Judicial activism of the European Court of Justice Essay

Judicial activism of the European Court of Justice - Essay Example In spite of this, the ECJ tends to take a cautious approach in adopting the policy. It is worth noting that the ECJ has a constant need to develop general principles for procedural purposes, which can sometimes be interpreted as activism (Kelly 315). Unlike federal states, there is no hierarchy relation between European community laws and national laws. Therefore, these two sets of laws coexist in the European judicial environment. As such, there is a need for certain comprehensive principles to resolve problems arising from conflict between these two sets of laws and the ECJ took up this boundary-pushing duty of setting up principles such as the direct effect and primacy. The EU Treaty does not assign the ECJ federation duties and its assumption of this role can be interpreted as judicial activism (Kelly 315). Member states, institutions and individuals in the EU are bound by the constitutional principles developed by the ECJ when they act within the community. In a series of decisi ons, passed in the 1960s and 1970s, the ECJ established doctrines that have served as precedents of a theory of legal intervention into the relationship between Member States and the Community. In an apparently activist approach, the ECJ held that the provisions of the Treaty could have a direct effect in its ruling on the 1963 Van Gend en Loos case. This essentially means that individuals and private citizens could sue national governments in the national courts for failing to enforce the Treaty. In its declaration, the ECJ stipulated that the Treaty is superior to an agreement that creates mutual obligations between contracting states insisting that the Community constitutes a new legal order of international law limiting the sovereignty of states within limited fields (Abels and Joyce 59). In the case of Costa v. ENEL, the ECJ established the supremacy doctrine meaning that state transfers of legal powers were irreversible and permanently limited their sovereign rights. In its ru ling, the ECJ decreed that the EEC treaty was no ordinary international treaty and had its own legal system which upon enforcement of the Treaty became an integral part of the legal systems of Member States and their courts were bound by the system. It further stated that the creation of a community of unlimited duration, with its own institutions, personality, legal capacity, capacity of representation on the international plane and most importantly, real powers limiting sovereignty of Member States or the transfer of power from the states to the Community, members had effectively limited their sovereign rights, within limited fields, creating a body of law binding their nationals and themselves(Abels and Joyce 59). In the Francovich case, the court resolute that the failure of Member States to swap orders amounts to a breach of Community law and as such were obliged to compensate harm suffered by individuals. The court in its ruling held that the complete efficiency of Community r ules would be compromised, and the protection of the rights they grant weakened if individuals were denied redress when their rights were infringed by violation of Community law for which a Member State was responsible (Dougan 157). The ECJ developed the preemption doctrine in a series of cases. This doctrine implied that

Uniformly Accelerated Motion Assignment Example | Topics and Well Written Essays - 1000 words

Uniformly Accelerated Motion - Assignment Example The graphical representation for movement along straight line includes plotting distance against time is always regarded as positive. The curve of this graph never reduces take for instance the speedometer and odometer in a vehicle. Since the displacement is termed as the vector quantity, it can be graphed against the period if we confine the motion of a line and then use the positive and the negative signs in specifying the direction. However, it is a conventional practice plotting displacement along straight line against time with the help of a scheme. Such graphical representation along the x-axis may be positive or negative. The graph can either be a plus and get more plus or negative and get more minus. In the two cases, the curve would be a positive slope and the object will be a positive velocity. Additionally, the graph might be positive, have less positive and or a minus, and have more minus. In the two cases, the curve would have a minus slope and the object will be a negat ive velocity. The instantaneous velocity of any given object at any given time will be the displacement slope against the time graph. Therefore, it can either be +ve, -ve, or even zero. The instantaneous acceleration of the object at a given time will be the gradient of the velocity against the time graph at that given time. For the constant motion and velocity along the x-axis, the x graph against t graph is represented as the titled straight line. For the constant motion and its acceleration, the v against the t graph is represented as a straight line (Bueche and Eugene, 134).

Summary Essay Example | Topics and Well Written Essays - 250 words - 91

Summary - Essay Example One does not have to complicate issues but rather perceive things as they are and slowly move to understanding the reason why they are as they are. The writer insists on keeping one’s eyes and mind open to diverse modes of reasoning. He explains that even in the darkness or blurriness of fog there seems to be specks of light. He states that in darkness there’s a great deal of light, the same lies for where there’s too much light. As he concludes, the writer describes the secret path to illumination. The writer talks about the ethics of journalism. This regards the type of imagery and language they use in describing events or people. He gave an example of black suspect whom the newspaper presumed guilty and as a result printed a photo that gave him a more sinister look that aimed at showing blacks are criminals. Ethics lay all round, including writing the truth in the newspapers and no amount of captioning can make a visual lie to be true. Disregarding the misrepresented information a lie still remains a lie. In conclusion, it is rather a question of ethical responsibility than just putting the message

Violence in Video Games and its effect on Children Essay Example for Free

Violence in Video Games and its effect on Children Essay At the onset of technological innovations, various form of entertainment also evolved. One of the hottest forms of past times today is the video games. Before video games were only played over the television with the use of joystick, but today video games can be played through computers, PSP, among others. In addition, video game today is upgraded in a sense that the players can be online, meaning the enemy is the player on the other station or account. Significantly, most video games today involve violence. Through time, the nature of the video games has been associated with the violent behaviour of the children. Body According to psychological researches, children are likely to be aggressive after playing violent video games. The vulnerability of the children is one of essential factor which causes them to be influenced easily. The impact of playing video games interferes with the developmental stage of the child, as they try to internalise what they see and experience from video games to real life (Gummer, n. pag. ). In addition, the video games is said to be a good teacher in a way that it motivates, grabs attention, and make players capable of performing better (Vorderer and Bryant, p. 367). As a teacher, violent game is capable of teaching brutality and encouraging the children to adopt such strategies in their own lives (Bartol and Bartol, p. 389). Furthermore, violent videogames strongly manipulates the behaviour of the children on has been based on three reasons. Firstly, video games allow the player to actively interact with the enemy, which means the player himself is engaged in the fight. Secondly, video games reward only behaviour that is violent (American Psychological Association, n. pag. ). Lastly, children repeatedly behave violently as they play violent video games time after time. According to research, children are devoting an average time playing video games almost 13 hours per week for boys, while 5 hours for girls (American Psychological Association, n. pag. ). The research also showed that most of the children prefer violent games. In addition, surveys showed that 80% of games in the market are violent (Taylor, p. 10). The exposure of the children to violent video games likely results in the development of aggressive feeling, behaviours, and feelings (American Psychological Association, n. pag. ). Furthermore, exposure to such form of entertainment deteriorates the emotional ability of the child to show carefulness and concern. In dealing with the problem, parents and the community plays vital role. The parents need to know the kinds of games that their children are playing. The time spent in playing video games shall also be monitored and be lessened, instead the children should be encouraged to allot more time in their studies. Furthermore, the parents should not insist video games by limiting their children’s access to violent video games. Conclusion When video game was introduced in the market, its negative effect on children has been a subject for debate. Today, the debate has not yet ended. Instead, video games become more popular among children. It is even being upgraded to entice more consumers. It has also been developed to actively engage the player. Nevertheless, despite denial, violent video games are proven to have a negative influence in the behaviour of the child. This is because they tend to internalize and overtly apply their experiences in real life. Works cited Bartol, Curt, R. , and Bartol, Anne, M. Introduction to Forensic Psychology: Research and Application. London: Sage Publications, 2004. Gummer, Amanda. â€Å"Violence in video games and its effect on children. † The Market for Computer and Video Games. 19 August 2008 http://www. mcvuk. com/opinion/93/Violence-in-video-games-and-its-effect-on-children â€Å"Violent Video Games Psychologists Help Protect Children from Harmful Effects. † American Psychological Association. 19 August 2008 http://www. psychologymatters. org/videogames. html. . Vorderer, Peter, and Bryant, Jennings. Playing Video Games: Motives, Responses, and Consequences. Routledge, 2006. Taylor, Jim. Your Children Are Under Attack: How Popular Culture is Destroying Your Kids Values, and How You Can Protect Them. Sourcebooks, Inc. , 2005.

Is Modern Britain An Unequal Society?

Is Modern Britain An Unequal Society? Britain is often described as an unequal society however the accuracy of this statement is regularly debated because; the term inequality is very vague as individuals often have opposing views when searching for the meaning. Due to the ambiguity of the word unequal I am going to be approaching the question is contemporary Britain an unequal society from a sociological perspective in order to best describe and explain social inequalities in Britain. The term social inequality from a sociological point of view means a lack of fairness between different groups of people living in society. Through this definition we are able to identify three main categories, in which social inequalities are divided, this occurs through gender, class and race which will be highlighted throughout my essay. The main focus of my essay would be based on the Marxist and Feminist views as they set the foundations to best describe and explain social inequalities. However, there are other sociologists whom also study this topic; therefore I will be examining their views very briefly. Another form of social inequality that occurs in Britain is class inequalities; it is difficult to define this because in contemporary society class is fragmented. However, in order to fully understand class inequalities the concept must be operationalised. There are various sociologists such as Carl Marx who define class inequalities as a group of people who stand in a common relationship to the means of production. Although class is often perceived as a dynamic, fluid, always changing, in Britain there is still a clear class structure in which class is divided. This class structure is often compared to a pyramid which consists of three levels; these are the upper class, middle class and working class, this arrangement is known as social stratification, whereby each level of the formation has distinguishing features in terms of skills, status and income. The upper class consist of a small proportion of members of Britains population; these groups of people tend to have ascribed stat us such as the royal family. However members of the upper class with achieved social status are professionals with high status jobs such as property owners and employers. The middle class are employed in profession, managerial and administrative jobs for example lawyers, these groups of people are often described to have an intermediate class situation. The working class consists of the highest proportions of people in Britains population, the working class members are found at the bottom of the hierarchy, they have the low status jobs which include a complex division of labour. People from the working class groups tend to consist of unskilled workers who participate in manual labour. Although there are the three main layers in Britains class structure is divided the idea of the underclass also needed to be highlighted. This concept is developed by Charles Murray and is often used to describe a segment of the population located at the very bottom of the class structure in which they are marginalised from the rest society. Members of the underclass have very low living standard, they are thought to be relatively deprived therefore explaining why they have the highest rates of infant mortality. The majority of members in the underclass are unemployed and relay on the welfare state, as a result of this dependency the idea of the nanny state was developed. In correspondence to the idea of the nanny state these recent trends show that the top 10% earners get 27.3% of all earning whilst bottom 10% get 2.6%. This trend highlights that there is an unequal distribution of wealth as income is an important mechanism which measures a persons wealth, this therefore shows that social inequalities takes place in contemporary Britain. Marxist sociologist uses these figures to then develop their idea further. They argue that Britain is a capitalist society, whereby the bourgeoisies exploit the working class in order to benefit themselves. The process of industrialisation cause d capitalism to develop further because Britain has moved from a manual intensive form labour to a more capital intensive labour as a result of this development British is often refer to this as industrial capitalism. There is also a clear relationship between class inequalities and education. For example the educational system in Britain has been changed on several occasions in order to prevent inequalities between different social groups i.e. the increase in government expenditure in education allows people from deprived backgrounds to complete higher education for free therefore creating more employment opportunities for them. However, despite these changes class inequalities still exists in the educational system, for example the curriculum is said to have hidden engenders in which favours the ruling class. The reason for this is because the curriculum is made by the upper class therefore favouring upper class pupils for example English exams requires pupils using the elaborated code which is a form of speech which the upper class use therefore giving them a competitive advantage as the working class use the restricted code, this view is also reinforce by sociologist Bernstein. Another common feature of the working class background is material deprivation; as a result of this they are at a drawback in comparison to upper class pupils as they are unable to purchase resources such as extra text books to further increase their knowledge. There are also other areas such as housing and health that put the ruling class at an academic advantage. Another area in which social inequalities arises is through racial segregation. Race was traditionally referred to as fixed biological differences; however over the years this definition has been criticised. As a result of this contemporary sociologist defined race as a social construct based on the observed physical and cultural characteristics of an individual. Race is a term closely linked to ethnicity as ethnic groups are defined by their sense of sharing distinct culture. Ethnic minorities are also said to experiences inequalities, however due to the difficulty in separating the two terms I will be explain how racial and ethnic inequalities should be best described ant see if it still exists in contemporary Britain. There is a general idea that there is a racial division between black and white in Britain, it is argued that ethnic minorities have a minority status in society and are often perceived as second class citizens. However, in certain areas of Britain this type of socia l inequalities has been prevented because of legislations such as equal opportunities acts which protect ethnic minorities from being discriminated against giving them the same opportunities as the dominating groups. Despite the implementation of this legislation, covert racism still takes place. The concept that corresponds with this is institutional racism, where racionalised ethnic groups are systematically disadvantaged, it was recently highlighted in the media (BBC news) that institutional racism still occurs in contemporary Britain within the police workforce, the Macpherson report on the Stephan Lawrence case also show institutional racism taking place. The amount of ethnic minorities that have an established status in the political party is disproportionately imbalanced in comparison to the majority therefore suggesting that overt race/ethnic inequalities occur in British society. Although social inequalities still exist in contemporary Britain other parts of the world such as America are slowly developing, this was shown when the current president Barack Obama was elected. In Britain there is a negative racial stigma attached to African Caribbean families, one of the main reasons is because they have the highest proportion of single parent families. New right sociologist Charles Murray holds a strong view which states that single parent families are the main causes of deviant behaviour and the breakdown of society. On the other hand some sociologist argue due to the rapid technological growth in Britain the media has exaurate crimes that take place within the African- Caribbean community therefore leading to deviancy amplification as a result of this therefore policing within those area have been on the increase meaning they are more prone to getting caught for their crimes in comparison other ethnic groups. It is evidently clear that social inequality still exists in contemporary Britain; however different sociological perspectives explain social inequalities many ways and opposing views on its impact on society. For example functionalist have a positive view on social inequalities, they see it as an enviable part of society, this is because there are different social positions in society which require particular skills therefore, through theses inequalities the correct role allocation are set therefore benefiting society in the long run. Whereas, both Marxist and feminist theories have a more negative approach on social inequities and the effect it has on society. They believe that it has lead to an increase in exploitation of members in society therefore leading to social breakdowns. On the other hand post- modernist take a very different approach as they have a more contemporary view as they believe that the British society is changing as a result of this it is incorrect to say that social inequalities means one thing or social inequalities still exists because it is a complex phenomenon. Therefore in order to fully understand social inequalities we must take the three categories in which social inequalities has been divided into and identify the correlations which they have with one another because social inequalities means different to different people.

How to use order of operations :: essays research papers

How to use order of operations. What does any kind of order have to do with math? It’s just left to right isn’t it? Wrong, the order of operations is a specific method to figuring out the correct answer to certain problems. For those of you who do not realize what I am yammering on about, this procedure piece is about the order of operations.   Ã‚  Ã‚  Ã‚  Ã‚  The order of operations is a method used to ensure that a group of people gets the correct answer without dispute, the order of operations is extremely useful. Without knowing the order of operations tell me, does this problem look sensible? 67-9(6-1)+48/ ((9x (5+2)-7’ Didn’t think so. The order of operations works like this: First anything in the parentheses, then we do the exponents/roots, then any multiplication and division- which is done in that order, then we do Addition and Subtraction- in that order as well. To explain this, we will solve the problem above: Step 1. The first thing you do in the order of operations is to do anything listed in parentheses, but you must also keep in mind everything else. So the first set we do is (5+2), even though it is the last set, addition comes first on the order of operation list. So, (5+2)= 7 right? Right, keep that in mind. Now we do the first set of parentheses, which is (6-1) which is 5. So replace both of those sets with (5) and (7) in that order. Step 2. The next step is to get rid of those nasty square roots and exponents. So, first we do the square root of 9, which is 3. Then we perform the sacred exponent figuring. So 7 squared (7’) is 49. So by now the expression should look like this: 67-9 (5) +48/ 3x (7)-49. Step 3. Now we multiply and divide all the stuff together so first we do 48/3, which is 16. Then we multiply what is needed, in this case it is 3x7, which is 21. Are you following me so far? Excellent if not then read it over.

Properties of Gases Essay

Introduction Background This report covers Properties of Gases and will allow me the opportunity to explore chemical and physical properties of gases. Collection and use of these gases will also be conducted in this lab. Statement of Problem Collecting gases is a difficult process. Singling out a gas and obtaining only that gas is the challenge we face in this experiment. Purpose of Experiment The purpose of this experiment is use water, chemicals and metals along with collection tubes to extract a single gas and to store it. Then to use only that gas and see how it responds to other testing. Hypothesis If the gases are correctly singled out and collected properly. We should be able to observe changes when the gases are introduced to heat or fire. Experiment Test tubes will be used to single out gases from two forms of metals along with an acid and hydrogen peroxide. Baking soda, vinegar, alka seltzer, bromthymol blue and limewater will also be used to observe the properties of gases. Data Charts Page 2 LabPaq – Properties of gases General Chemistry Analysis Error and Trends When attempting to mix the Hydrogen and Oxygen together. I may have lost a small amount of hydrogen as I lifted the bulb filled with 2/3 hydrogen from the 24-well plate. I did not receive a reaction when I squeezed the bulb of hydrogen oxygen onto the flame. Hypothesis Conclusion It was challenging using my thumb to try and hold the gases in their pipet bulbs. I repeated a few of the experiments to make sure I received the same results and feel fairly confident that I obtained the results that were expected. Practical Applications Parts of this experiment used household items to collect data from. Learning the gas properties these household items contain is invaluable. Page 3