Tag: Political

  • UK human rights organisations and constitution politics Essay

    UK human rights organisations and constitution politics Essay

    Legal Sources of the UK Human Rights Organisations and Constitution Politics Essay. The enactment of the Human Rights Act was one of the many objective features in the New Labour’s 1997 election manifesto. The proposal to implement the Act was also part of a much broader program of constitutional reforms. The statute, which entered into force in 2000, implements the European Convention on Human Rights, political votes at dewforpolitics.com. According to Lord Lester of Herne Hill the Human Rights Act 1998:

    Here is the article to explain, Legal Sources of the UK Human Rights Organisations and Constitution Law Politics Essay!

    Explain how the UK Human Rights Act 1998 has changed the approach to the protection of human rights in the law of England and Wales in organisations. Has the change been for the better or the worse? “declares basic rights and freedoms inherent in our common humanity, and the ethical values of a modern democratic society governed under the rule of law; a society in which individual and minority rights must protect against the tyranny of majorities and the abuse of public powers, especially where excessive means use to pursue legitimate ends. The Act provides an ethical framework to guide lawmakers, judges, and individual people of all”.

    However, as will show below the changes brought on by the Act have not always existed considered positive.

    Before it entered into force the Act received a lot of negative media coverage. Concerns existed raised about widespread abuses of the immigration procedures as well as the welfare system. There were also fears that the Act would force judges to disregard Acts of Parliament by doing. So undermine the doctrine of Parliamentary supremacy. Yet, as the subsequent events have shown most of these concerns proved misplaced. The unease about statutory interpretation was mainly due to section 3 which provides that. Whenever possible, legislation must enforce consistently with the Convention. Section 4 adds that in cases where such interpretation is not possible, the court may issue a declaration of incompatibility. The declaration does not overrule any provisions but merely states that the law does not comply with the European Convention on Human Rights.

    Human Rights 01;

    The Act led to increased protection for the rights of individuals, e.g. in Michael Douglas and Catherine Zeta-Jones v Hello! the Court of Appeal recognized the right to privacy. Another notable example of human rights protection is the decision in Mendoza v Ghaidan. In this case, the protected Rent Act tenant passed away. The court stood asked to consider the law of succession. The surviving homosexual partner should have the same rights as he would have had if the couple was heterosexual.

    The case is significant for several reasons: firstly, the court held that discrimination was unlawful. Secondly, it shows that the Human Rights Act applies both to public and private bodies. And thirdly the court interpreted the Rent Act 1977 broadly enough to give effect to the Convention rights. In the opinion of Lord Lester of Herne Hill Mendoza existed correctly decided. He even praised the decision for upholding constitutional rights which include equal treatment.

    Despite what has stood said above the Act is also known to have its opponents. The decision in R (Q and others) v Secretary of State for the Home Department proved particularly contentious; and, it has been a subject of severe ministerial criticism. The court held that firstly, the Home Secretary must support asylum-seekers; and secondly, the Home Office acted in breach of Article 6. Article 6, which grants a right to a free trial, stood violated when the applicants existed refused to have their circumstances assessed on an individual basis; moreover, they stood not allowed to appeal. In response to this decision the Home Secretary, David Blunkett, said:

    Human Rights 02;

    “If public policy can exist always overridden by individual challenge through the courts, then democracy itself is under threat”.

    In Alconbury Limited v Secretary of State for the Environment, Transport, and the Regions Lord Hoffmann was equally disapproving of the way the case law has been developing; he that although the UK Human Rights Act was meant to reinforce the rule of law it reinforced the ‘rule of lawyers’ instead in organisations.

    September 11 gave rise to many contentious legal issues, UK human rights, terrorism, extradition, and prohibition of torture are now hotly debated. Some of the problems stem from the fact that newly granted civil liberties exist counter-balanced by measures introduced on the grounds of national security; hence the Terrorism Act, which came into force on 13 April 2006, prohibits the ’glorification’ of terrorism. The ’glorification’ of terrorism is now a criminal offense and applies to speech; as well as membership in political and non-political groups.

    There is a possibility that the provisions of the Act will conflict with the rights guaranteed by the UK Human Rights Act 1998. Future challenges are likely to be based on Article 10 which guarantees freedom of speech and expression in organisations. It is yet to see what will be the effect of the Act and how it will interpret. Another issue that has become particularly contentious is extradition.

    Human Rights 03;

    The UK Human Rights Act 1998 does not contain any provisions prohibiting extradition in organisations. However it does impose some conditions, the person who is being extradited should not be subject to torture or inhuman treatment.

    Finally, can it stand said that following the implementation of the Human Rights Act the protection of human rights has improved or, on the contrary, worsened? It seems that there is no ’right’ answer to this question. As has been shown above, ministers can be very critical of the way the Act interpret while the judiciary appears very enthusiastic. Nonetheless, UK human rights are now an integral and written, part of the British constitution. The Act introduced a new approach to statutory interpretation and added to the range of reasons on which government action can be found unlawful. In other words, it increased the accountability of the executive and at the same time encouraged respect for the rule of law. Accordingly, it can conclude that the Act facilitated many positive changes.

    UK Constitution;

    The UK constitution describes as an unwritten one. Explain concerning the legal sources of the UK constitution and appropriate examples; why it call unwritten and consider whether the distinction between a writer and unwritten constitution is legally significant.

    The word ‘constitution’ has many different meanings, however, only two of them apply to constitutional law. Firstly, a ‘constitution’ could mean a written document that contains the rules and principles according to which a country is run. Secondly, the word ‘constitution’ could refer to:

    “The body of rules and arrangements concerning the government of the country.”

    The second definition does not impose any requirement for writing. It should stress that although some states do not have a written constitution every country in the world, including the UK, has a constitution in the second sense of the word. Over the centuries the attitude towards the British/English constitution ranged from admiration to severe criticism. Thomas Paine went even further, he ruled out the possibility that an English constitution could exist. The British constitution has been sometimes described as ‘political.’ Griffith believes the word ’political’ can use to refer to a wide range of qualities, e.g. The UK constitution assumes equality of all citizens and many important rules are not legal rules. He also stressed that the operation of the constitution stands closely linked to Parliament and Parliamentary elections. This leads to the conclusion that the British constitution must analyze in the political context.

    Constitution 01;

    The UK constitution draws on a wide range of sources; statutes, common law, the royal prerogative, international treaties and agreements, conventions, and academic texts written by legal experts. As an expression of Parliament’s will statutes is the most important source of law. Some of them have a particular constitutional significance, e.g. the Magna Carta 1215, and the Act of Settlement 1701. The Representation of the People Act 1983, and the Human Rights Act 1998. Another written source of law is case law.

    Although judges should merely interpret the law, and not get involved in a law-making process. Many crucial legal principles have stood established in the course of legal proceedings. For example, in British Railways Board v Pickin Lord Reid said that the courts have no power to overrule Acts of Parliament on any grounds.

    Constitution 02;

    International treaties and agreements, such as instance the Treaty of Rome 1957, have also become a source of English law. Similarly, texts written by legal experts may acquire exceptional legal significance, e.g. Dicey’s An Introduction to the Study of Law of the Constitution.

    The unwritten sources of the UK constitution are the royal prerogative and conventions. The royal prerogative stems from the powers used to exercise exclusively by the monarch. And which exist now exercised by the ministers on the Queen’s behalf. Examples of the royal prerogative are the power to declare war. The control over the appointment of ministers, and the right to dissolve Parliament. The legal nature of conventions is somewhat different. They are non-legal norms that should obey by those to whom they apply. Although conventions cannot enforce by the courts they exist usually respected. As the above discussion illustrates, a large part of the constitution write. However, due to the lack of a separate document that could call a constitution. This fact exists often disregarded and the UK constitution says it to be unwritten.

    Constitution 03;

    The unwritten character of the UK constitution, or rather the existence of unwritten rules, has serious legal implications. The first point to note is that Parliament can pass and revoke the law as it sees fit. Until recently the British constitution did not guarantee any rights. Although an Act, called the Bill of Rights, stood enacted as early as 1688. It dealt exclusively with issues related to Parliament and the Crown. This meant that, in theory, Parliament could pass any legislation it considered appropriate even. If it infringed on the rights of UK citizens.

    Before the enactment of the Human Rights Act of 1998, the only limitation on the Parliamentary sovereignty in cases involving human rights violations would have been the rule of law. However, the effectiveness of the rule would have lived limited if the courts had. Wanting to avoid interference with Parliamentary decisions, refused to enforce it. This should juxtapose with countries that have written constitutions. And where the rights of ordinary citizens stand protected by specially drafted provisions.

    In addition to being uncodified, the UK constitution is flexible and unitary (provided devolution does not take into account) but it exists not entrenched. The result is that while written constitutions are rigid the UK constitution is flexible, an advantage of flexibility is that any necessary changes can introduce quickly and relatively easily. On the other, however, a lack of entrenchment leaves a lot of power in the hands of a small group of people. Moreover, unwritten constitutions always involve a degree of vagueness. The situation makes worse by the fact that norms that do not write cannot enforce by the courts.

    Constitution 04;

    These problems do not arise if the constitution stood written. Yet, it does not follow all the relevant laws can found in the constitution. Munro argued:

    “It (s) also suggested, wrongly that in countries such as the United States. All the rules and arrangements concerning government had stood reduced to writing in a single document. In practice, this is never the case.”

    Both written and unwritten constitutions rely on legal precedent. They exist formed and modify by judicial interpretations of the law and political practices.

    It says to ‘unwrite’ however as has existed shown above it is not, strictly speaking, true. The constitution relies on a wide range of sources and most of them can exist found in writing. It has already existed mentioned that the constitution can describe as political. Yet following developments such as the incorporation of the European Convention on Human Rights, membership of the European Union, and changes that took place post-1997, more and more constitutional rules are being codified. Thus, according to Munro, It is becoming ’legal’. It is, therefore, submitted that the gap between the unwritten British constitution and the written constitutions in other countries is gradually becoming narrower. The new EU constitution may close this gap entirely.

    UK Human Rights Organisations and Constitution Politics Essay Image
    UK Human Rights Organisations and Constitution Politics Essay; Image by Dean Moriarty from Pixabay.
  • Political Environment: Legislature, Executive, and Judiciary

    Political Environment: Legislature, Executive, and Judiciary

    The influence of the political environment of business is enormous. This article explains the topic of the International political environment and system: with their important concepts; Legislature, Executive, and Judiciary. The political system prevailing in a country decides, promotes, fosters encourages, shelters, directs and controls the business activities of those countries. Political Environment is the relationship between the state government and institutions legislation public and private in the Business environment.

    International political environment and system: with their important concepts; Legislature, Executive, and Judiciary.

    A political system that is stable, honest, efficient and dynamic and which ensures political participation of the people, and assures personal security to the citizens, is the primary factor for the growth of any business. Two basic political philosophies are in existence all over the world, viz., democracy and totalitarianism.

    In its pure sense, democracy refers to a political arrangement in which supreme power vests in the people. Democracy may manifest itself in any of two fundamental manners. If each individual is given the right to rule and vote on every matter, the result is pure democracy which is not, however, workable in a complex society with a large constituency.

    Hence, the republican forms of the organization follow whereby the public, in a democratic manner, elect their representatives who do the ruling. In totalitarianism, also, call authoritarianism, individual freedom is completely subordinate to the power of authority of the state and concentrates in the hands of one person or in a small group that is not constitutionally accountable to the people.

    Societies ruled by a pressure clique – political, economy or military – or by a dictator plus most oligarchies and monarchies belong to this category. The doctrine of fascism and erstwhile Russian Communism is an example of totalitarianism.

    India is a democratic country. Our political system comprises three vital institutions:

    • Legislature.
    • Executive or government, and.
    • Judiciary.

    Now, explain each one:

    Legislature:

    Out of three, the legislature is the most powerful political institution vested with such powers as policy making, law-makings, budget approving, executive control and acting as a mirror of public opinion. The influence of the legislature on business is considerable. It decides such vital aspects as the type of business activities, the country should have, who should own them, what should be their size of the operation, what should happen to their earnings and other related factors.

    The legislature is the most powerful institution. The main powers are vesting in the legislature are; in today’s economies, particularly of developing countries like India, the relevance of a protective legal environment for Business assumes immense proportions as it is the very foundation of every investment decision.

    The business has to be within the law of the Land. Every aspect of the business from its birth till death covers under the laws to ensure that not only profit is earned in a justified and fairway but also to ensure that in the attainment of business interests the interest of each person fully protect and the profits of the business are distributing in a manner beneficial to the society.

    Government as Executive:

    Also called the “state” the term government refers to “the center of the political authority having the power to govern those it serves”. For business consideration, we should know what are the government’s responsibilities to the business.

    Specifically, the executive or government’s responsibilities towards business are as follows:

    • Establishment and enforcement of the law.
    • Maintenance of order.
    • Money and credit.
    • Orderly growth.
    • Infrastructure.
    • Information.
    • Assistance to small industries.
    • Transfer of technology, and.
    • Tariffs and Quotas.
    More things:

    The Government or executive is the executory body of the laws which are framed by the legislature.

    According to E. V. Schneider,

    “Government is that institution by which men everywhere, seek to order society, that is, to control the structure and functioning of society.”

    According to Musselman and Hughes,

    “Government is the center of the political authority having the power to govern those it serves.”

    In simple words, the role of the Government or executive is to shape, direct and control the business activities. The translations of the objective of any laws to the reality depend as much upon the law itself as on its implementation. The implementation of the law in its word and spirit only can ensure the realization of its true objectives.

    Indian constitution provides for a federal set up with powers being divided between central and state governments. The powers and functions of central and state governments are described in the constitution.

    Judiciary:

    The third political institution is the judiciary. Judiciary determines how the work of executives has been fulfilled. It settles the relationship between private citizens, on one hand, and between citizens and the government upon the other. The judiciary sees to it that the exercise of authority by the executives is according to the general rules laid down by the legislature, it may declare that any particular order issued is, in fact, ultra vires (beyond the authority). It is the power of the Judiciary to settle legal disputes that affect business considerably.

    1) Disputes between employers and employees, 2) employer and employer, 3) employee and employee, 4) employers and the public, and 5) employers and the government.

    The power of the judiciary is of the dual type:

    • The authority of the courts to settle legal disputes, and.
    • Judicial review – the authority of the courts to rule on the constitutionality of legislation.

    What is the International political environment?

    Introduction: The political environment of the country of operation becomes increasingly important for the international firm. As it moves from exports to foreign direct investment (FDI) as the mode of international market entry. Exporting firms use political pressure tactics to have free exportability of the products in their home country regulations, hassle-free procedures, and legislative requirements and export incentives.

    Besides, diplomatic channels are utilizing to get improve market access for imported goods in the target foreign country markets, reduced import tariffs, compatible quality regulations, etc. The dispute settlement mechanism, legal framework, and judicial independence are also critical to fair treatment expecting in international business. Cordial political relations between the firm’s home country and the host countries have a direct favorable impact on FDIs.

    More things:

    As a firm expands internationally and begins to operate in multiple countries, political and legal issues become increasingly complex. Consequent to economic liberalization in the People’s Republic of China, multi­level marketing firms, such as Amway, Avon, Tupperware, and Mary Kay Cosmetics grew rapidly. By 1997, Amway had approximately 80,000 sales representatives who generated $178 million in sales. Whereas Avon had nearly 50,000 representatives who generated sales of $75 million.

    It was reported that some other companies using the so-called pyramid schemes were cheating consumers. Consequently, the Chinese government banned direct selling in April 1998. As a result, direct marketing companies were prohibited to operate their business model in China. It was only after diplomatic pressures and negotiations between the US and the Chinese governments that the policy was reversed. The firm-level economic and political interests of the home and the host countries may differ widely.

    International managers need to understand the significance of political decision-making in the host country that may severely influence its overseas operations. International business relations between the firms are greatly affecting “affinity” or “animosity” among the countries based on historical or political reality. For instance, India’s political affinity with Sri Lanka and Mauritius has led to a high level of trade and investment whereas the reverse situation exists in the case of Indo-Pak trade.

    Political Environment Legislature Executive and Judiciary
    Political Environment: Legislature, Executive, and Judiciary, #Pixabay.

    International Political Systems and Ideologies:

    International political and economic systems or environments hardly function independently. The two are mutually inter-dependent. Political and diplomatic relations between the two counties greatly influence their economic relations. The political system of a country comprises various stakeholders. Such as the government, political parties with different ideologies, labor unions, religious organizations, environmental activists, and various NGOs.

    Each of these players in a political system has its own unique sets of beliefs and aspirations and exerts its influence upon political decisions. The acquisition, development, securing, and use of power about other entities. Where did power view as the capacity of the social actors to overcome the resistance of the other actors are term as political behavior? Ideology is a set of beliefs or ideas as to how the society or group should organize, politically, economically, or morally.

    More knowledge:

    Political ideology is a set of ideas or beliefs. That people hold about their political regime and its institutions about their position and role in it. Ideologies of different groups or political parties are often conflicting and they keep on challenging each other. In democratic countries, such as India, the US, and the UK, the shift in the political parties and their ideologies puts pressure on business operations of foreign firms. The power exerted by different pressure groups also varies from country to country.

    For instance, communist or socialist parties in countries, such as Russia and China hardly face any considerable challenge whereas such parties exert sizeable political pressure in countries like India, Sweden, Italy, and Greece. On the other hand; these parties hardly have any political viability in the US. Most religious organizations are politically neutral in India. Whereas the Catholic Church played a crucial role in overthrowing Ferdinand Marcos in the Philippines and the liberation of Poland from Soviet domination. Islamic religious leaders in Iran greatly influence political decision making.