...Indigenous people who had served in war were treated terribly, being denied entry into local RSL branches and some had their wages stolen. For decades, Indigenous veterans have asked for better acknowledgement of their service to Australia as they have assisted in all conflicts since federation. In 2017, for the first time, Indigenous veterans led the national ANZAC Day...
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...Guardiola 1 Maria Guardiola Constitutional Law Dr. Seana Sugrue Judicial Review: The Balancing Act of the Constitutional Conscience “It is emphatically the province and duty of the judicial department to say what the law is,” Chief Justice John Marshall declared in the landmark case Marbury v. Madison. The content of this statement as the outcome of the 1803 case marked a significant component of our governmental structure, affecting virtually every aspect of American life. The power of judicial review recognized the United States Supreme Court as the Constitutional conscience of our nation, having ability to judge actions at both the state and federal levels. The dispute about the historical legitimacy of this judicial ability remains today, but the relevant question we treat today pertains to its proper practice. In these regards, our founders prescribed that “the Judicial Power of the United States, shall be vested in one Supreme Court” (US Constitution, Art. III. Sec. 2), and that the "Constitution, and the Laws of the United States … shall be the supreme Law of the Land" (Art IV, Sec.2). As we understand it, judicial review must serve to guide the actions affecting the lives of citizens by the standard of the United States Constitution. Judicial review must be exercised with knowledge and prudence, finding a balance between defense of individual rights and national security, judicial restraint and judicial activism, state interests and national incentives. The danger of...
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...Chapter Summary GEORGE W. BUSH'S WAR PRESIDENCY George W. Bush's presidency had an inauspicious beginning. He took office following a disputed election, where he won by a razor-thin margin in the Electoral College only after Supreme Court intervention; and even lost the popular vote to Al Gore, becoming the first President since 1889 to assume the presidency under such circumstances. He appeared to have no mandate to govern, and faced a divided Congress and nation with weak legitimacy. To make matters worse, early administration actions on environmental and social issues were controversial, his bumbling style as a speaker became the target for jokes, the Senate switched hands to the Democrats when moderate Republican Sen. James Jeffords quit his party, the economy slipped into recession, and Bush's popularity began to fall. All this changed dramatically after the September 11, 2001 terrorist attacks on the U.S.A. With great skill and determination, Bush rallied the nation together, taking swift action against perceived terrorist threats, building an international coalition against terrorism, and taking the war to the perpetrators of the acts in Afghanistan. His job approval ratings soared to record levels, and he gained new respect from leaders and the public. The opening vignette thus illustrates how external events influence the presidential office. Especially during times of war and national crisis, the natural capacities of the institution are enhanced, as the...
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...the 1984 Republican National Convention in Dallas, Texas. The demonstrators were protesting the policies of the Reagan Administration and of certain companies based in Dallas. They marched through the streets, shouted chants, and held signs outside the offices of several companies. At one point, another demonstrator handed Johnson an American flag stolen from a flagpole outside one of the targeted buildings. When the demonstrators reached Dallas City Hall, Johnson poured kerosene on the flag and set it on fire. During the burning of the flag, demonstrators shouted such phrases as, "America, the red, white, and blue, we spit on you, you stand for plunder, you will go under," and, "Reagan, Mondale, which will it be? Either one means World War III." No one was hurt, but some witnesses to the flag burning said they were extremely offended. Johnson was charged with violating the Texas law that prohibits vandalizing respected objects (desecration of a venerated object). He was convicted, sentenced to one...
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...7-13-2012 Balance Of Power In U.S. Foreign Policy The balance of power in the U.S. foreign policy making procedure has created a lot of tensions and has shifted responsibility to many individuals since the constitution was written. This system of checks and balances was put in place to assure Americans that no section of government is tyrannical and can dominate the political process. Some believe that the balance of power has shifted since it was first established, and that has caused some tensions in U.S. foreign policy. At the foundation, the legislative branch was intended to be the most powerful branch, but today many argue that the executive branch is the more dominant branch. “One of the most widely held myths about the American constitution system is the idea that our Founding Fathers intended foreign policy to be the province of presidents, with Congress related to a decidedly secondary role” (Snow and Brown, 95). The past two centuries have not gone as the Founding Fathers had planned. The President since World War II has had more of an ability to affect foreign policy than before. “That dominance has been challenged by the most recent phase of congressional assertiveness, which began in the 1970’s “ (Snow and Brown, 96). The President is, essentially, the head of our government. He is the one everyone looks to in a time of crisis, historically, now and other war times, and to develop policy. For example, Bush’s stem cell decision, or his proposition on tax cuts...
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...peaceful means .such peaceful means include the rights to freedom of expression ,association and movement and the right to take part in the conduct of public affairs. According to United Nations declaration of human rights defenders, state have the prime responsibility to take all the necessary steps to ensure the protection of those who defend human rights .although the declaration is not legally binding, it draws together provisions from other conventions and convents most relevant to human rights defenders that are legally binding. The right to freedom of speech and...
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...“The Vice-President of the US has no real importance, only potential importance as the next president.” How far do you agree with the view? The executive is the core of the government, where policy is formed and executed. In the USA there is a presidential executive, providing the political leadership of the country. The role of the president is outlined in Article 2. All executive power is vested in one president, elected separately from Congress with his own mandate. It is a single-person executive and president’s cabinet has no constitutionally derived power or electoral mandate, and the president may or may not seek their advice when making decisions (unlike the “cabinet government” in the UK, which is a plural executive drawn from Parliament). Although the president does have enumerated powers, more media attention than the Vice President and more overall power in the executive, the Vice President has more importance than just potentially becoming the next president. The president has formal enumerated powers, which makes him more important than the vice president who is elected under him. The president is chief executive and executive power is only given to the president, rather than shared between the president and the vice president. The executive branch is under presidential control and he is responsible for the federal budget, setting out and implementing the policy agenda for the USA. The executive powers also include the power of patronage and pardon. For example...
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...founding constitution of 1972 of Bangladesh. Yet the 15th amendment rather accommodates some of the changes brought out by the 5th and 7th amendments, both made by the Martial Law regime and recently declared illegal and unconstitutional by the apex court of the country. 15th amendment, like most of the previous amendments, also largely failed to reflect comparative constitutional studies. Such study is considered essential for learning the experiences of constitutionalism in relevant jurisprudences and borrowing or adapting them in amending a nation’s own constitution. Although the 1972 constitution of Bangladesh was indigenous in part, the 1972 Constituent Assembly (led by Bangabandhu Sheikh Mujibur Rahman) enriched our constitution by the same process of borrowing and/or adapting from models and concepts of foreign constitutions. For example: collective responsibility of ministers to Parliament and functions of parliamentary committees were taken from UK system, the concept of fundamental principle of state policy from India and Ireland, the provisions of human rights and Judicial review from US constitutional jurisprudence. Such borrowing is a recognised practice partly due to the fact that the functions to be discharged by a modern state are fundamentally similar all over the world such as legislation, administration and adjudication. A realisation that the goal of divergent political systems is to perform the same functions underscores the needs for enriching a state’s...
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...Habeas Corpus And it’s Impact on Civil Liberties and Terrorism. Alson Watson Professor: Scot Wilson Politics 201 November 4, 2012 Introduction In times of national crisis civil liberties are sometimes abridged in exchange for greater security. The Framers, countenancing such an eventuality, granted to Congress the power to suspend the right to a writ of habeas corpus in times of rebellion or invasion. The war on terror has created many a rift in political, judicial and civil rights circles thus creating unique circumstances in regard to dealing with individuals detained due to acts of terrorism. The Habeas Corpus Act ensures that due process is given to those who believe they are innocent of charges set upon them. However those rights to habeas corpus are forfeited when they are found to be guilty of acts against the U.S and its territories and in so doing are not subject to the trials held in a civilian court whether they are citizens or not. In this paper I look to examine the meaning of habeas corpus, its placement in the constitution and its impact on modern society’s laws, civil liberties and political/judicial stances. What is Habeas Corpus? HABEAS CORPUS is a term that was originated in the English legal system and is an important legal instrument in safeguarding individual freedom against arbitrary state action. The writ (legal action) is issued in form of an order calling upon a person by whom another person is detained to bring that person before...
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... | |WEDNESDAY, NOVEMBER 23 , 2011 | [pic] |ATTORNEY JOHN WASHINGTON | |BUL 5323 – BUSINESS LAW | Introduction Ever since its declaration in 1993 under President Bill Clinton’s administration, don’t ask, don’t tell (DADT) has been a major dispute amongst the United States citizens; especially those involved in the U.S. Military. Questions such as: “Is it even constitutional?” and “What are the pros and cons?” and “Should the policy be repealed?” have been propound. Subsequent to all of the questioning, viewed opinions and assessments, this subject generally falls into three perspectives: the permissive, the restrictive and the prohibitive. This paper...
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...the social bond among human beings. If such bond is a requirement for the survival of human beings, then what should be the pattern of social interaction that exist among human beings is closely related with the subject matter of civics. In this regard civics is considered as a subject field which is mainly concerned with teaching citizens as to how they can live harmonious and peaceful life with other citizens and as to how they can resolve conflicts peacefully among them selves. The other basic nature of human being is the political view of philosophy by Plato that, “Man is a political animal”, which means no human being can escape from the deeds of politics and its dayto-day life is either directly or indirectly affected by it. For this reason human beings have to know the workings of politics, institutions that affect their day to day life, norms, principles and laws which are set in motion by politicians to govern their societies and above all the duties and rights that they have in the political community in which they are leading their life. So, civics tries to make them familiar with such and other concepts that make them active and awarded citizens. Civics as a branch of social science deals with the right and responsibilities of...
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...NONE, ONE OR SEVERAL? PERSPECTIVES ON THE UK’S CONSTITUTION(S) DAVID FELDMAN* An inaugural lecture is the occasion when the University of Cambridge can look its gift horse in the mouth, weighing the new professor in the balance against his or her distinguished predecessors. The Rouse Ball Professorship of English Law has been held in the past by a long series of distinguished scholars, from Sir Percy Winfield to my immediate predecessor, Sir Jack Beatson whom we are delighted to welcome back today. Their work has influenced generations of lawyers. They certainly influenced me. Before I encountered Criminal Law: The General Part,1 a great little volume by Professor Glanville Williams, Learning the Law, was my ‘Guide, Philosopher and Friend’ (as it still says on the cover of the latest edition, now edited by my colleague Professor Tony Smith)2 as I approached the study of law. Another Rouse Ball Professor, the late Sir William Wade, had a formative effect on my understanding of land law and administrative law both through his famous books, Megarry and Wade on the Law of Real Property (now edited by a former Fellow of Downing College, Dr. Charles Harpum)3 and Administrative Law (now in the hands of my colleague Dr. Christopher Forsyth),4 not to mention the lectures that I attended as an undergraduate in (softly be it said) the University of Oxford. Two wonderfully stimulating and enjoyable books by the Emeritus Rouse Ball Professor and * Rouse Ball Professor of English Law in...
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...© 2009 Institute of International and European Affairs. All rights reserved. This Publication may be reproduced in full or in part if accompanied with the following citation: Keatinge, Patrick & Tonra, Ben, European Security and Defence Policy and the Lisbon Treaty, Institute of International and European Affairs, Dublin, Ireland, July 2009. As an independent forum, the Institute does not express opinions of its own. The views expressed in its publications are solely the responsibility of the authors. ISBN: 978-1-907079-04-7 EAN: 9781907079047 About the authors Patrick Keatinge is Emeritus Associate Professor of Political Science at Trinity College Dublin and Chairperson of the IIEA working group on ESDP. Ben Tonra is Jean Monnet Professor of European Foreign, Security and Defence Policy at the UCD College of Human Sciences and Project Leader of the IIEA working group on ESDP. Cover photograph © Aidan Crawley, Defence Forces, May 2008 Graphic design, type and layout by Brian Martin European Security and Defence Policy and The Lisbon Treaty © Institute of International and European Affairs 2009 Foreword This briefing paper is another brilliant contribution to the Institute’s background work on issues arising out of the Lisbon Treaty by Professors Ben Tonra and Patrick Keatinge. It describes the reality of European Security and Defence Policy (ESDP), as it has developed over the past six years and explains each of the relevant provisions in the Lisbon Treaty. It puts...
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...of Australia already enjoy. If sufficient protection can be found in existing sources, does Australia really need a federal bill of rights? Opponents of a bill of rights state that we have sufficient protection from arbitrary government intervention in our personal affairs and thus a bill of rights is unnecessary. There are a number of potential sources of human rights in Australia that might provide the suggested existing protection, including the common law, specific domestic legislation, international law and constitutional law. Each of these sources of human rights has, however, important limitations. The focus of this article is on the inadequacy of the Australian constitutions as a source of purported protection. This in turn suggests that an alternative source of rights is needed – a federal bill of rights? In the course of this analysis the author makes suggestions for reform; specifically how a federal bill of rights may address the paucity of constitutional protection. I INTRODUCTION Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) * Associate Professor, School of Law, Deakin University, Australia. 132 D EAKIN LAW REVIEW VOLUME 13 NO 2...
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...turmoil in the mainstream fabric of American culture. The goal of this paper, through research and facts, is to show the ugly discriminatory, and unconstitutional, factors that have gone into blocking homosexual couples the right to a loving marriage. Congress shall make no law respecting an establishment of religion. The First Amendment of the Constitution of the United States. However, it seems congress has made a law respecting an established religion, and that law is affecting the rights of millions of American Citizens. The law in question is the Federal Defense of Marriage Act (DOMA). DOMA is unconstitutional as the law has clearly been written with respect to the belief systems of an established religion. As Americans it is our responsibility to make sure that this law is changed to meet the confines of the United States Constitution, and to bring equality to all. The Defense of marriage act of 1996 (DOMA). DOMA is one of the key points of contention in the debate on Gay Marriage. So what exactly is DOMA? Well in simple terms, The Defense of Marriage bill was passed in 1996 while Bill Clinton was still the President of the United States. The bill defines marriage as between one man and one woman only. The bill also allows individual states the rights to set their own definition of...
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