European Convention on Human Rights

European Convention on Human Rights The European Convention on Human Rights and the supreme court in matters relating to its jurisdiction, the European Court of Human Rights, are no longer a matter of external control, following their incorporation into domestic law via the Human Rights Act 1998.   The European Convention on Human Rights provides that the judgement of ECHR shall be final and that parties to it will abide by the Court’s decisions.   The institution resides in Strasbourg and is responsible for all matters relating to the interpretation and application of the Convention.   In relation to the ‘necessary in a democratic society’ provision, five of the Convention’s Articles specify the phrase in their text, although it is assumed that the Convention as a whole upholds its importance.   This essay examines the European Court of Human Rights (hereinafter ECHR) and its interpretation, and relative importance, of the phrase, ‘necessary in a democratic society’ in r elation to the Convention.   Due to limitations in word count, the contents of this essay are not exhaustive. The inception of communications has seemingly created an increase in challenges relating to Article 8 of the Convention.   In Malone v UK, the ECHR found a breach of Article 8 of the Convention, relating to the right of privacy.   More specifically, it was found that telephone tapping by the police and authorised by the UK Government and condoned by the High Court was in breach of right to privacy, contained in Article 8 of the Convention.   This Article provides: There shall be no interference by a public authority with the exercise of this right except such as is accordance with the law and is necessary in a democratic society in the interests of national security. It was held by the ECHR that tapping was against the Convention because it was not in accordance with law but governed by an unregulated decision.   The reason why it could not be necessary in a democratic society was that there were no constitutional safeguards against misuse of the power.   The Court concluded that the law was unclear and stated that, ‘the minimum degree of legal protection to which citizens are entitled under the rule of law in a democratic society is lacking.’ This case thus initiated new Government legislation to control telephone tapping by the police.   The legislation comes in way of the Interception of Communications Act 1985 which limits telephone tapping to cases where the Home Secretary has issued a warrant and, to safeguard against arbitrary use, the warrant can only be issued in three distinct circumstances, one being serious crime.   Furthermore, a tribunal and Commissioner will review how the Home Secretary has exercised his power s on an annual basis.   The main findings of this case were reiterated in Kruslin v France and Huvig v France, where it was decided that there were insufficient safeguards in the law and that, accordingly, the Convention was violated. A very different approach was reached by the court in Klass v Federal Republic of Germany. In that case, German legislation was challenged for authorising the inception of mail and telecommunications.   It was held that, whilst the right to privacy was infringed, the inceptions were justified due to the ‘necessary in a democratic society’ provision, contained in paragraph 2.   It was said that surveillance of citizens was legitimate to the extent that it was ‘safeguarding the democratic institutions’ of the State.   As there were no adequate guarantees against abuse, Article 8 was not violated.   It can be observed from these cases that their relationship to Article 8 of the Convention is markedly similar, yet, they have been decided differently.   The cases symbolise the importance of the phrase relating to the necessity of a democratic society but show how, according to its own discretion, the court can manipulate the case one of two ways:   ei ther by stating the importance of a democratic society in safeguarding the State and thus authorising the surveillance of citizens, or; offering protection to the same citizens because this is what is needed in a democratic society.   It seems that the cases were decided upon according to the likelihood of relative threat, as the Convention states, ‘in the interest of national security, public safety or the economic well being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.’ Article 10 of the Convention provides for the right to freedom of expression.   These freedoms are subject to ‘formalities, conditions, restrictions and penalties, as are prescribed by law and necessary in a democratic society.’   At this point, it is perhaps worthwhile to note that the ECHR applies what is known as the margin of appreciation, so that Member States have a measure of national discretion in the way they give effect to general standards set out in the Convention.   An example is the ECHR’s decision in favour of the United Kingdom’s decision to ban the film, Visions of Ecstasy, under its blasphemy law, in spite of the Director’s claim that it violated his right to freedom of speech. The Court ruled by seven votes to two that the refusal of the Director’s claim was justified under Article 10(2) as being necessary in a democratic society.   The Board of Film Classification believed that the film would infringe the criminal l aw of blasphemy.   It was stated however that although the law of blasphemy did not treat all religions equally, it did not detract from the legitimacy of the Director’s aim, and it was consistent with the aims of Article 9 of the Convention.   The Court ruled that while the law of blasphemy was invoked rarely, there was not sufficient consensus with Member States to conclude that the blasphemy legislation was ‘unnecessary in a democratic society and incompatible with the Convention.’   The restriction was justified on the basis of excessive interference to Christians, which could amount to blasphemy. The United Kingdom’s record in relation to cases taken against it in the ECHR is not promising.   In 2000, the United Kingdom came second to Turkey in this vein. These decisions are extremely important because they are now binding precedents in the law of the United Kingdom.   Although the case of Wingrove may have pleased the United Kingdom with the imposition of the margin of appreciation, there have been a number of controversial cases in which the decisions have gone against it.   One example was the decision that the rights of suspected IRA terrorists had been violated by their summary execution in Gibralter.   It follows that the ‘necessary in a democratic society’ provision, is capable of being argued either way.

Big Fish Film Study Creative Assignment

Creative Writing Assignment 1. At the end of the film Will reconciles with his dying father. Write the eulogy that Will delivers at his father's funeral. Consider what Will would say about what kind of father Ed was, what kind of man he was, what lessons he taught, or the type of man Will strives to be. Losing a loved one is one of the most difficult things we can go through, so much more is it is a parent. No words can express what I am feeling right now and I’m sure that in time I will be able to accept the facts.My father was one of those creative and story telling types. His creative sorties were the truth in our house. I used to love listening to the invogorating sroties he would tell me every night before bed. He would tell me that everything he said he did was true and not to let anyone tell me otherwise. As I grew older, I slowly drifted apart from him, not caring about the nonsense he called his life. I soon learned that the most important thing that i had was my fami ly, weather we included him in it or not he would always be my dad.Though he may never have said it out loud but I believe he told these stories to be remembered. I am the person i am today because of eveything his legends taught me. As most of you may know my father always had something to say. I remember when we were little and my father was gone on business quite often, at that point in time is when we got totally separated that we could barely carry on a conversation as friends let alone family. About 3 months ago when my father got very ill and my wife and i came to stay with my parents we grew much closer again.He told me stories i had heard many times befoare and ones i had not yet heard. I discovered that the purpose of these legends is to be passed on throughout the generations, to be remembered adn to teach us a little something about life and ourselves. He showed strength until the end and still had some enlightening words for us. I promise that I will continue what my fa ther has started, and i will tell adventerous stories whenever i can. I know I’ll be filling huge shoes but I think I can do it.Let’s just remember everything that my father shared with us. And let’s be happy that he has finally in a better place. Critical Responses 1. â€Å"You are a big fish in a small pond, but this here is the ocean† –old Edward Bloom I believe that in this quote the fish represents Sandra, Ed’s wife. When Edward is in Spectre and he sees a naked woman where Jenny sees a fish. I also think that the fish is not real but a metaphor; it is whatever you want the most, and at the time Edward was looking for Sandra. 2. â€Å"And that was the lesson I learned that day†¦ he day my son was born. Sometimes the only way to catch an uncatchable woman, is to offer her a wedding ring. † –Edward Bloom In this text the fish represents Sandra as well because everyone says that the fish is uncatchable, which is true bec ause it isn’t real. Sandra was the uncatchable fish at one point because at first Edward didn’t know who she was and when he finally found her and she was engaged. When Edward offered Sandra a wedding ring that is where we see him actually catching the fish because she is now catchable.

Elderly Drivers Informational Essay

Informational Essay Currently there is an extremely important issue that the public should understand more about due to its enormous impact on many citizens. This issue pertains to the safety concern surrounding the elderly while operating a motor vehicle past the age of 70 years old. This debate whether old people should be allowed to drive is often brought up by younger drivers, the reality is that all able bodied people who are physically and mentally healthy should be able to drive but as we grow older it is inevitable that our health will decrease.There are many different arguments on this subject and seems to be a widely spoken debate amongst road users regarding each of their opinions on the possible changes to be made addressing this concern. We can examine the argument by first generally summarizing each side of the argument and their position with supporting evidence of each sides common claims. One of the most common claims made by advocates for the elderly drivers are as following even though the initial licensing procedures vary greatly in the United States.However, those who tend to favor the allowance of elderly citizens to drive on their own, likely believe it is an insult to senior citizens ability to drive and do not support the newly suggested regulations in order for any citizen over the age of 70 to be considered for their license renewal. Most states generally allow license renewal if there are no suspensions on the driver’s license and may require appearing in person. Aside from the general requirements previously stated there are two aspects of the license renewal process that seem to vary substantially among states.Which are the length of time between renewals as well as some additional requirements that may possibly be imposed on older motor vehicle operators. Such legal requirements currently exist in 28 states as well as the District of Columbia who, specifically states that an applicant shall not be required to retake the wri tten exam or road test based solely on advanced age. This regulation is imperative in exemplifying current licensing laws in the other states and their positions held regarding this matter. Some of the more southern states even allow certain privileges or rewards for elderly drivers.For instance, in both Oklahoma and Tennessee, the license renewal fees are reduced for drivers that are 60 years of age or older. Tennessee in particular also permits current drivers past the age of 65 and over to retain a driver’s license which will be indefinitely valid without an expiration date. The laws created by these states contribute to the increase in older drivers and supports their rights. The ability to drive represents a freedom and independence from relying on anyone else, and allows us to feel self-sufficient and capable.It is the belief of many that older drivers should be allowed to drive without any verification of his/her competency and that the elderly should be able to operat e a vehicle independently at their own discretion on the road and renew their driver’s license, without first screening for safety requirements. A survey conducted on www. surveycentral. org, showed a 76. 5% majority of those surveyed in a research study voted that older people should be able to drive if they can pass a driving test.The parties who wish to not enforce further driving laws pertaining to elderly people also believe that a loss of mobility to an elderly person tends to diminish their sense of independence and self-confidence leaving them feeling stranded or alone and ultimately leads to a decrease in the overall quality of life. The author Liisa Hakamies-Blomqvist in her essay â€Å"Older Road Users† supports this position with statistical evidence and research when she reports the following statement: â€Å"Older drivers do not have a higher accident risk than others.They do however have a higher risk of being injured or killed in accidents because of w ith their age there is increasing physical frailty†( Hakamies-Blomqvist, 1997). The license renewal of the elder drivers may pose a problem among older citizens who will soon be approaching this age of evaluation, that are not likely to be cohesive with this proposal for various reasons. The fact that they are soon approaching this period in their life as they are getting older, and certain rights are undoubtedly being taken away from them with mandatory evaluations/examinations can be seen as a human rights issues.However, the main concern held in this matter lies in the safety and well-being of all vehicles including passengers and drivers. According to a recent study by Carnegie Mellon University in Pittsburgh and the AAA Foundation for Traffic Safety, based on data from 1999-2004 displays statistics to support the claim that laws should be enforced and can be seen in the following surprising fatality rates for drivers: â€Å"Which begin to climb after age 65, and from age s 75 to 84, the rate of about three deaths per 100 million miles driven is equal to the death rate of teenage drivers.Even worse for drivers 85 and older, the fatality rate skyrockets to nearly four times higher than that for teens† (AAA Foundation for Traffic Safety, 2004). Various statistics show similar results when comparing fatalities and crash rates involving elderly drivers and is a concern for many people. This concern is exemplified by the following statement by Barbara Harsha, executive director of the Governors Highway Safety Association. It's a huge problem, and we really don't have any solutions to it yet,† â€Å"We need to keep moving on it and try to find solutions as quickly as possible†(Harsha, 2004). This is a continuing problem and will only increase in severity as the boom of newly aged senior citizens grows rapidly, and will inevitably be driving on the road with us. This seems like an issue we should be addressing as citizens, however we have n’t been able to come up with any compromise or solution to resolve this problem as of yet.As far as seeing a visible improvement in statistics from any changes made in this effort seem that the only measure scientifically proven to lower the rate of fatal motor vehicle accidents involving elderly drivers is to require the seniors to appear at motor vehicle departments in person to renew their licenses. Research demonstrates that senior citizens who drive are involved in more fatal car accidents than any other driving age group. However, while senior drivers do pose a risk, losing the right to drive may also possibly lead to isolation or depression.Even though many states have implemented various restrictions on senior drivers in an attempt to fix the problem, there have been no successful results overall regarding this issue and so far all attempts seem to be inadequate to fully address the issue and resolve this situation. Therefore, the current challenge that seems to be f acing the community regarding transportation safety is how to provide the elderly with the easy mobility that they are used to having, while at the same time focusing on safety as a main priority.

James Patterson Book List by Year

Author  James Patterson releases several books every year, thrilling his fans with page-turners that are easy to read and entertaining. Many of his books are co-written with lesser-known authors, allowing him to write more than one man could on his own. Wondering if you have missed one of his releases? Complete List Of James Patterson Books By Year 1976 - The Thomas Berryman Number1977 - Season of the Machete1977 - The Jericho Commandment (published again in 1997 as See How They Run)1980 - Virgin1986 - Black Market (published again in 2000 as Black Friday)1988 - The Midnight Club1992 - Along Came A Spider (Alex Cross Series)1994 - Kiss the Girls (Alex Cross Series)1996 - Jack Jill (Alex Cross Series)1996 - Hide Seek1996 - Miracle on the 17th Green (with Peter De Jonge)1997 - See How They Run (published previously as The Jericho Commandment)1997 - Cat and Mouse (Alex Cross Series)1998 - When the Wind Blows1999 - Pop Goes the Weasel (Alex Cross Series)2000 - Black Friday (previously published in 1986 as Black Market)2000 - Cradle All (previously published in 1980 as Virgin)2000 - Roses are Red (Alex Cross Series)2001 - Violets are Blue (Alex Cross Series)2001 - Suzannes Diary for Nicholas2001 - 1st to Die (Womens Murder Club)2002 - Four Blind Mice (Alex Cross Series)2002 - Beach House(with Peter De Jonge)2002 - 2nd Chance (Wom ens Murder Club, with Andrew Gross)2003 - The Big Bad Wolf (Alex Cross Series)2003 - The Jester(with Andrew Gross)2003 - The Lake House (sequel to When The Wind Blows)2004 - 3rd Degree (Womens Murder Club, with Andrew Gross)2004 - London Bridges (Alex Cross Series)2004 - Sams Letters to Jennifer2004 - Santa Kid2005 - 4th of July (Womens Murder Club, with Maxine Paetro)2005 - Mary, Mary (Alex Cross Series)2005 - Honeymoon(with Howard Roughan)2005 - Lifeguard(with Andrew Gross)2005 - Maximum Ride: The Angel Experiment2006 - Cross(Alex Cross Series)2006 - (with Peter De Jonge)2006 - Judge and Jury(with Andrew Gross)2006 - 5th Horseman (Womens Murder Club, with Maxine Paetro)2007 - Step on a Crack2007 - 6th Target  (Womens Murder Club Series)2007 - Double Cross  (Alex Cross Series)2008 - 7th Heaven  (Womens Murder Club Series)2008 - Maximum Ride #4: The Final Warning2008 - Sundays at Tiffanys2008 - Sail2008 - The Dangerous Days of Daniel X2008 - Against Medical Advice2008 - Cross Country  (Alex Cross Series)2009 - The 8th Confession  (Womens Murder Club Series)2009 - Daniel X: Watch the Skies2009 - The Murder of King Tut2009 - Witch Wizard2009 - Alex Cross Trial  (Alex Cross Series)2009 - I, Alex Cross  (Alex Cross Series)2010 - Worst Case2010 - Fang2010 - The 9th Judgment  (Womens Murder Club Series)2010 - Dont Blink2010 - Private2010 - Postcard Killers2010 - Cross Fire  (Alex Cross Series)2010 - Witch Wizard: The Gift2011 - Tick Tock2011 - Angel2011 - Toys2011 -  Kill Alex Cross  (Alex Cross Series)2012 -  10th Anniversary  (Womens Murder Club Series)2012 - Private Games2012 - Private: #1 Suspect2012 - Guilty Wives2012 - 11th Hour  (Womens Murder Club Series)2012 - Middle School: Get Me Out of Here2012 - I, Michael Bennett2012 - Nevermore: The Final Maximum Ride Adventure2012 - Zoo2012 - Confessions of a Murder Suspect2012 - NYPD Red2012 - Daniel X: Armageddon2012 - Merry Christmas, Alex Cross  (Alex Cross Series)2012 - I, Funny20 13 - Private Berlin2013 - Witch Wizard: The Kiss2013 - Alex Cross, Run  (Alex Cross Series)2013 - Middle School: My Brother Is a Big, Fat Liar2013 - 12th of Never  (Womens Murder Club Series)2013 - Second Honeymoon2013 - Private Down Under2013 - Middle School: How I Survived Bullies, Broccoli, and Snake Hill2013 - Mistress2013 - Treasure Hunters2013 - Gone2013 - Confessions: The Private School Murders2013 - Cross My Heart  (Alex Cross Series)2013 - I Even Funnier2014 - First Love 2014 - Private L.A.2014 - NYPD Red 22014 - Middle School: Ultimate Showdown2014 - Unlucky 13  (Womens Murder Club Series)2014 - Invisible2014 - Middle School: Save Rafe2014 - Homeroom Diaries2014 - Private Down Under2014 - Danger Down The Nile2014 - Burn2014 - Confessions: The Paris Mysteries2014 - Private India2014 - Hope to Die  (Alex Cross Series)2014 - House of Robots2014 - The Lost2015 - Private Vegas2015 - I Totally Funniest2015 - NYPD Red 32015 - Public School Superhero2015 - The Mystery W riters of America Cookbook2015 - 14th Deadly Sin  (Womens Murder Club Series)2015 - Maximum Ride Forever2015 - Truth or Die2015 - Just My Rotten Luck2015 - Lights Out2015 - Alert2015 - Private Syndey2015 - Secret of the Forbidden City2015 - The Murder House2015 - Confessions: The Murder of an Angel2015 - Cross Justice  (Alex Cross Series)2015 - Robots Go Wild!2015 - I Funny TV2016 - NYPD Red 42016 - Private Paris2016 - Jacky Ha-Ha2016 - 15th Affair  (Womens Murder Club Series)2016 - Ultimate Fight2016 - Private Rio2016 - Filthy Rich2016 - Humans, Bow Down2016 - Peril at the Top of the World2016 - Bullseye2016 - Woman of God2016 - From Hero to Zero2016 - Cross the Line  (Alex Cross Series)2017 - Middle School: Escape to Australia2017 - The Shut-In2017 - The End: An Owen Taylor Story2017 - Bedding the Highlander2017 - The Black Book2017 - I Funny: School of Laughs2017 - Night Sniper2017 - After the End: An Owen Taylor Story2017 - Two from the Heart2017 - How to Be a Supervilla in2017 - 16th Seduction (Womens Murder Club Series)2017 - Crazy House2017 - Juror #32017 - The Dolls2017 - Dr. Death2017 - Big Words for Little Geniuses