Contents
Introduction 2
Critique & Analysis 2
Conclusions 2
Recommendations 2
References & Appendices 2
Works Cited 2
Bibliography 2
Appendices 2
Introduction
The law is put into place as a formal means of societal control, however it is not static and is constantly changing in regards to the social condition of current times. The universal declaration of human rights is an international document that states basic rights and fundamental freedoms to which all human beings are entitled (Commission, n.d.). As it is not a treaty, the declaration of human rights is not legally binding but rather used as an outline for UN nations to create just laws. Australia was one of the original nations working on the declaration in 1945 and has continued supporting the declaration to this date. The Dangerous Prisoners (Sexual Offenders) Act of 2003 was passed as a means to increase the security of the community. Whilst the legislation does indeed increase the security of the community, it does so by unjustly violating the human rights of the offender. Recommendations can be made to protect the community whilst keeping a fair balance between the two stakeholders (the offender and the community).
Critique & Analysis
As defined by the QLD Criminal Code Act 1899, section 352, sexual assault is when a person forces another into a sexual act without their consent. As previously stated, the Dangerous Prisoners (Sexual Offenders) Act 2003 was passed by the Queensland government as an attempt
The Declaration of the Rights of Man and Citizen was the product of an oppressed people who were tired of living under a government in which they had no voice. During the Ancién Regime in France, there social classes, called estates, greatly divided the people on the basis of power and wealth. The first estate being the clergy, the second nobility, and the third estate being everyone else in the country of France (“The French Revolution” 23:20). The first two estates made up 3% of the population, while the third estate made up 97%, yet the first two estates held all the power. The French government at the time was an absolute monarchy, meaning the king derived his power from god and could exercise it without other constituted bodies having a right to challenge him (Introduction: Louis XIV and French Absolutism p.205). However, France was in such a state of crises in the late 18th century that Louis XVI called together the estates general, an assembly where all three estates were represented, for the first time in one hundred years (“The French Revolution” 23:00). Robes Pierre, a representative of the third estate, insisted that the nobles and clergy begin to pay taxes, but since the first and second estate held two thirds of the vote, he was quickly dismissed. After six weeks of meeting without achieving anything for the state, the third estate representatives become silenced by the first two estates. Enraged, they move next door to a tennis court and make “The Tennis Court
This essay will argue the reasons behind the notwithstanding clause remaining within the Canadian Charter of Rights and Freedoms. In this paper, I will provide reasons as to why the clause should be kept within the Charter beginning with the arguments that it is an essential element in critical policy decisions being made by politicians and it 's hard to remove which requires the amending formula to be used if changes are to be made. On the other side, its use in policy can create grave and problematic judicial activism in the eyes of those who oppose it. In the next few paragraphs, I will define my terms, introduce a brief history of the charter and the notwithstanding clause and describe the positions from both sides regarding its use,
Being born in the United States automatically grants you certain rights, such as freedom of speech, religion, and press, unlike being born in another country. Many presidents and people fought to have these basic rights granted to us. One may question why it is important to have freedom of speech and religion, well here is why.
The Charter of Rights and Freedoms is part of Canada’s written constitution called the Constitution Act in 1982 it was the second main aspect of the Act and it guaranteed fundamental, democratic, legal, egalitarian, and linguistic rights and freedoms against government intrusion, it imposed formal new limitations on the governments in interaction with its citizens. The charter has made society more equitable for visible minorities through its use of its Fundamental Rights and Freedoms and Section 15 which say that every individual is equal before and under the law and has the right to equal protection and benefit of law without discrimination, but does the Charter really represent Canada’s egalitarian society or are we just saying we care without actually taking action. In this paper it will be shown that the Charter of Rights and Freedoms has not made Canadian society more equitable and will discuss the right side and the left side of the debate, while agreeing with the left sided critiques. The right winged perspective on the Charter argues that the groups are not seeking equality, but, instead, are asking judges to grant them political advantages through favorable Charter decisions ( Smithey, S. I., 2001, p. 2) while the left winged perspective is the Charter not only does not go far enough, but actually retards egalitarian progress in Canada and that the Charter is essentially a classically liberal document designed to constrain state action rather than to require the
The phenomenon of entrenching the Charter of Rights and Freedoms is not new to Canadian citizens, but it is a notion that is perceived in several ways. Many view it as a feature that disregards the fundamental right to democracy, an integral part of Canada’s political system. A functioning democracy is an important factor in providing citizens with the utmost rights and freedoms deserved. Society’s full potential is not being achieved if there are individuals who believe their principle of democracy is being violated. This violation nonetheless, true or not, should not be ignored.
Prime Minister Pierre Trudeau was establishing the renowned Charter of Rights and Freedoms. Since the three decades of being established, the Charter of Rights and Freedoms has protected the individual rights and freedoms of thousands of Canadians. The Charter of Rights and Freedoms has become a part of the national identity and has become a big patriotic symbol for the country. The Charter of Rights and Freedoms is the document the truly separates Canada from all the other powerful nations and is really something that Canadian take a pride in. The Canadian Charter of Rights and Freedoms brings up many questions, but the biggest and most common question is how effectively does Canada’s Charter of Rights and Freedoms protect your individual rights? To exactly know how effectively it protects your rights you can look at situations where it has protected and has not protected the rights of Canadians. Within the Middle East, the largest population of the men and women are Muslim. The Muslim religion suggests that women wear a veil or hijab, which is a headscarf that only exposes a woman’s eyes, accompanied by a burqa, which is a full body cloak. The sole purpose of the clothing is to cover a woman’s feminine features from men’s eyes. The Quran, an Islamic scripture, supports and slightly obligates the uniform by saying that women are to be conservative, “let them wear their head covering over their bosoms, and not display their ornaments” (Quran). It could be inferred that women
“Life, Liberty, & Pursuit of happiness,” is one of the most important parts of the declaration. That means that citizens have the right to all those things. It is a natural right. The words of the Declaration of Independence mean the right freedom, justice, equality, security, protection, and fair government. I think the two most important words are Rights and equality.
Since the creation of Canada’s Charter of Rights and Freedoms, section 7 has had a brilliant and vital lifespan. Furthermore, cases such as Carter have shown the brilliance and significance of the section in preserving the rights of Canadians. In this essay, I will be discussing section 7 of the Charter, and constructing an argument as to why the section still has its flaws. Thus, although section 7 of the Charter has had an illustrious career, it is still prone to issues that are based upon it being limited to violations that are in accordance with “fundamental justice”. To accomplish the task at hand; I shall firstly, introduce section 7 and also introduce the broad legal and social issue at hand, while also presenting the cases that I will be exploring throughout the essay. Secondly, I shall analyze section 7 on the basis of the research completed by scholars, media reports, and other relevant research materials. Furthermore, I will demonstrate as to how this research has assisted in analyzing and contextualizing the cases I’ve identified. Lastly, I shall conclude by discussing further questions I would like to pursue in the future, and the direction I will take with this.
Even though the Declaration of Rights of Man and Citizen never received the chance to be implemented, it reflects the ___ of change that had occurred within the first five years of the French Revolution; through the ___ we are able to understand the mindset of the men from the National Convention ( 221). Cahier of the Parish of St. Germain d’Airan was written in accordance to the authority of King Louis XVI; members of the community gathered to create the doctrine and to show “reciprocal love” through contributions to the state ( 55). Members of the community felt like King Louis XVI was having the doctrine created out of the goodness of his heart solely.
France’s, The Declaration of the Rights of Man and Citizen, played an integral role in the development of democracy and the pursuit of liberty throughout Europe. This document was written and introduced by General Lafayette as a result of the French Revolution. The French Constituent Assembly passed it in August of 1789. Influenced by Thomas Jefferson, the American Declaration of Independence, the American Revolution, and the ideas of the Enlightenment philosophers, the document reiterates the values of the French Revolution. Declaring that the rights of man should be universal and remain valid no matter the time or place. The Declaration of the Rights of Man and Citizen was a very purposeful document expressing many of the ideas of the French Revolution and the Declaration of Independence.
The Declaration of the Rights of Man and Citizen, adopted in 1789 by the National Assembly, explicitly defines “the natural, unalienable, and sacred rights of man” (Declaration, p. 1). Two philosophers, Jeremy Bentham and Karl Marx, object the document, especially its usage of natural rights, by presenting different arguments against its language and function. Bentham centers his argument around the Declaration’s promotion of anti-legal rights and its vagueness in description in his essay “Anarchical Fallacies.” Marx criticizes the Declaration’s perpetuation of social alienation and for not pursuing human emancipation in “On the Jewish Question.” Of the two arguments, Marx presents a better and more convincing argument than Bentham. Marx advocates for complete human emancipation beyond political emancipation whereas Bentham does not go beyond the criticism of the legislators, of their use of language and design, as opposed to the law itself.
What is the Third Estate is not the only document that made common French folks confident about their future. In August 1789, the national assembly adopted declaration of the Rights of Man and of the Citizen, which brought the height of liberty and freedom to a higher level. This document was influenced by both Enlightenment and the U.S. Declaration of Independence. In the declaration, it said that “men are born and remain free and equal in rights.” Ever since that, liberty meant individual rights and responsibilities and, more specifically, freedom from arbitrary authority. (Cole, 449) Revolutionary leaders later adopted “liberty, equality, fraternity” as their motto. In addition, the declaration of the rights of man and the citizen encouraged
Rights are very important to our society. When rights are taken, people doubt themselves and don’t have a need to show their opinion. There's still a struggle with freedom today. The most common rights that are being taken are freedom of speech, , freedom to assemble, and freedom of religion and right of privacy. The government is taking our privacy This right is supposed to be essential. Some companies are using personal data. The declaration of rights is being violated and the government is letting it happen. They don’t seem to be doing anything about stopping it in North Carolina and with my movement hopefully, this will stop.
The French Revolution, a time span of widespread social and political disturbance that lasted about ten years from 1789 until 1799. During the period of the French Revolution, rights, privilege, and freedom were topics to be spoken about. Rights was a topic that created such big controversy because not all the laws that were put into work made sense and not all applied as they said they would. Things like the Declaration of The Rights of Man were released to that have many laws referring to the freedom of man. Even with these laws being passed people still were not content because many people were not incorporated. Citizens were said to be free of expression in all ways possible, but only those who were considered to be citizens, and as said before not all were included. Many who did not hold active power and contribution were also to be excluded from these benefits that were provided with The Declaration of The Rights of Man. Along with that there were also some religious differences within beliefs of others. Rights took a bewildering role during the French Revolution because when it came to the matter of freedom, the rights that were given at the time would contradict their statements with many minority groups.
In a time of courage, chaos, and war, the people of France struggled to establish what it is they wanted as a people and a nation. The people of France created four different versions of a Constitution, stating the rights of man as well as the duty of government. The four different Constitutions written during the French Revolution seem to be similar although, the emphasis on different declarations expresses the highest concerns of the time.