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Thursday, September 3, 2020
Foundation’s Edge CHAPTER TWO MAYOR
Civic chairman Branno had been sitting tight for 60 minutes, thinking tediously. In fact talking, she was blameworthy of breaking and entering. In addition, she had abused, illegally, the privileges of a Councilman. By the exacting laws that considered Mayors answerable since the times of Indbur III and the Mute, about two centuries before â⬠she was impeachable. On this one day, in any case, for twenty-four hours she couldn't take the blame no matter what. In any case, it would pass. She blended fretfully. The initial two centuries had been the Golden Age of the Foundation, the Heroic Era â⬠in any event all things considered, if not to the unfortunates who had lived in that uncertain time. Salvor Hardin and Hober Mallow had been the two incredible saints, semideified to the point of equaling the exceptional Hari Seldon himself. The three were a tripod on which all Foundation legend (and even Foundation history) rested. Back then, however, the Foundation had been one tiny world, with a shaky hang on the Four Kingdoms and with just a diminish consciousness of the degree to which the Seldon Plan was holding its defensive hand over it, thinking about it even against the remainder of the relentless Galactic Empire. What's more, the more impressive the Foundation developed as a political and business element, the less critical its rulers and warriors had come to appear. Lathan Devers was nearly overlooked. On the off chance that he was recollected by any stretch of the imagination, it was for his deplorable demise in the slave mines, instead of for his pointless yet fruitful battle against Bel Riose. Concerning Bel Riose, the noblest of the Foundation's foes, he also was almost overlooked, eclipsed by the Mule, who alone among adversaries had broken the Seldon Plan and crushed and controlled the Foundation. Only he was the Great Enemy â⬠without a doubt, the remainder of the Greats. It was little recalled that the Mule had been, fundamentally, vanquished by one individual â⬠a lady, Bayta Darell â⬠and that she had achieved the triumph without the assistance of anybody, â⬠without even the help of the Seldon Plan. In this way, as well, was it nearly overlooked that her child and granddaughter, Toran and Arkady Darrell, had crushed the Second Foundation, leaving the Foundation, the First Foundation, incomparable. These contemporary victors were not, at this point brave figures. The occasions had gotten too far reaching to even think about doing anything other than contract saints into normal humans. At that point, as well, Arkady's life story of her grandma had diminished her from a courageous woman to a figure of sentiment. What's more, from that point forward there had been no saints â⬠not figures of sentiment. The Kalganian war had been the last snapshot of brutality inundating the Foundation and that had been a minor clash. About two centuries of virtual harmony! A hundred and twenty years without even a boat scratched. It had been a decent harmony â⬠Branno would not deny that â⬠a gainful harmony. The Foundation had not set up a Second Galactic Empire â⬠it was just most of the way there by the Seldon Plan â⬠be that as it may, as the Foundation Federation, it held a solid financial hold on over 33% of the dissipated political units of the Galaxy, and affected what it didn't control. There were scarcely any spots where ââ¬Å"I am of the Foundationâ⬠was not met with deference. There was nobody who positioned higher in all the a great many possessed universes than the Mayor of Terminus. That was as yet the title. It was acquired from the pioneer of a solitary little and nearly dismissed city on a forlorn world on the most distant edge of human advancement, exactly five centuries prior, yet nobody would fantasy about transforming it or of giving it one iota more magnificence in-sound. As it might have been, just the everything except overlooked title of Imperial Majesty could equal it in wonder. â⬠Except on Terminus itself, where the forces of the Mayor were deliberately constrained. The memory of the Indburs despite everything remained. It was not their oppression that individuals couldn't overlook but rather the way that they had lost to the Mule. Furthermore, here she was, Harla Branno, the most grounded to manage since the Mule's passing (she realized that) and just the fifth lady to do as such. On this day just had she had the option to utilize her quality transparently. She had battled for her understanding of what was correct and what ought to be â⬠against the hounded resistance of the individuals who ached for the notoriety â⬠filled Interior of the Galaxy and for the air of Imperial force â⬠and she had won. Not yet, she had said. Not yet! Bounce too early for the Interior and you will lose far this explanation and for that. What's more, Seldon had showed up and had bolstered her in language practically indistinguishable with her own. It made her, for a period, according to all fine Foundation, as astute as Seldon himself. She realized they could overlook that any hour, in any case. What's more, this youngster set out to challenge her on this day of days. What's more, he set out to be correct? That was its peril. He was correct? Also, by being correct, he may decimate the Foundation! What's more, presently she confronted him and they were separated from everyone else. She said tragically, ââ¬Å"Could you not have come to see me secretly? Did you need to yell everything out in the Council Chamber in your inept want to make an idiot of me? What have you done, you careless boy?â⬠Trevize felt himself flushing and battled to control his displeasure. The Mayor was a maturing lady who might be sixty-three on her next birthday. He dithered to participate in a yelling match with somebody about twice his age. Plus, she was very much rehearsed in the political wars and realized that in the event that she could put her rival reeling toward the beginning, at that point the fight was half-won. Be that as it may, it took a group of people to make such a strategy compelling and there was no crowd before whom one may be embarrassed. There were only both of them. So he disregarded her words and gave a valiant effort to review her impartially. She was an elderly person wearing the unisex designs which had won for two ages now. They didn't turn into her. The Mayor, the pioneer of the Galaxy â⬠if pioneer there could be â⬠was only a plain elderly person who may effortlessly have been confused with an elderly person, then again, actually her iron-silver hair was tied firmly back, rather than being worn free in the conventional male style. Trevize grinned engagingly. Anyway much a matured rival endeavored to make the designation ââ¬Å"boyâ⬠sound like an affront, this specific ââ¬Å"boyâ⬠had the benefit of youth and great looks â⬠and the full consciousness of both. He stated, ââ¬Å"It's actual. I'm thirty-two and, in this manner, a kid â⬠as they say. Furthermore, I'm a Councilman and, accordingly, ex officio, careless. The primary condition is unavoidable. For the second, I can just say I'm sorry.â⬠ââ¬Å"Do you realize what you've done? Try not to remain there and take a stab at mind. Plunk down. Put your brain into gear, in the event that you can, and answer me rationally.â⬠ââ¬Å"I recognize what I've done. I've come clean as I've seen it.â⬠ââ¬Å"And on this day you attempt to resist me with it? On this one day when my notoriety is to such an extent that I could cull you out of the Council Chamber and capture you, with nobody setting out to protest?â⬠ââ¬Å"The Council will recoup its breath and it will dissent. They might be fighting at this point. What's more, they will hear me out even more for the mistreatment to which you are oppressing me.â⬠ââ¬Å"No one will hear you out, provided that I figured you would proceed with what you have been doing, I would keep on regarding you as a double crosser to the full degree of the law.â⬠ââ¬Å"I would then must be attempted.. I'd have my day in court.â⬠ââ¬Å"Don't rely on that. A Mayor's crisis powers are gigantic, regardless of whether they are once in a while used.â⬠ââ¬Å"On what grounds would you pronounce an emergency?â⬠ââ¬Å"I'll imagine the grounds. I have that much inventiveness left, and I don't fear facing the political challenge. Try not to push me, youngster. We are going to go to an understanding here or you will never be free again. You will be detained for an amazing remainder. I promise it. They gazed at one another: Branno in dim, Trevize in multishade earthy colored. Trevize stated, ââ¬Å"What sort of an agreement?â⬠ââ¬Å"Ah. You're interested. That is better. At that point we can take part in discussion rather than showdown. What is your place of view?â⬠ââ¬Å"You realize it well. You have been slithering in the mud with Councilman Compor, have you not?â⬠ââ¬Å"I need to hear it from you â⬠in the light of the Seldon Crisis just passed.â⬠ââ¬Å"Very well, if that is the thing that you need â⬠Madam Mayor!â⬠(He had been near the very edge of saying ââ¬Å"old woman.â⬠) ââ¬Å"The picture of Seldon was excessively right, too inconceivably right following 500 years. It's the eighth time he has showed up, I accept. On certain events, nobody was there to hear him. On at any rate one event, in the hour of Indbur III, what he needed to state was totally out of synchronization with the real world yet that was in the hour of the Mule, right? In any case, when, on any of those events, was he as right as he was now?â⬠Trevize permitted himself a little grin. ââ¬Å"Never previously, Madam Mayor, to the extent our accounts of the past are concerned, has Seldon figured out how to portray the circumstance so consummately, in the entirety of its littlest details.â⬠Branno stated, ââ¬Å"Is it your recommendation that the Seldon appearance, the holographic picture, is faked; that the Seldon accounts have been set up by a contemporary, for example, myself, maybe; that an entertainer was playing the Seldon role?â⬠ââ¬Å"Not incomprehensible, Madam Mayor, however that is not what I mean. The fact of the matter is far more regrettable. I accept that it is Seldon's picture we see, and that his depiction of the current crossroads in history is the portrayal he arranged 500 years back. I have said as a lot to your man, Kodell, who deliberately guided me through an act in which I appeared to help the notions of the careless Foundationer.â⬠ââ¬Å"Yes. The account will be utilized, if essential, to permit the Foundation to see that you were never truly in the restriction
Saturday, August 22, 2020
Montage Hotel
What an incredible open door it was to visit a heavenly nursery at the ââ¬Å"Montage Hotelâ⬠in Laguna Beach. The nursery extends around 700 feet in length and 60 feet wide on the west side of the Hotel by the Pacific Ocean. The nursery is raised around 50 feet over the sea with a breathtaking 180 degrees see. Checking out blossoms could be considered all to be the spot as beautiful as a rainbow Including all deferent brilliant hues pink, red white and yellow. The pink and red blossoms have petals that flip around one another In a lovely rose structure as the size of a strawberry.The white and yellow blossoms are comprised of 5 petals and are the size of marshmallows. Palm trees with green leaves hanging are everywhere around 20 of them going from 10 to 15 feet, The grass seems as though green a velvet floor covering so slim and fine, and It Is extended In zones around the solid walk ways. The walkways are Like 5 feet wide and they bend with the common ground edge corresponding to the sea. Earthy colored wood seats ignoring the sea welcome to sit and appreciate the landscape their size is around 6 feet in length and 2 feet wide.The seats comprise of high level outside road furniture with premium hard earthy colored wood, formed and bolstered by a traipsed steel outline. Individuals are perched on them and getting a charge out of the lovely sea view that is such a delight and can have enough of. A pergola enriches one of the seating regions ignoring the sea; it is made out of earthy colored wood. The pergola is arranged in three segments with half hexagon shape. Each segment is around 5 feet in length and 3 feet wide. The Ocean is dark blue and appears to shimmer like jewels. The waves delicately move with the south west breeze.The sand is as glossy as gold and it is extremely smooth and light. Strolling on the sand feels like a butterfly flying everywhere. Earthy colored chestnut rocks lift in a portion of the zones close to the water it appeared as thoug h an ideal slope for climbing however there is a sign, put by the city ecological area, precluding any tress passers to safeguard this valuable stone. Strolling along the sea shore the splendid sun covers the region with an imperceptible cover of warmth. The sun shows an excellent representation of red orange and yellow hues, particularly during the extraordinary stunning sunset.These beams spread through the blue skies like solid strings of fleece as they made the sky a riddle of hues all combined to give the all around flawless scene. As the sun begins to sit on the water it starts to dissolve and sink in the sea behind gimps of Catalina Island. Regardless of how solid tactile Images are accustomed to portraying this artful culmination Garden, words can't depict the genuine magnificence of this spot. It Is Indeed a bit of Heaven on earth. Montage Hotel By catacomb be considered all to be the spot as brilliant as a rainbow including all unique splendid hues there in a wonderful ros e structure as the size of a strawberry.The white and yellow feet. The grass seems as though green a velvet rug so flimsy and fine, and it is extended in zones around the solid walk ways. The walkways resemble 5 feet wide and they People are perched on them and appreciating the excellent sea view that is such a Joy and can't have enough of. A pergola beautifies one of the seating zones disregarding gimps of Catalina Island. Regardless of how solid tangible pictures are utilized to put. It is undoubtedly a bit of Heaven on earth.
Friday, August 21, 2020
There Are Many Types Of Cults In The World, Cults Are Essays - Cults
There are numerous sorts of cliques on the planet, religions are all over however you simply don't see them. Each individual on the planet has been in contact with them somehow as a rule you can't see them. The nearest faction we are aware of is on Rice Lake called the Moonies drove by Reverend Myung, where I have at present visited. Factions can be associated with places of worship and even are most punctual religions are called factions. Religions are not the most grounded gatherings' organizations are the most grounded gathering. At the point when you join an organization you can't escape them yet a faction you can leave without having any issue or duty. Groups won't let you out in light of the fact that multiple occasions it's illicit and they are apprehensive that you will say something to general society. Religions some of the time are unlawful to. Strict religions are in each town and town there is no meaning of a religion that is acknowledged by sociologists and therapist or then again religion numerous kinds of exercises will take clique like structures, a model would be any well known pattern like physical exercise this is called the physical wellness religion. Well known competitors are a major figure with regards to cliques, commonly Movie stars, proficient competitors will support an item and a pattern will begin, making it transform into a clique. Additionally individuals who produce convictions of something like flying saucer, outsiders or any obscure figures can be religion. In religion when individuals call a congregation they are alluding to a sacrosanct association having a profoundly organized or formalized authoritative opinion and progressive system, yet in addition permitting a touch of adaptability about enrollment necessities permitting you to go to a congregation and leave church when you need to. In spite of the fact that orders are against chapel endeavors to oblige to common society. Orders accept that they are securing a genuine confidence or conviction. Orders will in general avoid world occasions , and furthermore they have confidence in a solid severe conduct code and request a responsibility out of their individuals. The contrasts among cliques and factions are here and there the same. Numerous researchers don't make differentiations between the two. Religions are distinctive on the grounds that they don't expect as much responsibility. Numerous times' factions don't anticipate that couples should turn out to be separated. Factions don't last for whatever length of time that groups. Ordinarily's cliques get by as the decade progressed, and furthermore religions permit you to travel every which way as you need. Pioneers of factions fabricate around a magnetic pioneer who has a way of life committed to a explicit otherworldliness bunch that they realize others will follow. The word Mormonism started as a little clique at that point became greater until it turned into an order and in the long run into a congregation. All the new religions followed something very similar by starting little and getting greater than turning into a congregation. Factions return the extent that we are aware of life, cliques started to get greater and be known all through the world in the late 1960s and early 70s as individuals were better instructed and better saw how they were shaped and how they were run and individuals started to join. During this time Youths and working class individuals started to join religions in light of the fact that of the in activity and they had a sense of safety about themselves. Religions truly began to interest individuals when Jimmy Jones faction started in November of 1978 when all consideration was centered around the mass self destruction in Jonestown, a comparable occasion occurred in 1993 when government specialists occupied with a shoot out with clique pioneer David Koresh. Current religions have a wide range of practices and a wide range of methods of authority. A few religions have an adaptable practical initiative, as the gatherings in the alluring development originating from the territory Christian religion, different cliques have individuals who run and arrange clique occasions, similar to Reverend Myung Moon pioneer of the unification church. The explanation individuals are pulled in to current religions since it puts accentuation on network and on direct involvement in the perfect. In religions' members frequently locate a degree of social help and acknowledgment that they don't discover in a family unit. This makes and produces a feeling of having a place with something significant and a vibe of being someone. Individuals who regularly join cliques, for example, this, join since they think they are getting something the world didn't give them. A few variables have been taken a gander at to figure why individuals like are present day young people join religions. Components that were taken a gander at were medication's war rendezvous of numerous disagreeable presidents. Cliques have been examined regarding indoctrinating individuals, and saw it as obvious. Freight cliques are normally neutralist and
Friday, June 19, 2020
The capacity of the European Arrest Warrant - Free Essay Example
Critically discuss the capacity of the European Arrest Warrant to diminish traditional values of legitimacy and due process in criminal justice. Introduction Judicial cooperation is regarded as one of the main focus of the European Union (EU) integration in criminal matters. In the past decade we have seen revolutionary introductions of new mechanisms in the field that have reformed EU criminal cooperation and have favourably developed the EU into an area of security, freedom and justice. The pioneer initiative in this area has been, without uncertainty, the principle of mutual recognition, which has been regarded as the cornerstone of the judicial cooperation, therefore being the main centrepiece of EU judicial cooperation in criminal matters. The adoption of the framework decision on the European arrest warrant (EAW) has signified a welcome of the first concrete measure in the field of EU criminal law in implementing the principle of mutual recognition. The EAW is (EAW) is an arrest warrant binding throughout all member states of the European Union (EU). When issued, it requires another member state to arrest and transfer a criminal suspect to the issuing state so that the individual can be put on trial or complete a detention period[1]. It has, to date been applied by all member states and has also had more than seven years of testing ground. In exploring the context and implication of the principle of mutual recognition in criminal matters on state values and traditions, this thesis will take the European arrest warrant as a case study. The hypothesis of this thesis is that the European arrest warrant, in theory and practice, challenges the essential functions and prerogatives of member states which are defining features of their state sovereignty. The discussion which follows is dedicated to exploring whether the European arrest warrant diminish traditional values of legitimacy and due process in criminal justice. To do so, it will focus on three axioms around the European arrest warrant; a) the removal of the bar to surrender of owns nationals[2], b) the double criminality requirement and its partial abolition and c) the depoliticisation of the surrender procedure. In examining this research question, a methodological challenge that arose was the interpretation of the concept of traditional values of legitimacy which has been taken in this thesis to mean à ¢Ã¢â ¬Ã
âsovereigntyà ¢Ã¢â ¬Ã as it is a contested conc ept and could be said to one of the most ambiguous terms in use today[3]. The term is concurrently used by scholars, politicians, jurist, journalist and even laymen in reference to different notions. In this context, prior to setting out examining whether the European arrest warrant challenges state sovereignty and due process in criminal justice, it is evident that the concept of state sovereignty must first be identified to the extent that it will be used in the analysis of this paper. Put simply, state sovereignty, includes a state having political and legal authority over all individuals in regards to any affairs within its territory[4], and as such, said state is not obliged to adhere to any demands from other states as it is equal to and independent of other autonomous states[5]. Therefore the criminal law of a state has a trilogy of defining characteristic that is associated closely with the expression of traditional values of legitimacy within a state due to its series of set rules which lays down its values/principles of what is acceptable and what is not. It also has its own stigmatic punishment[6] and sets of sanctions to support its procedures, while its criminal justice system, such as the judges, courts and the police are designated to interpret and enforce the due process in criminal justice[7]. The characteristic is used as a method of social control[8] within the state superiority and therefore criminal law provides the states with a social control mechanism through which they can regulate human behaviour and thus far exercise its traditional values of legitimacy. The stateà ¢Ã¢â ¬Ã¢â ¢s ability to decide what conduct to criminalise, enforce and interpret is the ultimate expression of its legitimacy within its territory, thereby showing democratic negotiations of what is acceptable and what is unacceptable on a national platform. These democratic dialogues are considered to echo the social norms which are particular to each st ate and its criminal laws, thereby à ¢Ã¢â ¬Ã
âa product of culture in that it is rooted in the history of a State and exhibits a nationà ¢Ã¢â ¬Ã¢â ¢s deepest convictions and valuesà ¢Ã¢â ¬Ã .[9] It can also be contended that criminal law is seen as a manifestation of state legitimacy[10] and as such, judicial collaboration in criminal matters through the standard of mutual recognition, in practice and theory, is used to challenge the crucial functions and prerogatives of member states that are defining features of traditional values and legitimacy. Thus legitimacy in criminal law within the state is absolute. Part A) Removal of Bar to Surrender The problems with the challenges raised from the removal of the bar to surrender own national has shown how the capacity of the EAW to strengthen the bond of allegiance between state and its own national in establishing its traditional values and legitimacy; this bond can be transcribed into member states constitutions which has led to numerous problems in implementing the FD with some countries having to make changes to legislations in order to accommodate the obligations to surrender their nationals. This is illuminated in the cases of Germany[11] and Poland, where it was illustrated that there were inherent constitutional issues with the application of the EAW. This in turn showed judgments that state legitimacy is a principle that lies within the hearts of member states and therefore the removal of the bar to surrender own nationals thereby challenges it. This is especially seen in Polandà ¢Ã¢â ¬Ã¢â ¢s vigorous attempts to constitutional preservation as grounds of refusal, of the verification of the double criminality requirement principle in order to diminish the induced challenges. Part B) The Double/Dual Criminality Requirement and its Partial Abolition. The double criminality and partial abolition affects the European Arrest Warrant in diminishing traditional values and legi timacy (sovereignty) by creating extraterritoriality or as some scholars have described as the horizontal transfer of legitimacy. Upon this, the double criminality ensures that the set of principles reflected in criminal law of the executing state thereby confines the loss of legitimacy upon the issuing state use of its criminal justice while that member state executes its own legitimate act within its territory. Upon the list of the 32 categories of offences, and providing that conditions are met, the double criminality requirement and subsequently, the stateà ¢Ã¢â ¬Ã¢â ¢s traditional values and legitimacy protection provided is abolished. It is therefore said that some of the offences descriptions are vague, leading commentators to argue that this thus creates a function. Siledregt states, for example, that it allows for certain laxity in the definition of offences which prevents the list from being outdated and therefore in need of constant amendment and also accommodates the crime definition of 27 member states by not being that narrow.[12] On the other hand, there being more than 27 different criminal legal systems and more than 23 official languages in which definitions are expressed differently creates a vague and broad category of crimes. The lack of standardised definitions has created inconsistencies within the chain of transfer of horizontal power of legitimacy. This therefore has created difficulty of finding out which category of offences which the double criminality can be abolished. Due to the fact that more than 23 languages exacerbates the interpretation of the substantial element of the offences and as such has given rise to the partial abolition of double criminality further challenges the horizontal transfer of legitimacy and traditional values. In regards to the offence of rape, for example, in England and France one or more genital organs of the victim or the anus must be involved for penetration to amount to rape, while in other member states (Germany) there is no such conditions and other member states, any sexual penetration is regarded as punishable[13]; this is thus illustrated in the case of European court of human rights M.C v Bulgaria[14]. This complication of definition is also illuminated in the case Julian Paul Assange[15]. Assange case is seen as implementing the à ¢Ã¢â ¬Ã
âone shoe fits allà ¢Ã¢â ¬Ã approach in EU criminal legal matters. Thereby the EAW is being used to impose a process of extradition that does not reflect the overall natural justice member states nationals deserves. Assange case indicates how the EAW procedure has been put together in ways which by-pass traditional values/national sovereignty. This lack of precision in the classification of offences and the inconsistency in the language or versions of offences in Member States captures even greater legitimate constraints with the abolishment of the double criminality requirement. The clause in article 2(2) à ¢Ã¢â ¬Ã
âmember states can precede without verification of the double criminality of the actà ¢Ã¢â ¬Ã has further created a transfer of horizontal legitimacy of national sovereignty from the issuing state towards the executing state in becoming absolute/authorative as it restrains the role of the executing states in ascertaining its control. Additionally, it is evident that the executing state cedes sovereignty/legitimacy on unstable grounds and as such infringes human rights of any individual that is surrendered under the European arrest warrant[16] particularly their rights to liberty and security and this therefore challenge the traditional values of all member states as this is one of the main principles of their constitutions. The abolition of the double criminality requirement for 32 offences to surrender individuals, although the acts committed do not constitute an offence within the executing state has been challenged in the case of Advocaten Voor De Wereld[17], where the Belgian court submitted a preliminary ruling regarding the conformity of the frame work decision(FD) with the principles of legality, equality and non-discrimination, because by no longer requiring the double criminality principle, these rights will be put at risk[18] and upon evaluation the ECJ examined the FD in light of the protection of fundamental rights, held that the principle of legality of criminal offences and penalties as the general legal principle common to the member states; and as such compliance with the principle must be assessed from a national law perspective and not on the basis of the FD on EAW. But while on the principle of equality and non-discrimination, found that different treatments for list and non-list offenses by the FD was objectively justified; and the FD on EAW is not designed to harmonise the substantive criminal justice. This can be seen as a further bypass the legitimate challenges that arise from horizontal transfer of na tional/traditional values from the issuing to the executing states, this reasoning can be seen as the courts attempt to keep a high level of mutual trust between member states while establishing the normative value of the EAW[19]. Another case which illustrates the problematic issues regarding the double criminality can be seen in the Julian Assange case. Part C) The Depoliticisation of the Surrender Procedure The link between the double criminality and the depoliticisation of the EAW procedure is the new mode of governance upon which the national judicial authorities becomes players in their own rights within the international system, leading to the creation of transnational network of national judges, demonstrating the plan for the EAWà ¢Ã¢â ¬Ã¢â ¢s horizontal transfer of legitimacy from the issuing state to the executing state, meaning that the power of judges in this power struggle is absolute, even though it can be subject to grounds of refusal, while the sovereignty of the executing state is challenged. This is due to the fact that judges have no political gravity because they are tools to the acts of justice, independent and follows the rule of law in exercising judgment by not endorsing the political issues of the state, in implementing decisions. To this, state values and legitimacy are further diminished and not protected. Furthermore, the ability to exercise legitimacy/traditional values in a political field has been conceded for member states because the move from political to judicial has seen the loss of its diplomatic tool, due to the fact that it is now difficult to pressure through a decision to surrender by way of political or diplomatic means. Additionally, the lack of homogeneity of legal systems has created the emergence of judgeà ¢Ã¢â ¬Ã¢â ¢s interiming as concierge of their national legal systems, by acting as porters; judges are passing the jurisdictions of the executive thereby expressing the fundamental political agenda of their government and as such the horizontal transfer of legitimacy in creating a EAW would not defy the states traditional values. However, when judgeà ¢Ã¢â ¬Ã¢â ¢s political views are not in line with the governmentà ¢Ã¢â ¬Ã¢â ¢s political and social objectives, it therefore challenges the stateà ¢Ã¢â ¬Ã¢â ¢s traditional values of legitimacy. Yet, a close inspection of the FD shows that the plethora of grounds of refusal added within the FD does not allow automaticity which is one of the principles of mutual recognition, in the agreement by one member state to another, showing member states attempt to protect itself with the leeway within the FD by not automatically taking the decisions of other member states within its territory. This mechanism can be seen as its ploy to screen the horizontal transfer of power which takes place in issuing an EAW, by engaging in such checks. It can be argued that such reluctance is a way of not relinquishing its legi timate rights which is increasingly challenged by the depoliticisation of the European arrest warrant procedure. The Future of the European Arrest Warrant: The European arrest warrant is said to fruitful in reducing the chances of offenders not misusing the free movement of persons within the EU in attempts at escaping justice. However, the integrity of the EAW, such as the abolition of the double criminality is unlikely to change in spite of the human rights concerns. Nonetheless, the commission council are now pursuing changes to address issues of proportionality for EUà ¢Ã¢â ¬Ã¢â ¢s continuing programmes in ensuring that basic rights for accused individuals around Europe. It is shown throughout my research, that member states will protect any risk within their capacity to stop the diminishing of their traditional values of legitimacy in matters of criminal justice. Closing, it is submitted that not enough weight has been given in the EU to analyse and understand EU integration in criminal matters through the lens of the impact it has on Traditional valves and its due process. To this respect, it is submitted that only if Member States understand the intrinsic and real challenges from incorporation of their Traditional values, and ways are establish to pacify the ceding Traditional values/Sovereignty, whilst promoting EU cooperation, will EU mixing in criminal matters proceed on concrete ground. The question one is left with: Is it possible that the European arrest warrants disadvantage citizens from a common law system more than a civil law system or vice versa or could it be that they disadvantage both equally given the inherent distance that the European government has from any of its citizens Bibliography Bartelson J., A Genealogy of Sovereignty, Cambridge: Cambridge University Press, 1995 Abramson W., Extradition in the United States, in Keijzer N. and Sliedregt E. van, The European Arrest Warrant in Practice, T. M. C. Asser Pr ess, 2009 Bartelson J., A Genealogy of Sovereignty, Cambridge: Cambridge University Press, 1995 Lazowski A., à ¢Ã¢â ¬ÃÅ"Constitutional Tribunal on the Surrender of Polish Citizens Under the European Arrest Warrant. Decision of 27 April 2005à ¢Ã¢â ¬Ã¢â ¢, EuConst., 2005 Murray CJ: was critical à ¢Ã¢â ¬Ã
â the somewhat vague language and curious constructionà ¢Ã¢â ¬Ã of the framework à ¢Ã¢â ¬Ã¢â¬Å" balancing due process with welfare values/objectives. Ian Bailey à ¢Ã¢â ¬Ã
âFair or Foul? The European arrest warrant justice sans frontier an instrument open to abuse- The executive force of community law cannot fluctuate from one state to another in deference to subsequent domestic laws; could this be defined as restorative justice or just simply obscured justice. Julian Assange v Swedish Prosecution Authority [2012] UKSC 22 :On appeal from: [2011] EWHC Admin 2849 cases C-187/01 and C-385/01 GÃÆ'à ¶zÃÆ'à ¼tok and Brugge ECR [2003] I-1354. Forde, Michael; Kelly, Kieran (2011).Extradition Law and Transnational Criminal Procedure(4th ed.). Roundhall. p.18 Marianne L. Wade: Judicial control: the CJEU and the future of Eurojust : file:///C:/Users/adminuser/Downloads/Eurojust%20-%20Wade%20Article.pdf Extradition and the European Arrest Warrant à ¢Ã¢â ¬Ã¢â¬Å" Recent Developments: file:///C:/Users/adminuser/Downloads/Extradition%20and%20EAW%20-%20Home%20Office%20(1).pdf A REVIEW OF THE UNITED KINGDOMà ¢Ã¢â ¬Ã¢â ¢S -EXTRADITION ARRANGEMENTS: file:///C:/Users/adminuser/Downloads/Review%20of%20Extradition%20Arrangements%20UK.pdf Professor Dermot P Walsh à ¢Ã¢â ¬Ã
âAn Emerging EU Criminal Process?à ¢Ã¢â ¬Ã file:///C:/Users/adminuser/Downloads/EU%20Criminal%20Process%20Article.pdf 1 [1] 2002/584/JHA of 13 June 2002 [2] Forde, Michael; Kelly, Kieran (2011).Extradition Law and Transnational Criminal Procedure(4th ed.). Roundhall. p.18 [3] Rajan M.S., UN and Domestic Jurisdiction, Orient Longmans, Bombay, 1958, 6. It is accepted that not all scholars agree that the Peace of Westphalia deserves this status. For a discussion see Krasner S. D., Sovereignty: Organized Hypocrisy, Princeton, NJ: Princeton University Press, 1999 [4] Bartelson J 1996 [5] Ibid [6] Stigmatic punishment is arguably the distinguishing characteristic of criminal Law from other forms of social control and from other branches of law see Clarkson C. M. V., Keating H.M., and Cunnigham S. R., Clarkson and Keating Criminal Law: Text and Materials. 6th ed., London: Sweet Maxwell, 2007 at p.1. [7] [8] Formal Social Control is a form of social control that is based on rules of behavior that are written down to regulate individuals and there is usually a formal and regulated mea ns of sanction for non-compliance with those rules of behavior see Quinney R. and Trevino A. J., The Social Reality of Crime. 2nd ed., New York: Transaction Puplishers, 2001 at p.6. [9] Wilt H., à ¢Ã¢â ¬Ã
âSome critical reflections on the process of harmonisation of criminal law within the European Unionà ¢Ã¢â ¬Ã , in Klip A. and Wilt H. van der (eds), Harmonisation and Harmonising Measures in Criminal Law, Royal Netherlands Academy of Arts and Sciences, 2002, 77. [10] See for example Perron W., Perspectives of the Harmonisation of Criminal Law and Criminal Procedure in the European Union, in HusabÃÆ'à ¸ E. J. and Strandbakken A., Harmonization of Criminal Law in Europe: Series Supranational Criminal Law: Capita Selecta. s.l.: Intersentia, 2005 at p.p.5-6; Kapardis A. and Stefanou E.A., The First Two Years of Fiddling around with the Implementation of the European Arrest Warrant (EAW) in Cyprus, in Guild E. (eds), Constitutional Challenges to the European Arrest Wa rrant. s.l.: Wolf Legal Publishers, 2006 at p.75. [11] Joined Cases C-187/01 and C-385/01 [12] Sliedregt E. van., The Dual Criminality Requirment, in Keijzer N. and Sliedregt E. van (eds.), The European Arrest Warrant in Practice, The Hague, 2009, p.58. [13] Council Framework Decision 2005/222/JHA of 24 February 2005 on attacks against information systems; Official Journal L 069, 16/03/2005, 67à ¢Ã¢â ¬Ã¢â¬Å"71 [14] Ibid 9 [15] [2012] UKSC 22 ; On appeal from: [2011] EWHC Admin 2849 [16] Council Framework Decision on the European Arrest Warrant and surrender procedures between Member States of the European Union, of 13 June 2002, OJ L 190, of 18 July 2002 (hereinafter referred to as Framework Decision). [17] C-303/05 Advocaten voor de Wereld [18] A further preliminary ruling ground brought forward, that is not mentioned in this essay, was à ¢Ã¢â ¬Ã
âthat the subject-matter of the European arrest warrant ought to have been implemented by way of a conv ention and not by way of a framework decision since, under Article 34(2) (b) EU, framework decisions may be adopted only à ¢Ã¢â ¬ÃÅ"for the purpose of approximation of the laws and regulations of the Member Statesà ¢Ã¢â ¬Ã¢â ¢Ã ¢Ã¢â ¬Ã (Para. 11 and Para 16(1)). Although the European Court of Justice accepted that the European Arrest Warrant could equally have been the subject of a Convention, it took the view that it is within the Councilà ¢Ã¢â ¬Ã¢â ¢s discretion to give preference to the legal instrument of the Framework Decision in cases where the conditions governing the adoption of such a measure are satisfied (Para. 41). The Court confirmed that there is no distinction in the third pillar as à ¢Ã¢â ¬Ã
âto the type of measures which may be adopted on the basis of the subject-matter to which the joint action in the field of criminal cooperation relatesà ¢Ã¢â ¬Ã (Para. 36) and that there is no priority between the different instruments mentioned in Article 34(2) TEU (Para. 37). Moreover, it was rejected that the adoption of Framework Decisions must relate only to areas mentioned in Article 31 (1) (e) which provides the basis for criminal law approximation. The Court also rejected that the European Arrest Warrant should have been adopted by a Convention, as it replaced earlier EU extradition Conventions, as this would à ¢Ã¢â ¬Ã
ârisk depriving of its essential effectiveness the Councilà ¢Ã¢â ¬Ã¢â ¢s recognised power to adopt framework decisions in fields previously governed by international conventionsà ¢Ã¢â ¬Ã (Para. 42) [19] cases C-187/01 and C-385/01 GÃÆ'à ¶zÃÆ'à ¼tok and Brugge ECR [2003] I-1354.
Wednesday, May 6, 2020
Bullying And What Affects It Has On A Person Being Bullied
My topic of research will be on bullying and what affects it has on a person being bullied. To start out, bullying is justified as using supreme strength or influence to intimidate someone, usually to have another person do what you want them to do (Wikipedia, 2016). The word bully was first used in the 1530s, and itââ¬â¢s meaning then meant ââ¬Å"sweetheartâ⬠, it went on to be used as fine, fellow, bluster, and then to the harasser of the weak (Bullying, 2016). A person who becomes a bully isnââ¬â¢t born that way, it comes from a young age at when they were the ones getting picked on. When children are young, they can get bullied by their families, neighbors, or other children at school. When this happens it causes certain children to think thisâ⬠¦show more contentâ⬠¦There are four stages of bullying abuse that can affect a person for their entire life. They are: 1) Emotional, 2) Verbal, 3) Physical, and 4) Cyber (Bullying, 2016). With the effects of emotional abuse, the victim is left with no self worth, they start to believe everything the bully is saying is true, and it leads them to depression. The verbal abuse from a bully can leave a person feeling small because of the rumors spread by the bully and by the bully making fun of them to others. Physical abuse can lead to being hospitalized for being beaten up, will make you feel scared to be alone, and it can also make you paranoid like everyone is out to get you. Lastly, with Cyber bullying, a bully can attack a person through social media, emails, and texts. With bullying, boys are highly to be attacked by a bully with physical abuse and girls are likely to be bullied indirectly. Statistics show that 15 to 25 children commit suicide. There have been many young people wo have committed suicide due to being bullied. These young peoples names are Ryan Halligen, Phoebe Prince, Dawn Marie Wesley, Kelly Yeomans, Jessica Haffer, Hamel Natosh, April Himes, Cherice Moralez, and Rebecca Ann Sedwick. There are two people who were bullied when they were younger and became serial killers. The first one
An External Environment Analysis of Ireland
Question: Describe about an external environment analysis of Ireland? Answer: Introduction In recent times there are many organizations which faces a challenge regarding the impact on their business due to change in environment. The companies face various threats and challenges due to environmental changes can affect the profitability of a country. The analysis provides details about the external environment of Ireland. The analysis is done based on PESTLE analysis. IRELAND capital Dublin Area 84,421 km2 Official language English, Irish, Ulster Scots Population 4,832,765 currency EURO Ethnic group White, Asian,black. Source: (Cia.gov, 2015) Political Ireland belongs to European Union since 1973. Hence the trade policy of Ireland is same as other countries of European according to the trade and Foreign affairs department of Ireland, the division of promoting and trade is responsible for strategic decisions and applications the oversight of export trade council and making trade strategy for economic and cultural relations along with various related information (Cia.gov, 2015). Being a part of European Union it has certain non tariff barriers in import restrictions, quotas, services, manufacturing and agricultural subsidies. For the treaty of Fiscal deficit, Ireland aims to adopt long term budgetary plans in the Euro area and the European Union. Ireland has low scope for terrorism and the international relations are strong with UK, Iceland, and Denmark and apart from European Union members, they had a substantially good foreign relation with USA (Buyusainfo.net, 2015). Economical GDP rate 183.8 billion CPI rate of Inflation -0.6% Unemployment 10.5% Average Gross Salary $3,508 monthly Foreign Reserves 1.219 Billion Source: (Cso.ie, 2015) Due to high Sovereign debt, increased rate of Unemployment and low foreign exchange the country is facing social and economic challenges Presently the emerging industry in Ireland is Entertainment and media (Insights, Desk, Data, Connected Academy (for students, 2015). The internal debt of Government has increased highly around 2010 for economic crisis (brink Kenny, 2015). At that period funds were generated by issuing their bonds in the economy. In the Irish property market, due to domestic issues there are bank solvency problem in Ireland. The Ireland government focuses more on trade, investment, high-tech and services Industry. Ireland is considered amongst the leading wealthiest countries. Social Birth rate 16.1 births per 1000 population Gender ratio (male: Female) 1 male(s)/female Unemployment rate 11.9% Literacy rate 99% religion Irish 84.5%, other white 9.8%, Asian 1.9% Source: (Indexmundi.com, 2015) English, Irish are the commonly used Official language in Ireland. Apart from European Union, the country has membership in many global Organizations like Security and Cooperation in Europe and The United Nations. In regard to social issues, Ireland is considered as progressive. The major social challenges include increasing the rate of employment for higher purchasing power and income level. From the age of six the education system of Ireland is compulsory. Technological Ireland is currently going through a digital conversion. The continual innovation has led the technological Industry of Ireland to grow in a rapid rate. According to technological survey, the market speculators predicted there are 90% companies who have chances of sales growth due to technological advancement (Bdo.ie, 2015). The Ireland Information and Communication Technology are renowned because out of top ten, nine of the ICT companies are located in Ireland. Ireland has total three international Airports where the route between London and Dublin is considered as the busiest route. For high level of infrastructural programs the exportation of services and goods facilitates a business. Ireland has remarkable transport structure and logistics. It offers regular ferry service, rail service and many more. 77% population in Ireland is Internet users the country is ranked among the 40th in the world for using internet services. Legal According to reports of 2010 the service export of Ireland had increased to 16 Billion yearly after the Government came into terms with new measures for lifting legal barriers for trading. Due to this the Ireland has become the only country amongst Eurozone that has a record for increase in export activity. Irish firms have free access to approximately 350 million people, which helps firms to expand. In order to launch a business the days required is six, and necessary permission takes around 150 days (Citizensinformation.ie, 2015). The labor rate is costly though there flexible dismissal and hiring regulations. The government charges subsidy over few industries like energy and wind. Environmental The quality of Irish environment is good, the climate is influenced by Atlantic Ocean, the average temperature in Ireland is 50F the sea temperature is also mild (Weatheronline.co.uk, 2015). The pollution is less which indirectly makes a good impact on the health of the people of Ireland. Ireland hugely emphasizes on environmental protection and health of their people. Conclusion Through Pestle analysis it is clear that Ireland is economically stable and politically strong. Not only that the social and cultural structures of Ireland is very acceptable for business expansion and entry into the market. Because of its high focus in technological advancement the country would stand as a better prospect in European countries. There are also low rigidity in trade policy tariff and taxation in industries. Thus Ireland seems to be a favorable destination for any market entry. References Bdo.ie,. (2015).BDO Ireland | Technology, Media Telecoms Publications | Technology sector growth survey insights 2013-2014. Retrieved 2 March 2015, from https://www.bdo.ie/publications/technology-media-telecoms/technology-sector-growth-survey-insights-2013-2014 brink, H., Kenny, E. (2015).How Ireland pulled back from the brink.Agenda - The World Economic Forum. Retrieved 2 March 2015, from https://agenda.weforum.org/2015/01/how-ireland-pulled-back-from-the-brink/ Buyusainfo.net,. (2015).U.S. Commercial Service : Your Global Business Partner. Retrieved 2 March 2015, from https://www.buyusainfo.net/adsearch.cfm?search_type=intloadnav=no Cia.gov,. (2015).The World Factbook. Retrieved 2 March 2015, from https://www.cia.gov/library/publications/the-world-factbook/geos/ei.html Cia.gov,. (2015).The World Factbook. Retrieved 2 March 2015, from https://www.cia.gov/library/publications/the-world-factbook/geos/ei.html Citizensinformation.ie,. (2015).Residence rights of non-EEA nationals in Ireland. Retrieved 2 March 2015, from https://www.citizensinformation.ie/en/moving_country/moving_to_ireland/rights_of_residence_in_ireland/residence_rights_of_non_eea_nationals_in_ireland.html Cso.ie,. (2015).Consumer Price Index January 2015 - CSO - Central Statistics Office. Retrieved 2 March 2015, from https://www.cso.ie/en/releasesandpublications/er/cpi/consumerpriceindexjanuary2015/#.VPQmY_mUdEA Indexmundi.com,. (2015).Ireland Demographics Profile 2014. Retrieved 2 March 2015, from https://www.indexmundi.com/ireland/demographics_profile.html Insights, G., Desk, R., Data, T., Connected, G., Academy (for students, t. (2015).Ireland globalEDGE: Your source for Global Business Knowledge.Globaledge.msu.edu. Retrieved 2 March 2015, from https://globaledge.msu.edu/globalresources/resourcesbytag/ireland Weatheronline.co.uk,. (2015).Climate of the World: Ireland - Weather UK - weatheronline.co.uk. Retrieved 2 March 2015, from https://www.weatheronline.co.uk/reports/climate/Ireland.htm
Friday, April 17, 2020
How Often Do the Same Essay Topics Come Up on Bar Exam?
How Often Do the Same Essay Topics Come Up on Bar Exam?One of the most common questions I receive when I go to help students on their exams is how often do the same essay topics come up on the Bar Exam. Of course, everyone is familiar with what essays are, and how they are supposed to be written. Therefore, the question of how often this occurs is not a surprise. There is a simple answer to this question.All students need to learn this lesson early on in their studies. There is one topic that will come up all the time, and that is the topic of this essay. The purpose of the essay is to provide a strong foundation for the rest of the essay to follow. For this reason, it is necessary to get used to writing this topic in the first place.The usual reasons for why essay topics are similar comes down to this: writers. When writing a great paper, it is necessary to write a strong argument. When writing an essay, it is necessary to write a strong argument. However, there are other considerat ions. Two examples include making sure you outline well, and understanding when you should 'reset' your premise.When you have a strong argument, there is no need to hide it. When writing an essay, the idea of hiding your arguments is to present them in a way that can be understood easily. When working on the Bar Exam, this is often impossible. As a result, writers must be extremely honest with themselves and others. They need to be able to talk about their arguments in great detail, and they need to be able to clearly present it.Another important aspect to keep in mind is the need to reset your premise. When writing, writers often worry about repeating themselves or writing a long essay, and how long the rest of the task would take. It is very easy to get so wrapped up in their ideas that they forget to reset their topic. You need to realize that you will need to rewrite the entire essay after the first ten sentences.There is a reason why people think that their essays are similar o n the Bar Exam. Many writers do not understand how many different ways their topic can be presented. If the essay needs to be rewritten, then it is definitely because it is too long. Writing an essay is generally a short task, but this is not always the case.The average person cannot really expect to know how often a topic will be repeated on the Bar Exam. In the first place, if you are asking how often do the same essay topics come up on Bar Exam, you are more than likely not familiar with Bar Exam material. Therefore, knowing how often topics are repeated is not likely to be a very common question.In summary, it is extremely important to understand that you need to learn how to establish your thesis and know when to reset the theme. In order to truly write a strong argument, you need to be aware of these topics, and they should be part of your overall study experience.
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