English Constitutional Law
An analysis of English constitutional law, particularly the purpose of the Constitutional Reform Act of 2005.
Term Paper # 103496 |
1,313 words (
approx. 5.3 pages ) |
21 sources |
APA | 2007
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$ 26.95
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Abstract
This paper discusses the Constitutional Reform Act of 2005, which enshrines in law, for the first time, a duty on government ministers to uphold the independence of the judiciary. The paper describes the history and the scope of the law, as well as its purpose. In addition, the paper discusses the Constitutional Reform Act with relation to English constitutional law and its need for reform.
From the Paper
"The scope of judicial review today is almost unrecognisable compared to that of 25 years ago, and judges are more willing to intervene to ensure that the body in question acts in a procedurally correct manner, even when such a decision may impugn on the authority of the executive. For example in the case of Anisminic Ltd v Foreign Compensation Commission , where a statutory provision seemed to exclude the courts' supervisory jurisdiction, the court, according to Wade and Forsyth, acted in a way of "total disobedience to Parliament" by recognising a broad concept of jurisdiction. Further, in the Pergau Dam case, Lord Irvine argues that the court "took away from the executive a considerable degree of autonomy" in holding that the Secretary of State's decision was unlawful. He continues arguing "it is this type of judicial activism which begins to blur the boundary between appeal and review, thereby undermining the constitutional foundations on which the courts' supervisory jurisdiction rests"."
Tags:parliament, commission, administration
This paper highlights the proud service of the first of the great American sea faring vessels, the USS Constitution. It is a journey into the past of the most decorated, celebrated and longest commissioned ship in American history.
Essay # 60213 |
2,653 words (
approx. 10.6 pages ) |
7 sources |
MLA | 2003
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$ 47.95
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Abstract
As America experienced the growing pains associated with becoming a nation sovereign, the need for defense from all enemies became a high priority. No where was this more evident than in the development of the United States Navy. No single vessel of the era was more celebrated and beloved than the USS Constitution, a ship that took on the most dangerous of British ships and never lost a single engagement. This paper chronicles the journey of the USS Constitution from wartime necessity to national icon.
From the Paper
"The ability to police and protect a countries coastal waters is a necessity in the security of a sovereign state. The fledgling republic of the newly independent America understood that in order to maintain the boarders they had so valiantly fought for, the formation of a Navy would become not a matter of "if" as much as "when". The only way to protect the waterways is with the introduction of an effective, skilled Navy. The Navy, while being an essential tool for safeguarding a nations seaways, also has applications in defending trade assets abroad. It was with this purpose in mind that the first American Navy was approved. America cast it's die into the arena of the global seafaring superpowers. None of these early ships would be as instrumental in the success and support of America's Navy as the U.S.S. Constitution."
Tags:american, history, naval, navy, revolution, sea, ships
An analysis of the Federal Communication Commission's role as it relates to the First Amendment right to free speech.
Term Paper # 144734 |
1,619 words (
approx. 6.5 pages ) |
3 sources |
APA | 2010
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$ 31.95
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Abstract
This paper analyzes the role of the Federal Communications Commission (FCC), and whether or not their regulations violate individuals' right to free speech. The paper explains that The FCC is often presented as the big brother government trying to control and restrict people's access to free speech and expression; however, the commission was created as a means of monitoring and regulating communications to protect individuals' rights to not be subjected to indecent or offensive content. The paper centers on two court cases involving the FCC and the validity of rulings they made in regards to inappropriate content, the first case is the FCC v. Pacifica Foundation, which occurred in 1978. The second case, FCC v. Fox Television Stations, was decided in 2009 and called into question the 1978 court ruling. The paper concludes that despite the reoccurring challenges, the FCC's interpretation of the first amendment has been upheld by the Supreme Court -the final voice on constitutional issues.
From the Paper
"In response to the FCC, the Pacifica Foundation argued that the monologue was played during a show discussing society's sensitivity to language (U.S. Supreme Court 1978). In addition, the Pacifica Foundation defended their action by stated they did issue a warning at the start of the broadcast that the show would contain language not appropriate for all audiences (U.S. Supreme Court 1978). The FCC countered this argument with one of their own. The FCC argued that radio stations by there very nature attracted audiences that will listen inconsistently (U.S. Supreme Court 1978). This meant that it could not be assumed that a listener would hear a radio broadcast from the very beginning, and would have heard the warning regarding the content of the show. The FCC's argument was supported by the subsequent Supreme Court ruling."
Tags:ethics, decency, modern, Act, 1934, inappropriate
Defines what constitutes sexual harassment for the female in the American workforce.
Analytical Essay # 3243 |
1,250 words (
approx. 5 pages ) |
6 sources |
2001
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$ 25.95
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Abstract
This paper discusses the issue of sexual harassment in the Amercian workplace. It categorizes what type of conduct may be considered harassment, and briefly explains the annti-discrimination policy guidelines Equal Employment Opportunity Commission.
Definition Of Sexual Harassment:
Quid Pro Quo
Hostile Working Environment
From the Paper
"With the rapidly changing corporate culture, organizations in the United States are required to focus their attention on eradication of discriminatory practices in the workplace especially those connected with gender. Sexual harassment is one such problem, which has become the worst form of gender discrimination on job in recent years. Complaints of sexual harassment are rising dramatically and while American corporations are showing active interest in resolving the issue, new cases are still being reported in every part of the country. Davis (1998) writes, "In 1986, the Equal Employment Opportunity Commission began tracking sexual harassment cases and found 2,850 filed. By 1995, these claims had climbed to over 15,000 for the year." (Restaurant Hospitality, pp. 122)"
Tags:discrimination, behavior, employee, worker, women, female, environment, harassment, hostile, proquo, quid, sexual, workplace, civil, rights, EEOC, Equal, Employment, Opportunity, Commission
A Bill of Rights in the Australian Legal System
Closely examines whether or not Australia should adapt a Bill of Rights in their Constitution, looking at current protection of human rights in the legal system.
Essay # 17107 |
2,386 words (
approx. 9.5 pages ) |
9 sources |
APA | 2002
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$ 43.95
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Abstract
This paper looks at the current ability of the Australian legal system in protection of human rights. It includes an examination of the Constitution, High Court, Implied Rights, Common Law, The HREOC (Human Rights and Equal Opportunity Commission), international law, and federal and state laws in Australia. The paper questions whether or not current protection is adequate, and whether a bill of rights is needed.
From the Paper
"Human rights refers to those rights described as "basic and essential to the existence of human beings". These include a range of rights such as the right to life, freedom and security of person; the right to free speech; the right to a fair trial. Pressure for a bill of rights in Australia has been considerable over the last 10 years due to increased awareness of existing laws and to their inability to protect human rights, uncertainty about the High Court and interpretations of implied rights, and embarrassing challenges to the existing Australian laws. The Australian legal system has to be examined closely in order to conclude whether human rights are adequately protected. There are many means of protection in the Australian legal system, yet the actual effectiveness has to be examined as to what extent "little protection" is offered. There are many arguments in favor of the introduction of a bill of rights, however, if this would actually be appropriate for Australia in protection of human rights, and if the need is warranted, needs to be looked at in greater detail."
Tags:religion, Theophaneous, Commonwealth, Racial, Discrimination, Act, HRC, Affirmative, Action, Agency
A look at the regulation of the securities industry in Canada.
Analytical Essay # 132767 |
2,500 words (
approx. 10 pages ) |
4 sources |
MLA |
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$ 45.95
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Abstract
The following paper discusses the regulation of the securities industry in Canada, ultimately concluding that Self-Regulating Organizations and provincial commissions can do a much better job than the federal government. The paper briefly reviews the Canadian capital market and looks at the various regulatory SROs in place and their key features. From there, the paper considers the nature of the Constitution Act, 1867, Finally, the paper asserts that the securities sector can best be managed through provincial regulatory control.
From the Paper
"The following paper will look at the regulation of the securities industry in Canada, ultimately concluding that Self-Regulating Organizations and provincial commissions, by pooling together their resources, can do a much better job than the federal government. The paper briefly reviews the Canadian capital market and looks at the various regulatory SROs in place and their key features. From there, the paper will look at the nature of the Constitution Act, 1867, and how it can be construed as supporting local or provincial control of the securities sector. Finally, the paper..."
Tags:regulation, securities, commission
Canadian Senate Reform Proposals
An evaluation of some of the major proposals for Senate reform in Canada.
Research Paper # 56283 |
3,198 words (
approx. 12.8 pages ) |
10 sources |
MLA | 2004
|
$ 55.95
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Abstract
The paper discusses the various major proposals for the reform of Canada's unelected upper house and whether or not they are feasible with the confines of Canada's political culture and constitutional framework. Discussed are various "Triple-E" proposals, such as the Alberter Committee, the Molgat-Cosgrove Report, the Macdonald Commission and others.
From the Paper
"The Molgat-Cosgrove Report, the Macdonald Commission, and the Beaudoin-Dobbie Report all oppose equality of provincial representation in the Senate (Stillborn, Senate Reform Proposals, 18-19). They argue that an equal number of seats for every province would cause gross disparities, over representing the smaller provinces and in turn, under representing the more populace ones. They all suggest that equality adjusted by population should be the principle on which to base seat distribution. Though the Beaudion-Dobbie Report contin-ues to say that "distribution should seek to balance requirements of this principle against the need for enhanced representation for people living in the smaller provinces". "
Tags:amendment, constitution, parliament
Review of "This Film is Not Yet Rated," directed by Kirby Dick.
Film Review # 127968 |
999 words (
approx. 4 pages ) |
1 source |
MLA | 2010
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$ 21.95
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Abstract
This paper provides a detailed review of "This Film is Not Yet Rated," directed by Kirby Dick, which questions the ubiquity of the modern film rating system. The paper asserts that obscenity is a personal issue, and touches upon many highly subjective concepts. The paper notes that the film makes its point, but one cannot help but wonder if in years to come the film rating system will be rated null and void by the Internet, much like premium cable has neutered the Federal Communications Commissions (FCC) prohibitions regarding decent behavior and language on prime time television. The paper concludes that greater tolerance of Internet surfing is itself a cultural contradiction, and still more evidence of the subjectivity of what constitutes decency and appropriate material for children.
From the Paper
"The first film rating system was created by movie studios. Instead of being pressured by government regulation, the studios hoped that by regulating themselves, they could avoid such scrutiny. They hired former U.S. Postmaster Will Hays to set decency standards. This highlights the lack of qualifications needed for anyone to decide what is obscene. There is no real pre-set formula. The Hays Commission reviewed Hollywood scripts and determined whether they satisfied the dictates of what became the dreaded Hays Code, which could be quite restrictive--for example, the code might not permit two married people to be in a bedroom together, if their feet were not on the floor. The cultural changes of the 1960s caused the Hayes Code to be abandoned, but it did not mark the end of movie censorship. It was replaced by the Motion Picture Association of America, which many argue is little better. The MPAA was run by Jack Valenti, a former staff member in Lyndon B. Johnson's White House."
Tags:censorship, MPAA, rating, movie
A review of self-regulating organizations (SROs) and their role in the regulation of the securities industry in Canada.
Research Paper # 102895 |
2,180 words (
approx. 8.7 pages ) |
11 sources |
MLA | 2008
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$ 40.95
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Abstract
This paper looks at the regulation of the securities industry in Canada. It briefly reviews the Canadian capital market and looks at the various self-regulating organizations (SROs) in place and their key features. From there, the paper discusses the nature of the Constitution Act, 1867, and how it can be construed as supporting local or provincial control of the securities sector.
From the Paper
"As a last point before bringing this paper to a close, it should be added that self-regulation by the SROs discussed above (and at the provincial level in the form of securities commissions) are better simply because it allows supervisory bodies to concentrate their efforts upon a smaller group of individuals. To put the matter simply, individuals looking to break the law - or at least to engage in questionable practices - may feel that they can "slip through the cracks" of a national regulatory regime. However, by having provincial commissions in place (acting in conjunction with broad organizations like the MFDA and IDA, of course) the likelihood of evading detection becomes increasingly remote. Effective plans or programs that heighten the effectiveness of provincial self-regulation would surely seem to be ones that call for close cooperation between SROs and provincial commissions - with joint offices set up that pool resources and allow for immediate investigation of complaints or concerns."
Tags:stock exchange, commissions constitutional
An analysis of the problems facing the European Union regarding a national identity.
Essay # 63967 |
2,163 words (
approx. 8.7 pages ) |
5 sources |
MLA | 2004
|
$ 40.95
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Abstract
This paper discusses the difficulty of the establishment of a European identity, questioning whether any European identity can be formed at all. The paper explains that the present union consists of a large number of member states and all these states have existed for a long time and have distinct national identities. The paper examines the basic question of whether a European demos and identity can be formed and how that will compete with the existing national identities. The paper also questions whether a "new" European identity will change the national identities and if so, how much of a change is really required. The paper presents the belief that the nature of identity for Europe cannot be the same as a national identity, as the nations have been formed through struggle for recognition for a particular culture, history, language and identity.
Outline
Introduction
Policy Making & Agenda Setting
Enlargement
A European Constitution
Conclusion
From the Paper
"The formation of nations can be started from the top of society by the elites, or through different types of social movements or other organized action. In all cases the start of a separate nation involves recognition for a particular national community in the world around the community. This recognition is received by the people who are a part of the group, or are made a part of the group. For Europe to be viewed as a nation, there has to be recognition of some unique features of being a European, and that has to be of history, culture and language. This has to be recognized by the Europeans. The search for cultural unity has to be combined with a search for the unique and separate features of Europe so that the Europeans can distinguish themselves from non-Europeans. This makes it unlikely that there will be a European identity similar to that of a nation. Instead one has to look for a European identity that can exist above the national identity."
Tags:commission, parliament, constitution