Q: Is Sovereignty the main characteristic of the modern state? Sovereignty is the main characteristic, which can also be referred to as the most important, of the modern state for many reasons which include the essential nature of sovereignty to the capitalist system (Wallerstein,1999, p.32) and the way in which it allows the state to protect its citizens (Held, 1989, p.16). However, there are other characteristics of the modern state to consider such as the feature of a bureaucracy and the…
surveillance. The company stated this was unconstitutional. The government threatened Yahoo with a fine of $250,000 dollars a day if they refused to obey (CBS News, 2014). Yahoo lost the battle in court. The American Civil Liberties Union attorney Patrick Toomey said “The secrecy that surrounds these court proceedings prevents the public from understanding our surveillance laws, todays release only underscores the need for basic structural reforms to bring transparency to NSA’s surveillance…
Over 150 years ago, our nation went through a major battle known as the Civil War. It was a conflict where 620,000 American soldiers died because of the different viewpoints between the North and the South. The years following this great battle molded our nation to become the land of the free and the home of the brave. The next 50 years for the United States of America were marked by the quest for freedom of different sorts, expansion as a nation, and modernization. It began with the hard-fought…
United States. The death penalty has been around in the states since colonial times.It has always had people opposed to it but after many legal pressures the United States congress declared the death penalty unconstitutional in 1972. After 4 years the court reversed its decision. The death penalty has been carried out in many ways in the United States since then for example firing squad, electric chair,…
continued their traditional way of life on the Murray Island. Taking place after their land bad been declared terra nullius by the European settlers, the connection that the aboriginals had developed with their land had become unrecognised and was immediately in use by the British. As an act of retaliation the islanders and aboriginals developed a challenge to target the high court along with the help of the Eddie Mabo in order to lead them in action. Using information from source five in the…
the UN’s work. Furthermore, the UN also includes a number of specialized agencies, which are independent bodies with their own charters, budgets, and staff. Notable agencies include IMF, World Bank, International Telecommunications Union, and the International Labour Union. The dizzying array of institutions can be seen as a negative because there is no way an entity can oversee that they are all operating righteously. Basically, there is room for political bargaining that can allow for things…
that has been known for a long time with various cultures that are considered as the most severe form of punishment. The death penalty inflicted as the effort to maintain and enforce the morality and justice. The criminal law is not to revenge the crimes that have been done by someone so that justice in the form of absolute balance remains is reached. The state and the authority do not have the authority to revoke the right to human…
The fight to control illegal immigration, trafficking, and terrorism is a continual effort of the United States and others as they consider human rights and a law enforcement approach to control the borders. In 2014, US Customs and Border Protection ran an ad called “Dangers Campaign” in South America as a mass outreach to warn people of the dangers of migration (Kaneti & Assis, 2016, p. 296). This low-cost approach pales in comparison to the Department of Homeland Security’s (DHS) overall…
the “Walford” case), Lord Ackner pointed out that “the concept of a duty to carry on negotiations in good faith is inherently repugnant to the adversarial position of the parties when involved in negotiations”. To analyse whether British courts and Hong Kong courts should follow the Walford position, or to follow the general principle of good faith, I believe we should first understand both principles and their intentions behind. According to Lord’s Ackner in the Walford case, negotiating with…
Statutory interpretation may be required when the meaning of the legislation enacted by the Parliament is unclear. This may occur due to many reasons such as; legislation failing to consider a specific point, a broad term being used to cover numerous possibilities , ambiguity, a drafting error, new technological developments, and changes in the use of language over time. In this essay I will attempt to answer whether statutory interpretation gives unelected judges unprecedented power to…