-Pertuan Agong (YDPA) is the head of the state and the Prime Minister is the head of government. Executive authority can be exercised by YDPA, or by the Cabinet or any Minister authorized by the Cabinet. The constitution provided that the...
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...Habeas Corpus: An Ancient Law Evolved POL 201: American National Government Habeas Corpus: An Ancient Law Evolved Habeas Corpus is a law that ensures that a person who is arrested or restrained is brought before a judge or court. Should there be a lack of evidence the prisoner will be released. Habeas Corpus can be sought by a prisoner or by the prisoner’s representation. Habeas Corpus has been said to be “the ultimate lawful and peaceable remedy for adjudicating the providence of liberty’s restraint.” (habeascorpus.net) Considering the fact that numerous people have suspended Habeas Corpus or have suspended it for certain individuals, is it still the “ultimate and peaceable remedy” that it used to be? Evolution of Habeas Corpus Habeas Corpus is an ancient common law which originates in England. The precise origin of Habeas Corpus in uncertain but it does appear to be mostly from an Anglo-Saxon origin. Habeas Corpus does date back to before the Magna Carta. (habeascorpus.net) The principle effect of Habeas Corpus was ultimately achieved in the Middle Ages. This was does by employing the use multiple writs. The sum of the writs essentially gave the same effect as the modern day Habeas Corpus. (habeascorpus.net) The Writ of Habeas Corpus was established to create a check of power for the state. It also preserved the rights of individuals from the arbitrary powers of the King, his Court, and his Counsel. (habeascorpus.net) Parliament enacted Habeas Corpus in 1679, codifying...
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...different divisions based on region: north, south, east, and west. The two conferences stem from a merger of the NFL and AFL that was announced in 1966. . The Constitution and Bylaws of the NFL, as they are today, were set in place in 1970 after the AFL and NFL merged. However, these rules can be amended each year at an annual meeting with a three-fourths vote from the member clubs, or teams. The highest executive in the NFL is the Commissioner, and has the most power within the league. The Commissioner, currently Roger Goodell, has oversight over the entire league as the principal executive officer. Rather than a board of directors, Goodell has final authority in the way the league functions. The voting requirements and procedures for the selection of or successor to the office of Commissioner are determined by the affirmative vote of two-thirds of the members, or teams, of the league. The group which casts the vote is known as the Executive Committee consisting of one individual to represent each team; these individuals are chosen based on each teams own organizational structure. The Commissioner holds many different responsibilities with an overlying understanding that he is the sole voice to interpret, enforce, and on occasion establish, policy and procedure in respect to the provisions set forth in the Constitution and Bylaws. This includes settling disputes between clubs, settling...
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...Constitution and System of the State Paper POL215 September 19, 2011 Benjamin Bolger Constitution and System of the State Arkansas state constitution is divided into nineteen articles. Article one deal with the boundaries of the state. The boundaries of are Arkansas begins at the main channel of the Mississippi River, west with the southern boundary line to Missouri and west to the north bank of the Red River. Article two is declaration of rights, in my opinion they are the similar to the bill of rights and remaining amendments of the United States Constitution. Article three is the Franchise and Elections, it basically the guideline for individuals that would like to become elected officials. Article four is the Department, breaks down the department and state that no other person can exercise any power over another. Article five is the Legislative department; power of the people of the State shall be vested in a General Assembly. “It consist of the Senate and House of Representatives, but the people reserve to themselves the power to propose legislative measures, laws and amendments to the Constitution, and to enact or reject the same at the polls independent of the General Assembly; and also reserve the power, at their own option to approve or reject at the polls any entire act or any item of an appropriation bill ("Arkansas State Constitution Of 1874", 2011).” Article six is the executive department, “it consists of a Governor, Lieutenant Governor, and Secretary...
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...independent light at the end of the tyrannical tunnel of British rule. He urged the American people that in order to keep the light of freedom burning bright forever, there were some things he needed them to keep in mind throughout time. Washington’s Farewell Address was a letter to the people, for the people, to explain the necessity of those illuminating concepts that would keep the darkness of corruption and fascism at bay. Most importantly Washington wrote his Farewell Address in a manor that conveyed a true sense of pride and camaraderie to the people. He explained that he had spent the vast majority of his life defending, in one way or another, America as a whole. He understood that he had been a vital asset to the foundation of the constitution and the formation of a republican representative government. Washington apologized for any wrong doings he may have made during his time of presidency and thanked the American people for supporting him throughout the difficulties. Washington spelled out the need for his retirement, his appreciation of the people, and what the American people can do to insure stability. The first two pages of the Farewell Address have a patriarchal feel to them that draws in the reader. As any good father would, Washington laid out some advice for the American people to insure the tranquility of the nation. Washington cast light onto a variety of important topics in his Farewell Address; most...
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...Rose v. Council for Better Education (KY, 1989) Rose v. Council for Better Education challenged Kentucky's school finance system. The organization Council for Better Education, Inc. claimed the system violated the Kentucky Constitution. The clause states that the “General Assembly shall, by appropriate legislation, provide for an efficient system of common schools throughout the state.” (Ky. Const. 183). It also alleged the system violated the due process law clause of the 14th Amendment to the United States Constitution. The council alleged there were state wide inequities and inequalities. The current school finance system failed to provide a quality education for all students in Kentucky due to inadequate funding throughout the state. Plaintiffs from sixty-six rural districts filed a suit. The council modeled the suit after Serrano, stressing the impact on rich districts verses poor districts. The board for the Council for Better Education argued the entire financial system was inefficient. The Council for Better Education received support from a committee called the Prichard Committee for Academic Excellence and the committee's coordinator, Robert Sexton. Sexton was instrumental in leading educational reform in Kentucky. The Prichard Committee used the media to publicize a report called A Path to a Larger Life. The report focused on topics crucial to education reform. Some of the topics were school finance, school governance, educational outcomes...
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...Arizona Statehood and Constitution Arizona and Federal Government November 18, 2012 Part 1: Arizona Statehood There are many events which impacted the process of Arizona becoming a state. Each of these events is not only historical, but they are what allowed the Arizona Constitution to be written in 1910 and to finally become a state in 1912. The Arizona Constitution, when first adopted, was seen as one of the most radical documents in the United States, and even today it still has many contrasts to the U.S. Constitution. Some of the events which helped to shape the Arizona Constitution, as well as make it an official state are the Pre-territorial Period, the Spanish Period, The Mexican Period, the U.S. Controlled Period, the Territorial Period and the impact of the Progressive movement on the creation of the Arizona constitution. First, the Pre-territorial Period is probably the most politically unknown because it is impossible to reconstruct how these prehistoric communities felt about politics and democracy. However, evidence shows that people inhabited Arizona for thousands of years before the Europeans. Indians were considered to be the “first citizens” established in Arizona, long before it became a state. There are three major cultures which lived in this state, which were the Apache, the Navajo, the Hohokam and Mogollon. The Hohokam disappeared around the mid 1400’s but historians do not know why. Each group was complex in their social organizations...
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...A general definition of social justice is hard to arrive at and even harder to implement. In essence, social justice is concerned with equal justice, not just in the courts, but in all aspects of society. This concept demands that people have equal rights and opportunities; everyone, from the poorest person on the margins of society to the wealthiest deserves an even playing field. Social justice generally refers to the idea of creating a society or institution that is based on the principles of equality and solidarity, that understands and values human rights, and that recognizes the dignity of every human being.The term and modern concept of "social justice" was coined by the Jesuit Luigi Taparelli in 1840 based on the teachings of St. Thomas Aquinas and given further exposure in 1848 by Antonio Rosmini-Serbati. The idea was elaborated by the moral theologian John A. Ryan, who initiated the concept of a living wage. Father Coughlin also used the term in his publications in the 1930s and the 1940s. It is a part of Catholic social teaching, Social Gospel from Episcopalians and is one of the Four Pillars of the Green Party upheld by green parties worldwide. Social justice as a secular concept, distinct from religious teachings, emerged mainly in the late twentieth century, influenced primarily by philosopher John Rawls. Some tenets of social justice have been adopted by those on the left of the political spectrum. Social justice is based on the concepts of human rights and...
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...3. SEXUAL ABUSE AND CHILD LABOUR? 4. DO WE HAVE A SOLUTION? INTRODUCTION “Born to parents who themselves were uneducated child workers, many child worker are forced to continue a tradition that leaves them chained to a life of poverty” Child labour violates a nation’s minimum age laws, threatens children’s physical, mental, or emotional well-being, involves intolerable abuse, such as child slavery, child trafficking, debt bondage, forced labor, or illicit activities, prevents children from going to school and above all, uses children to undermine labor standards. In this regard The Child Labour (Prohibition and Regulation) Act was enacted in 1986. The constitution of India also recognizes the right of children and safeguards their right to survival, protection and development. Article 14 of the constitution bestows right to equality. Article 15(3) empowers state to make special provision in favour of children. Article 23 prohibits traffic in human being. Article 14 prohibits employment of children below 14 years in any factory or mine or hazardous occupation. Article 39 prohibits abuse and exploitation. Article 45 provides compulsory education up to 14 years. India has recently finally left the company of seven other countries that still legally permit some forms of child labour. The Union Cabinet on Tuesday cleared a proposal to ban all work for children under the age of 14, and restrict non-hazardous work to adolescents between the age of 14 and 18. From now, employing...
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