To what extent is it fair to characterise delegated legislation as a Essay

To what extent is it fair to characterise delegated legislation as a practical necessity that undermines important constitutional principles - Essay Example This paper first gives a quick rundown on the constitution of the United Kingdom and the place of delegated legislation in it vis-à  -vis the concepts of separation of powers and parliamentary sovereignty. Only then will it start exploring delegated legislation beginning with its definition, its rationale, its types and controls, when it is considered invalid, and finally its advantages. Next would be the problems associated with delegated legislation, particularly its relevance to Montesquieu’s theory; and its disadvantages as legislation. Another section on its being a practical necessity would follow, and then a conclusion. Towards the end, the paper will make a stand and show that while delegated legislation may be a practical necessity that may undermine important constitutional principles, the extent will only be when proper checks and balances are provided. The constitution of the United Kingdom is an amalgam of statute law, precedent, and tradition dating as far back to the time of King Henry I in the 1100s.1 Uncodified, UK’s constitution is said to have been historically guided by certain conventions like a system of checks and balances which protect citizens against the abuse of executive power, respect for the liberties of the individual, and trust in the political process.2 Over the years, constitutional conventions have been considered more important than written constitutional provisions in interpreting one’s task with the uncodified constitution 3 The informal nature of the UK constitution may be said to inherently welcome the lack of constitutionalism concept. The executive is drawn from the legislature, Parliament, since the UK has a Parliamentary system of government.4 Because the government is â€Å"fused" with Parliament, governments have no formal control on their legislative power. In 1976, in fact, the phrase

The Impact of the War on Drugs on Puerto Ricans Essay

The Impact of the War on Drugs on Puerto Ricans - Essay Example The majority of Puerto Rican immigrants live in New York City, a circumstance that can be traced to post-World War II economic development programs, which ensured Puerto Rico's economic and political dependence on the U.S. It has and continues to have a colonial status with the United States. Crime in the Latino community, and specifically in Puerto Rico, has created a legacy of poverty, unemployment, and lack of education for the population, accelerated by drug prohibition. In 1994, the murder rate in Puerto Rico was the highest in the western hemisphere, with 73 percent classified by the police as "drug related." The article states the tendency among Latinos to follow overall trends throughout the U.S. with alcohol and cigarettes consumed far more than all illegal drugs combined. Nevertheless, the treatment of Latinos is unequal with a greater number of arrests in Latino neighborhoods. The high number of young people incarcerated has a negative effect on the lives of families and neighborhoods. In addition, the war on drugs focuses on Latino gangs in New York City and Puerto Rico, with the Kings and Queens and the Netas of particular interest to law enforcement. The article further states that the war on drugs has acted as a catalyst to the AIDS epidemic. AIDS is the leading cause of death among young adult Latinos in the United States and more than half are injection-related. In addition, people who live both on the island of Puerto Rico and in the United States have a much higher incidence of injection-related AIDS than do other Latino groups living in the United States.The relationship of the United States to Latin America and the Caribbean has been characterized as neocolonialism and is often considered a humanitarian gesture. However, rather than help them gain self-sufficiency, it becomes a means by which the United States government has exerted economic and political control. This is a long-term situation. By the 1960s, a period of great experimentation with drugs, the war on drugs shifted from federal to state and local bodies. However, when the Knapp Commission of 1968 convened and police corruption made headlines across the nation, the police took a hands-off policy and looked to the cartel lords. This policy allowed drug distribution organizations to build empires in neighborhoods no longer the focus of police. In Puerto Rico, the war on drugs followed in U.S. footsteps due to its continuing colonial status. Summary Barrios and Curtis (1998) make it very clear that only with legalization of all personality-enhancing drugs, along with alcohol and cigarettes, can a solution to the drug problem be found. By focusing on Puerto Rican immigrants in the United States, specifically in New York City, as well as those on the island of Puerto Rico, and continuing with a case study of a specific family, showing the way in which desperate needs bring about desperate means, these two authors show how the present system of laws against drugs accelerate rather than resolve the problem. In describing the Santuree family, the authors offered a microcosm of the drug problem within the experiences of one dysfunctional family, which shows clearly how the problems were escalated by poverty, unemployment, lack of medical care, lack of suitable housing, and ultimately following the apparent economic promise of drug dealing and the resulting

Destry Rides Again, Mr Smith Goes to Washington, and the Fall of the Ho

Destry Rides Again, Mr Smith Goes to Washington, and the Fall of the Hollywood Studio System Thomas Schatz cites the 1950’s as the inevitable end of the Hollywood film studio system, with the signs appearing as early as the height of the second World War (472). However, the seeds of discontent and disintegration within the system were apparent as soon as the late 1930’s, exemplified in such films as Destry Rides Again (1939, George Marshall) and Mr. Smith Goes To Washington (1939, Frank Capra). The production of these two films and the paths down which they led their star (James Stewart), directors (at least Frank Capra), and studios (Universal and Columbia, respectively) are evidence of the decline of the studio system. The haphazard production of Destry Rides Again and its subsequent success (financially, but not as an enduring classic film) are indicative of a system eating itself alive: so intent on the production of film after film made with almost the same crews and casts that lasting meaning had been all but completely forgotten in favor of financial suc cess and power within the system. This also demonstrates the decline of the fascist executive order of the studios in favor of the hard work and devotion of those directly involved on the film set as well as the increasingly important role of the talent agent as the intermediary between the talent and the studios. Frank Capra’s eventually freelance auteurship, in the wake of David O. Selznick and his â€Å"independent† film productions, particularly evident in the production of Mr. Smith Goes To Washington, was a notable indicator of the studios’ impending loss of power (Schatz 407). These and other independent and freelance artists (such as Alfred Hitchcock and Fritz Lang)... ...gton, 11 October 1939†. Variety: A Sixteen Volume Set. New York and London: Garland Publishing, Inc. 1983 Nachbar, Jack (ed). Focus on the Western. Englewood Cliffs, New Jersey: Prentice-Hall, Inc. 1974: 132 Newman, Kim. Wild West Movies or How the West was Found, Won, Lost, Lied About, Filmed and Forgotten. London: Bloomsbury. 1990: 135 Nugent, Frank S. â€Å"Destry Rides Again, 2 December 1939†. The New York Times Film Reviews. New York: The New York Times and Arno Press. 1970 Nugent, Frank S. â€Å"Mr. Smith Goes To Washington, 20 October 1939†. The New York Times Film Reviews. New York: The New York Times and Arno Press. 1970 Schatz, Thomas. The Genius of the System. New York: Metropolitan Books. 1988: 235-251 Wright, William. Six Guns and Society: A Structural Study of the Western. Berkeley, Los Angeles, London: University of California Press. 1975: 48

Frederick Jackson Turner’s `Frontier Essay

The â€Å"Frontier† is a Turner wrote is â€Å"the outer wave of expansion, the meeting point between savagery and civilization.† When people left settled territory, when people went into often unexplored areas, the weight of society bore less heavily upon them. They went into areas where they had no settled established governments, no institutions like churches, courts of law, and the like. People, in a sense, left civilization behind. They had to find new ways of adjusting, new ways of peaceful coexistence at this â€Å"meeting point between savage and civilization.† This is the historical thinking popularized by Frederick Jackson Turner which laid the foundation of modern American study of American West. According to him, â€Å"The existence of an area of free land, its continuous recession, and the advance of American settlement westward explain American development.† He thought largely that the frontier experience had a lasting and permanent impact on American character and society. When American pioneers escaped and left behind the settled institutions of society, a plunging into the forests, or later into the grasslands of the Great Plains, Turner thought this promoted productive individualism. When people entered areas without established social structures, each person was pretty much on a basis of equality with each other person. On this kind of set up people learn to develop civil and democratic ways of social cooperation. They have to learn how to peacefully co-exist amongst each other. This made Turner generalize that democracy sprang from this – free land, and of free, self-reliant individuals moving out on to lands unknown learning the tricks and trade of how to get along with one another. So is this what Turner really meant by the word â€Å"frontier†? If you just take a first glance, he seemed to be spousing a kind of geographical determinism, an idea or a notion that â€Å"free land bred free individuals†; that the geography itself and the way in which people reacted to that geography produced democratic equality and a democratic form of government. Settlers in a new geographical terrain learned to innovate and find ways. Where there were not adequate lakes or rivers, they dug wells. Where the grass land plains did not allow for settled farming, they invented barbed wire to hedge in cattle, to hedge in sheep. These and other various learning experiences seem to be the result of human beings acting as innovators in response to geography. The land itself, Turner seemed to say, made human beings more self-reliant. And self-reliance is at the core of the American democratic experience, or so we have long told ourselves. But as I see it, geography might have something to do with it but not solely. The development of democracy and civilization is a far more a complicated process. I would say much of it would be social development itself. Turner might be right in identifying a certain event in history at a specific location crucial social development occurred which propels modern civilization to where it is now but what I am saying is that it can happen anywhere in the world and not just in a certain specified area. References Schultz, Stanley K. and Tishler, William P., â€Å"American History 102 (Civil War to Present)†. Copyright 2004 University of Wisconsin System Board of Regents pg 4. Retrieved February 3, 2007

Analysis Of The Poem For Whom The Bellstone - 764 Words

The ideas presented in John Donne’s poem For Whom the Bell Tolls, heavily contrast the ideas presented in Paul Simon’s song, I Am a Rock. John Donne demonstrates that we are all apart of humanity and mankind and how all humans have a connection with one another. Paul Simon contrasts this overall idea by demonstrating that people are sick of society and want to be isolated from humanity. The information presented by John Donne and Paul Simon are unique, but have very contrasting ideas as they pertain to humanity. One clear contrast between the pieces of literature, are two specific lines. In Donne’s poem, he states â€Å"No man is an island,† while Simon states in his song that â€Å"I am an island.† The island represents the isolation from†¦show more content†¦Simon uses several phrases to demonstrate the protection built to separate oneself from humanity. For example, â€Å"I’ve built walls, a fortress deep and mighty that none my peneratre.† A person can choose to build a fortress where they can be safe from attack, safe from pain, and hence never need to shed any tears. The room that is cozy as a womb becomes a tomb. The heart, given enough time, will become hard and incapable of any feeling. Simon uses an individual who is hurt, to showcase the retreat to safety. This is okay for a certain extent of time, but sadly, some stay inside. They hide in their fortress, like a turtle drawn into its armored shell. John Donne contrasts this idea using t he line â€Å"A part of the main,† and implies everyone is together and how living in solitude is not living, but only existing. John Donne’s poem demonstrates we all have a role within the world, and our contributions are never ignored, hence the last line, â€Å"It tolls for thee,† referencing funeral bells. The last line implies that the bell rings for you, the reader, and how you are acknowledged as a human being and as a member of society. Paul Simon’s song contrasts this idea with the last four lines of the song, â€Å"I am a rock, I am an island, and a rock feels no pain, and an island never cries.† The song is a declaration of an individual who was not a rock, but needed people, and had been

The Investment Detective - 876 Words

CASE STUDY The Investment Detective The essence of capital budgeting and resource allocation is a search for good investments in which to place the firm’s capital. The process can be simple when viewed in purely mechanical terms, but a number of subtle issues can obscure the best investment choices. The capital budgeting analyst is necessarily, therefore, a detective who must winnow good evidence from bad. Much of the challenges is knowing what quantitative analysis to generate in the first place. Supposed you are a new capital budgeting analyst for a company considering investments in the eight projects listed in Exhibit 1. The chief financial officer of your company has asked you to rank the projects and recommend the â€Å"four†¦show more content†¦Project 2 and 6 are similar to an actual venture capital project where bulk of the cash inflow occurs at the end while some of the inflow is at the beginning. Project 3 is similar to a zero coupon bond where you purchase the bond at a specific price and you receive an big cash outflow at the end of the maturity period. Project 4,7 and 8 are like an investment in a machinery, which generates positive cash for you for a certain period of time. After a while, you can sell that off and receive some more cash. You might have some additional cash outflows initially to get the machinery going (training etc.). Project 5 is similar to an annuity. Part II The company has the following capital structure: |Account |$ |Costs before tax | |Long-term Debt |2,000,000 |10% | |Preferred Stock |500,000 |14% | |Common Stock |2,500,000 |16% | 1. Calculate the weighted average cost ofShow MoreRelatedInvestment Detective868 Words   |  4 PagesCase 17 – The Investment Detective The case of the Investment Detective laid out the cash flows for us in each of eight different projects. Before doing any calculations we came up with the assumption that we could not rank the projects simply by inspecting the cash flows. Without the ability to rank the projects based off of cash flows solely, we had to use some analytical criteria as a capital budgeting analyst to provide some thorough support and reasoning for how we ranked the four bestRead MoreInvestment detective782 Words   |  4 Pagesï » ¿The Investment Detective Case We can use normal investment to calculate the data, but we also can do it as reinvestment to invest every project for the same years. For every question, I will give answers for both normal investment and reinvestment. 1. We can rank the projects simply by the cash flow data. Normal investment: Rank 1 2 3 4 5 6 7 8 Project number 3 8 6 1 5 7 4 2 Cash flow 8000 2150 200 1310 2200 560 1561 165 Reinvestment: Rank 1 2 3 4 5 6 7 8 Read MoreThe Investment Detective2301 Words   |  10 PagesProject Free Cash Flows (dollars in thousands) Project number: 1 2 3 4 5 6 7 8 Initial investment (2,000) (2,000) (2,000) (2,000) (2,000) (2,000) (2,000) (2,000) Year 1 $ 330 $ 1,666 $ 160 $ 280 $ 2,200 $ 1,200 $ (350) 2 330 334 200 280 900 (60) 3 330 165 350 280 300 60 4 330Read MoreThe Investment Detective2313 Words   |  10 PagesProject Free Cash Flows (dollars in thousands) Project number: 1 2 3 4 5 6 7 8 Initial investment (2,000) (2,000) (2,000) (2,000) (2,000) (2,000) (2,000) (2,000) Year 1 $ 330 $ 1,666 $ 160 $ 280 $ 2,200 $ 1,200 $ (350) 2 330 334 200 280 900 (60) 3 330 165 350 280 300 60 4 Read MoreThe Investment Detective Essay655 Words   |  3 PagesCase Study: The Investment Detective Primary consideration is the capital availability. If the firm has unlimited access to capital and no other investment options, Net Present Value would become recommended quantitative method. On the other hand, if the time horizon and payback period matter, the company should use Internal Rate of Return Calculation. 1. Looking at the cash flows doesn’t really say much. The assumption is that the firm is in the business to make profit. Profit is equal returnRead MoreCase Write Up The Investment Detective 11373 Words   |  6 Pagesï » ¿Case Write-Up: The Investment Detective Case Summary The purpose of this case is to become a capital budgeting analyst and evaluate which set of free cash flows for 8 projects will result in the most effective investment for a firm’s capital. The objective given is to rank the four best that the company should accept. The case is broken down into three separate steps including the given information about estimated cash flows (inflows outflows), determining the appropriate discount rate, and evaluatingRead MoreCyber Threat Intelligence Based On Cyber Threats1612 Words   |  7 PagesOfficers must obtain a consensus for which mitigating controls are key, which can be a trying negotiation between the CISO, Chief Technology Officer, Cyber Threat Intelligence (CTI), Infrastructure Engineering, Audit and Assurance teams, and the Investment and Audit committees. How do you harness your entire organization to focus on a common agreed-upon list of key security controls? By defining key controls based on cyber threats (translated into business risks), an organization can more easilyRead MoreWhy Security Controls Is Important Than Which Controls You Put On A Compliance Checklist1624 Words   |  7 Pagesin place, implement them (this drives security investments). The resulting risk reduction will vary based how many – and what type of - controls are in place. Truly layered controls are more effective than side-by-side controls. For example, role-based access control (RBAC) and periodic user access reviews are layered controls – RBAC for access provisioning is a preventative control, and quarterly user access reviews is a complementary detective control. For each risk statement, calculate ResidualRead MoreSherlock Holmes: A Timeless Victorian Creation Essay1297 Words   |  6 Pagescharacter keep the mastermind relevant. While the modernization of Sherlock creates a personal connection between the reader and Sherlock in â€Å"A Scandal in Belgravia,† the BBC adaptation dilutes Sherlock’s character from a distinguished genius to a mere detective. In the story â€Å"A Scandal in Bohemia,† we get a glimpse of Holmes’s character, a natural mastermind, through John Watsons narration. As with any narrated scene, our perception of Holmes develops through the opinion of another. However, Watson,Read MoreSjaq1310 Words   |  6 PagesPerformance absenteeism lateness, safety personnel cost which provide .managers with valuable information about personnel. Financial Controls: Financial controls focus on income, expenditures, cash flow, asset mix, and acquisition of funds and investment of funds. Informational control: This control helps managers and others get the information they need to make lamely and intelligent decisions. It focuses on collection processing, storage, security and dissemination of data at the right time

Violence on Film Essay - 2304 Words

The Western stands as one of the great genres of Hollywood cinema, as it possesses the ability to transcend both time and subject matter. Accordingly, the types of themes which this genres addresses, such as romanticism, and American heroism, can still be seen as viable commodities within modern-day storytelling. However, while The Western has focused on various topics throughout its cinematic history, what ultimately serves as the primary critique of the genre, is the exploration of role of violence and aggression within society (Lusted 16). Furthermore, at the source of this examination is the â€Å"Gunfighter† Western, which centers the focus of the genre to a more individualized and intimate perspective. Accordingly, films such as Henry†¦show more content†¦Instead, the films focus on a singular character, whose willingness to proceed with supposed social morality, is stifled by his inability to evade his past aggressions, playing more on internal struggle. Accor dingly, the gunfighter as character, is both hero and foe; to himself and to society. In this way, the jekyll-Hyde characterization of the protagonists (Parks 51) almost acts in the same way as the dynamic in The Searchers, with the singular character coming to play the part of both threat, and hero, thus unifying the sub-genre within the greater Western style. Fittingly, one of the first films to issue in this sub-genre of the Western, is Henry King’s The Gunfighter (Lusted 210). This film stars popular actor Gregory Peck, who had previously stared in a variety of westerns including, Duel In the Sun,(1946) in which he played a romantic role, and Yellow Sun, (1948) in which he played a small time crook, who falls in love with the granddaughter of the man hes trying to steal from (IMDB). However, although the hollywood star system during this period, was defined by the fact that stars were to beâ€Å"accepted by the public in term of a certain set of personality traits, which permeate all of his or her film roles,† (Harris 125) Pecks role within this film, goes beyond what audiences were presumably expectingShow MoreRelatedViolence In Films Essay720 Words   |  3 PagesViolence In Films In this essay I am going to compare 3 scenes of violence from 3 different genres and analyse their certifications and effects on young people and whether children are finding ways of viewing secretly, or are being allowed to see, too much violence in films, T.V or through any other median. There has always been violence in films, and there has always been public debate along with it, but as the violence becomes more shocking and more accessibleRead More Is Violence in Films Responsible For Childrens Agressive Behavior?1021 Words   |  5 PagesIs Violence in Films Responsible For Childrens Agressive Behavior? Violence on screen is often offered to the young population, which responds to it in so different ways. Childrens psychological development is based on social experiences and imitations. Children are influenced either by their families (direct source of influence) or by their surroundings (indirect source of influence). The question I will be exploring is the responsibility of the violence in films in children’s aggressiveRead MoreRaiders of the Lost Ark and Film Violence Essay747 Words   |  3 Pagesbuttons† of violence – â€Å"creative elements that filmmakers use to manipulate viewers’ reactions to onscreen violence.† (99) These elements, posited by researchers conducting The National Television Violence Study (Valenti, 99) are â€Å"choice of perpetrator, choice of victim, presence of consequences, rewards and punishments, the reason for the violence, weapons, realism, use of humor, and prolonged exposure† (Valenti, 100) . Raiders of the Lost Ark is a violent, yet well loved film which wouldRead More Pointless Violence in the Movie (Film), Natural Born Killers566 Words   |  3 PagesPointless Violence in the Movie (Film), Natural Born Killers Daily, the public is bombarded with violence, not only on television, but also in other media, such as newspapers and tabloids. Natural Born Killers, a prime example of violence in the media, is a movie about two lovers, Mickey and Mallory Knox, who go on a killing spree across the Southwest. The movie takes a satirical look at how the media romanticizes violent crimes. Natural Born Killers has sparked a lot of controversy, as seenRead MoreAmerican Violence – a Critical Film Analysis of No Country for Old Men1940 Words   |  8 PagesRosalind Harrell Film 1010 Final Paper American Violence – A Critical Film Analysis of No Country For Old Men A violent contract killer, a blue-collar welder, and a weary sheriff are all players in the ensemble No Country for Old Men. The Coen Brothers adaptation of the novel written by Cormac McCarthy is a multi-genre, visual buffet about a man’s strength of will and dedication. It’s about death, fate and American violence. It is set in 1980 and centers around the chaos of questionableRead More Comparing Burgess and Drapers Theory of Family Violence and the Film, The Burning Bed2097 Words   |  9 PagesComparing Burgess and Drapers Theory of Family Violence and the Film, The Burning Bed    I.   Introduction   Ã‚  Ã‚  Ã‚   Burgess and Draper argue coercive patterns of family interaction represent the principal causal pathway that connects ecological instability to violence within families.   They maintain this raises the possibility that some of the common correlates of such violence are themselves reactions to sudden or chronic ecological instability.   For example, alcoholism, depression, and anxietyRead MoreFilm Review: Shane995 Words   |  4 PagesGeorge Stevens 1953 film Shane is notable for a number of reasons, from its grand cinematography to its ambiguous ending, but perhaps the most striking thing about the film is its treatment of violence. In particular, the film uses the story of the mysterious gunfighter Shane to chart the gradual irrelevance of this kind of violence in the aftermath of the Civil War, and in some ways one can imagine that the film itself is attempting to recover from the violence of World War II. By examining someRead MoreRole of Violence in the Hist ory of Cinema987 Words   |  4 PagesViolence plays a major role in the history of cinema. Both Alfred Hitchcock and Quentin Tarantino have produced a litany of films that have imagery or plots that include violent acts. However, their different directorial visions and styles make it so that Hitchcock and Tarantino films are nothing alike. This is because Hitchcocks objective was to make the audience feel afraid, tense, and anxious for the protagonist, whereas Tarantinos objective is to illustrate the absurdity of violence by elevatingRead MoreMovie Analysis : Gun Violence1287 Words   |  6 Pageswith numerous different acts of violence. Of the eight types of violence counted in the film, gun violence was the most prominent type of violence with eighty-six acts of gun violence throughout the film. Any time a weapon was drawn or shots were fired it was counted as gun violence. The next most common type of violence in the film was physical violence, with seventy-six incidents, whi ch involved any hitting, kicking or pushing. There were nineteen acts of violence with a weapon other than a gunRead MoreVideo Industry And Its Impact On Children1173 Words   |  5 PagesWhile we are enthusiasts of entertainment and thrilling action, we are parental figures to the next generation of children on their way. Violence presented in media potentially affects children through vivid depictions of gore and tragedy, blurring the line between reality and fictionalized drama. The film industry and its’ supporters thrive off of these displays, drawing in crowds of spectators which provide the industry with an extraordinary amount of profit. Although many of these parents are