Pocahontas free essay sample

My mother used to call me Pocahontas when I was younger. It was an appropriate and endearing title, I think; I would watch the Disney adaptation tirelessly, always discovering new meaning in every scene, always wishing that I could be brave and clever, just like this historical caricature. The story of this free-spirited Powhatan princess and libertine never ceased to amaze me as a five-year old. Recently for one reason or another, the long-forgotten nickname emerged again, and I had a blast of nostalgia for those days when I used to live in a world of make-believe. As a child, I was curious about everything I saw; the backyard was another world that had to be explored. I searched for wonder in the most quotidian things; I wondered why the grass woke up every morning in a lustrous veil of dew, and why I couldn’t be sparkly at 6 A.M. This curiosity turned into a thirst for knowledge that could be quenched at school. I still think of education as a quest for enlightenment, whic h is why I have decided to apply to this university. I believe that this institution can be my guiding compass on this journey that I must take, not only as a student, but as a person going into adulthood. Being that I am about to start that odyssey from childhood to that next part of my life, I was surprised that my mother had so nonchalantly called me that Algonquian nickname that I heard frequently as a wide-eyed little girl. When I asked her why she remembered it, she simply smiled and told me that throughout my process of applying to college, she had seen the spark of curiosity in my eyes again; the same one I had at five years old when I saw Pocahontas for the first time and like her, I had a first encounter with a diverse society. As a child immigrant, I saw my family’s abrupt relocation to this new world as an adventure. I don’t think I realized that my family left everything behind to secure a better future for me, something they could only dream of in my nat ive land, Colombia. My naivete blinded me from the economic and emotional hardship that they went through as aˆ?aliens’ those first few years. But as I grew older, I learned to appreciate everything they did. I realized that everything they did was to lift me up so I could grasp that elusive thing, the American dream. My parent’s small daily tasks were like dewdrops on the thinnest blade of grass; I learned to find wonder in my parent’s daily and admirable endurance. I respected this perseverance and courage and each time I heard my mother call me Pocahontas, I felt as if there might be some of those qualities in me too. The sound of the nickname would instantly make me feel more important, somehow like I had a place in the world, even as a small child. I felt that maybe one day I would mature into someone like her, someone who would make a difference. Perhaps I would be remembered for doing something so bold that would simultaneously make old men who died for tradition roll over in their graves and sow the seeds of change. Perhaps I could help people in need raise their voices that are so often unheard, overwhelmed by the deafening silence of ignorance and hate. Of course these are lofty goals for a kindergartener, but in retrospect I believe that indeed a children’s animated film gave me my first lessons of the importance of diversity and the capability of creating change in the world. I am being very frank when I say that I still feel like that ingenuous five-year old sometimes, especially now as I am about to send off a piece of myself to decide my future. But the fact that I had once again assumed my youthful pseudonym just brought me back to the past. Reminiscing seventeen years of life, I realize that Pocahontas, not the animated character or the one in a tiny vignette in a history textbook, but her spirit, has always been with me. That spirit is with me now, as I am about to explore the rest of my life, starting with t his one step towards enlightenment.

An Investigation of the Impact of Wireless Networks on Business essays

An Investigation of the Impact of Wireless Networks on Business essays Wireless technologies represent a rapidly emerging area of growth and importance for providing access to the networks for the workplace community. Employees, clients, and customers increasingly want service and network access from various places inside and outside the company. There has been significant interest lately for all businesses to set up mobile computing workplaces for their employees and also mobile computing for other functions of the business from distributors, suppliers, and service providers. The industry has recently made significant progress in wireless technology in resolving some constraints that have affected the widespread adoption of wireless technologies. Some of these constraints have included disparate standards, low bandwidth, and high infrastructure and service cost. Wireless technologies can both support the organizational company mission and provide cost effective solutions. Wireless is being adopted for many new applications such as to connect comp uters, to allow remote monitoring and data acquisition, to provide control and security, and to provide a solution for environments where wires may not be the best implementation. Wide Area Network Coverage(cell phones/PDAs) The lack of integrated networking in PDAs isn't surprising given the variety of choices available. Users can use with third-party tools, and manufacturers don't have to offer as many models or gamble on which technologies will be more popular. Instead, the expansion ports on new models let people choose from a fast-growing field of accessories. Adding these peripherals are costly and the result is painstaking, but at least you can piece together a solution. Personal area networks in close proximity to an individual let you transfer personal data among devices. For example, if you connect your PDA and digital phone with cables or by wireless signals, you've set up a PAN. Cables are used most commonly today, followed by infrared, bu...

The emerging role of the nuclear medicine practitioner- enablers and Research Proposal

The emerging role of the nuclear medicine practitioner- enablers and barriers - Research Proposal Example There are three major types of people who are working and under the field of nuclear medicine, and they include, the nuclear physician, the nuclear medicine technologist, and the nuclear pharmacist. The nuclear physicians are responsible in diagnosing and treating a patient. Furthermore, they have the responsibility of carrying out research in this field of nuclear technology. The technician on the other hand, works with a patient, and he or she is a specialized individual who assists the physician in diagnosing and treating a patient. The pharmacist on the other hand, involves himself in the procurement, control, and distribution of radio-pharmaceutical products (Laake, Benestad & Olsen, 2007). This is an indication that this field on nuclear medicine is an independent specialty, and well organized, and hence it can cater for the needs of its patients. This paper is a proposal on the researcher to be carried out on the enablers and barriers to the practice of nuclear medicine. This paper takes a stand that in as much as there are some factors responsible for promoting the practice of nuclear medicine, there are also some barriers. One of the major challenges facing nuclear medicine is based on the dangers of radiation. Radiation is a very serious issue, and can have a very negative impact on the health of an individual. This includes the development of chronic diseases such as cancer, which are always difficult to treat. Furthermore, it is highly expensive to train nuclear medicine experts, and this is the reason there is a shortage of nuclear medicine practitioners in the world (Moniuszko & Patel, 2011). There is also a dilemma on where to place this field of nuclear medicine. This is because there is confusion on whether to categorize nuclear medicine under the field of medicine, or to give it an independent specialty.

The Role of Emotion-focused Theory in Functional Assessment Essay

The Role of Emotion-focused Theory in Functional Assessment - Essay Example New models of marital suffering, such as Gottmans model, also have grounding in the observation and the coding of exact interactions flanked by intimates, as do models of adult close relationships such as accessory theory. Moreover, it is perhaps not astonishing, then, that there is consonance in the middle of EFT as a model of intervention, researched evocative models of distress, and relational theories such as accessory. Distressed couples taught Les Greenberg and me, the inventor of EFT, how to describe the procedure of alter outlined in EFT and the interventions that endorse this change procedure. Moreover, the primary EFT manual was written as part of the first result study, which compared EFT to untreated couples and couples who finished a behavioral communication and skills training intrusion. The consequences of EFT in this primary study were imposing sufficient to spark another two decades of research on EFT(Elliott, R., Watson, J. C., 2004). No doubt, this study utilized evocative assessment methods to expand hypotheses regarding the function of lunchtime behavior troubles for three characteristically developing children. No doubt, functional treatment was assessing in the natural setting through caregivers as change agents. In general, results of the evocative assessment suggested that every childs difficulty behavior was upheld by flee and, to a lesser extent, attention. In adding, this study optional that straight observation was more dependable than a behavioral interview or survey in acquiring the information essential to expand hypotheses on factors maintaining a childs mealtime behavior evils. Lastly, a functional treatment wrap up consisting of death, stimulus fading, and strengthening of suitable eating behaviors put into practice by the caregivers was effectual in decreasing the mealtime behavior evils for two of the children who continued in the study, thus given that

IV Catheter Insertion Needle Stick Incidences Research Paper

IV Catheter Insertion Needle Stick Incidences - Research Paper Example The needle stick injuries are relatively lower. The healthcare workers face a great risk, due to occupational exposure to blood and body fluids. The exposure may lead to transmission of disease causing pathogens, which result to infection and other hazardous consequences for the health workers. The safety catheter requires activation by user, and it is simple to activate and this ensures that injuries are minimized. Therefore, it clear that needle stick injuries are preventable through the use of safe needles, and the application of worker education and practice controls that are driven towards the reduction of injuries. On average, a health care practitioner is exposed to the dangers of deadly blood borne pathogens, through the contamination of needle sticks, or splash exposures (American Nurses Association, 2002). This is a great risk that faces every frontline health worker. Although this problem is regarded as part of the job of the health care workers, the Needle stick Safety and Prevention Act of 2001 is a legislation that was signed by the federal government, for the purpose of safeguarding the welfare of healthcare workers. The paper seeks to examine the issue of IV Catheter Insertion Needles, and particularly, whether the introduction of IV catheter insertion needles reduces the risk of needle sticks (Jegger & Bentley, 1998). The retractable needle IV catheter is designed in a manner that reduces the needle-stick injuries, and this is in line with the federal regulations, on the risk of heath care workers. Needle stick injuries are accidental skin penetrations and stab wounds, which are caused by hollow-bore needles, which include hypodermic needles, blood-collection needles, IV catheter stylets and other needles (Lawson, n.d.). Nurses and health care workers are exposed to needle sticks, at least every month while either inserting or removing the peripheral IV catheters. This form of risk is reported to be

Legal Sources of the UK Constitution and Human Rights Law

Legal Sources of the UK Constitution and Human Rights Law 1. The UK constitution is described as an unwritten one. Explain with reference to the legal sources of the UK constitution and appropriate examples, why it is called unwritten, and consider whether the distinction between a written and unwritten constitution is legally significant. The word constitution has many different meanings, however only two of them are applicable to constitutional law. Firstly, constitution could mean a written document which contains the rules and principles according to which a country is run. Secondly, the word constitution could refer to: the body of rules and arrangements concerning the government of the country.[1] The second definition does not impose any requirement of writing. It should be stressed that although some states do not have a written constitution every country in the world, including the UK, has a constitution in the second sense of the word. Over the centuries the attitude towards the British/English constitution ranged from admiration to sever criticism. Thomas Paine went even further, he ruled out a possibility that an English constitution could exist.[2] The British constitution has been sometimes described as ‘political.’ Griffith believes the word ’political’ can be used to refer to a wide range of qualities, e.g. the UK constitution assumes equality of all citizens and many important rules are not legal rules. He also stressed that operation of the constitution is closely linked to Parliament and Parliamentary elections, this leads to a conclusion that the British constitution must be analysed in the political context.[3] The UK constitution draws on a wide range of sources: statutes, common law, the royal prerogative, international treaties and agreements, conventions and academic texts written by legal experts. As an expression of Parliament’s will statutes are the most important source of law, some of them have a particular constitutional significance, e.g. the Magna Carta 1215, the Act of Settlement 1701, the Representation of the People Act 1983 and the Human Rights Act 1998. Another written source of law is case-law. Although judges should merely interpret the law, and not get involved into a law making process, many crucial legal principles have been established in the course of legal proceedings, for example in British Railways Board v Pickin[4] Lord Reid said that the courts have no power to overrule Acts of Parliament on any grounds. International treaties and agreements, such as for instance the Treaty of Rome 1957, have also become a source of English law; similarly, texts written b y legal experts may acquire exceptional legal significance, e.g. Diceys An Introduction to the Study of Law of the Constitution. The unwritten sources of the UK constitution are the royal prerogative and conventions. The royal prerogative stems from the powers which used to be exercised exclusively by the monarch and which are now exercised by the ministers on the Queens behalf. The examples of the royal prerogative are the power to declare war, the control over the appointment of ministers and the right to dissolve Parliament. The legal nature of conventions is somewhat different, they are non-legal norms which should be obeyed by those to whom they apply; although conventions cannot be enforced by the courts they are usually respected. As the above discussion illustrates, a large part of the constitution is written. However, due to lack of a separate document which could be called a constitution this fact is often disregarded and the UK constitution is said to be unwritten. The unwritten character of the UK constitution, or rather the existence of unwritten rules, has serious legal implications. The first point to note is that Parliament can pass and revoke the law as it sees fit. Until recently the British constitution did not guarantee any rights; although an Act, called the Bill of Rights, was enacted as early as 1688 it dealt exclusively with issues related to Parliament and Crown. This meant that, in theory, Parliament could pass any legislation it considered appropriate even if it infringed rights of UK citizens. Prior to the enactment of the Human Rights Act 1998 the only limitation on the Parliamentary sovereignty in cases involving of human rights violation would have been the rule of law. However, effectiveness of the rule would have been limited if the courts, wanting to avoid interference with Parliamentary decisions, refused to enforce it. This should be juxtaposed with countries which have written constitutions and where rights of ordinary citizens are protected by specially drafted provisions. In addition to being uncodified the UK constitution is flexible and unitary (provided devolution is not taken into account) but it is not entrenched. The result is that while written constitutions are rigid the UK constitution is flexible, an advantage of flexibility is that any necessary changes can be introduced quickly and relatively easily. On the other however, lack of entrenchment leaves a lot of power in the hands of a small group of people. Moreover, unwritten constitutions always involve a degree of vagueness, the situation is made worse by the fact that norms which are not written cannot be enforced by the courts. These problems do not arise if the constitution is written, yet it does not follow that all the relevant law can be found in the constitution. Munro argued: â€Å"It ( ) also suggested, wrongly that in countries such as the United States, all the rules and arrangements concerning government had been reduced to writing in a single document. In practice, this is never the case.†[5] Both written and unwritten constitutions rely on the legal precedent, they are formed and modified by judicial interpretations of the law and political practices. The UK constitution is said to be unwritten however as has been shown above it is not, strictly speaking, true. The constitution relies on a wide range of sources and most of them can be found in writing. It has already been mentioned that the constitution can be described as political, yet following developments such incorporation of the European Convention on Human Rights, membership of the European Union and changes which took place post-1997, more and more constitutional rules are being codified. Thus, according to Munro the UK constitution is becoming ’legal.’[6] It is, therefore, submitted that the gap between the unwritten British constitution and the written constitutions in other countries is gradually becoming narrower. The new EU constitution may close this gap entirely. BIBLIOGRAPHY TEXTBOOKS Munro, Colin R, Studies in Constitutional Law, Butterworths, second edition, 1999. ARTICLES Griffith, John, The political constitution, (1979) 42 MLR 1. CASES British Railways Board v Pickin [1974] AC 765, [1974] 1 All ER 609. STATUTES, TREATIES AND CONVENTIONS 1215Magna Carta 1688Bill of Rights 1701Act of Settlement 1950 European Convention on Human Rights 1957Treaty of Rome 1983Representation of the People Act 1998Human Rights Act 2. Explain the doctrine of ministerial responsibility to Parliament. Consider whether it should be constitutionally necessary for Ministers to defend their decisions in judicial review claims before a court, as well as answering to Parliament for those decisions. Ministerial responsibility can be either collective or individual, since it is a convention it is unwritten and unenforceable in the courts of law. The operation of the doctrine can be described as follows: â€Å"Ministers are responsible for the general conduct of government, including the exercise of many powers legally vested in the Monarch; and ultimately, through Parliament and parties, to the electorate†[7] The convention of ministerial responsibility has a historical origin, it is a product of tradition and a multitude of historical events. In the nineteenth century ministerial departments used to be very small and the ministers’ workload was limited, in this circumstances it was not unreasonable to expect ministers to be responsible for all their civil servants; this explains how the doctrine of individual ministerial responsibility was born. Collective ministerial responsibility can be traced back to the ministers’ relationship with the Monarch, in the past the sovereign played a role of the Prime Minister and ministers were expected to answer to him. A minister who fails in the performance of his duties has four options: he can explain the situation to Parliament, apologise to Parliament, choose to take action or, in extreme cases, resign. The convention of individual ministerial responsibility has often been found problematic, it is not always clear when, and for what reasons, ministers should resign. It is debatable whether they should resign due to problems in their departments or only if they fail to accomplish tasks for which they are personally responsible. In the past ministers could not be excused from responsibility for their own civil servants, however following the Crichel Down affair (1954) the convention no longer seems to be so severe. It can even be argued that as ministers begun to refuse to resign there has been a shift towards the other extreme. In 1983 James Prior did not hand in his resignation over the Maze Prison escapes. In his view the fallings of the prison system resulted from an inadequate policy.[8] Th e Scott report also had an effect of limiting ministerial responsibility, it concluded that ministers should continue to answer to Parliament but they should no longer be personally responsible for the mistakes of their subordinates. The Nolan Report on the other hand deepened the extent of ministerial responsibility, it stated that ministers should avoid conflicts of interests and bear in mind the impact which their private lives may have on their ministerial positions.[9] The past few years have seen an increasing drive towards accountability, transparency and codification. Thus, in 1992 a decision was taken to publish the previously confidential Questions of procedure for ministers. The Questions, which are now known as Ministerial Code: A Code of Conduct and Guidance on Procedures for Ministers, provided guidance for ministers and played a role of a partly codified convention. In 1995 the Code was amended and the new version instructed ministers not to intentionally misinform Parliament. Appointment of Select Committees also had an impact on ministerial responsibility, the Committees can conduct their own enquiries, question ministers and interview witnesses. At the same time, however, complaints have been made regarding the availability of witnesses and access to documents. The doctrine of collective ministerial responsibility is based on three main principles: the confidence principle, the unanimity principle and the confidentiality principle. The fist principle presumes support of the House of Commons as long as the Government does not receive a vote of no confidence. The second principle imposes an obligation on ministers to vote unanimously while the confidentiality principle demands that any discussions which take place in Cabinet remain confidential. A good example of a breach of the convention of collective responsibility is Clare Short’s disapproval for the war in Iraq. Judicial review can be described as a process of challenging decisions of public bodies, public bodies include the executive but not Parliament. Judicial review proceeding are conducted by the Divisional Court of the Queens Bench. It should not be confused with an appeal procedure, judicial review involves an assessment of the legality of a decision. There are three grounds on which the court can declare a decision ‘unlawful:’ illegality, irrationality and procedural impropriety. Illegality arises when the law has been misunderstood or misinterpreted and therefore applied incorrectly, irrationality applies to cases where the judgement appears unreasonable or unfairness, while procedural impropriety refers to cases involving bias. Following the judgement in R. v. Secretary of State for the Environment, ex parte Hammersmith and Fulham London Borough Council[10] even discretionary ministerial powers can now be challenged in the process of judicial review. Nevertheless, review of ministerial powers will not be possible in cases involving political decisions, national security or government policy. In R v Director of GCHQ ex parte Hodges[11] one of the judges said: I apprehend for myself that the majority of their lordships were of the view that once it had been established by evidence that a decision had been made on behalf of Government in the interests of national security the whole ambit of that decision was one which the courts can neither enquire nor intervene. It is undisputable that the GCHQ case is a groundbreaking decision, instead of concentrating on the source of the power the courts have been encouraged to focus on its nature. Many forms of scrutiny of the ministerial power are already in place, ministers answer to Parliament, they are subject to judicial review and in cases of serious misconduct they may be investigated by the Select Committees. As regards the breach of conventions the sanctions are political rather than legal, this means that conventions may be ignored and courts are unable to compel the executive to obey them. Yet, ministers may be subjected to political pressure, Clare Short resigned two months after her Iraq war announcement while Sir Thomas Dugdale resigned over the Crichel Down affair. In the later case the process of Parliamentary scrutiny was as a result of pressure exerted by backbenches. In these circumstances, it does not seem necessary for the ministers to answer to Parliament as well as be subjected to judicial review. BIBLIOGRAPHY TEXTBOOKS Munro, Colin R, Studies in Constitutional Law, Butterworths, second edition, 1999. ARTICLES Oonagh Gay, Thomas Powell, Individual ministerial responsibility issues and examples, Research Paper 04/31, (2004). Oonagh Gay, Thomas Powell, Collective responsibility of Ministers an outline of the issues, Research Paper 04/82, (2004). CASES R. v. Secretary of State for the Environment, ex parte Hammersmith and Fulham London Borough Council [1991] 1 AC 521. R v Director of GCHQ ex parte Hodges (1988) QBD. 3. Explain whether devolution has had any impact on the sovereignty of the Westminster Parliament. Devolution is delegation of centrally held power to regional governments. In the 1980s New Labour advocated devolution in order to win votes in Scotland and Wales, however the actual process of transferring power did not gain momentum until the 1990s. Devolution featured in the New Labours election manifesto and it was only when New Labour won the general election that changes begun to take place. Yet, the reasons behind devolution were not only political but also economic. In the 1980s England was going through a period of high unemployment and although the economic situation in England was critical it was even worse in Scotland and Wales. There was also a feeling of discontent caused by an unequal distribution of EU funds and unfair economic policies which favoured England. Dissatisfaction with British rule was even more visible in Ireland where it frequently led to violence. The 1916 rebellion in Dublin, known as the Easter Rising, was followed by the two year civil war. Eventuall y, the persistence of Sinn Fein forced the British Government to negotiate and Ireland was divided into two parts. Britain retained a much smaller northern part which is now known as the Republic of Northern Ireland.[12] Both academics and politicians distinguish three different types of devolution: administrative, legal and financial.[13] As the name implies, administrative devolution involves delegation of power to manage parts of the administrative system. The central government retains control over related matters of greater importance, for instance even if a regional body is put in charge of healthcare and/or education, as it is the case in Scotland, privatisation decisions must be taken by Westminster. Financial devolution involves granting of power to rise taxes, change the taxation rate or make decisions concerning distribution of public funds. Similarly, legislative devolution refers to the transfer of rights to pass legislation. Devolution is often said to be asymmetrical this means that power is not distributed evenly, e.g. although the structure of the Scottish Parliament and the Northern Ireland Assembly are similar the later cannot legislate on policing and criminal matters.[14] These a rrangements have far-reaching consequences for Westminster, firstly it can be argued that following the break-up of the colonial system Parliament exercises its powers over a smaller geographical area.[15] Devolution, along with the membership of the European Union, create an impression that the remaining Parliamentary influence outside England is largely superficial. Secondly, the fact that devolution is asymmetrical could lead to calls for additional rights in order to redress the balance, the White Paper considering an extension of legislative powers of the National Assembly of Wales is already being considered.[16] According to Introduction to the Study of the Law of the Constitution, a classic work by Dicey, sovereignty means that Parliament has the right to make or unmake any law whatever; and further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.[17] In view of the above discussed developments can it still be argued that Westminster has not suffered any loss of sovereignty? Theoretically, there is no conflict between sovereignty and the process of devolution, in the memorandum to the Procedure Committee, the Leader of the House, Margaret Beckett said: None of the devolution legislation affects the House’s ability to pass legislation on any matter. For all public bills, the Government would expect that a convention would be adopted that Westminster would not normally legislate with regard to devolved matters without the consent of the devolved body.[18] Finally, Munro explains that being sovereign Parliament is free to impose limitations on its own power.[19] Despite what has been said above there is also evidence to the contrary, devolution produced a paradoxical effect known as the West Lothian Question. It means that although Scottish MPs can seat in the British Parliament and decide on issues related exclusively to England English MPs have no influence on similar Scottish issues which have been devolved. This situation has been severally criticised on many occasions and led to calls for an English Parliament.[20] Parliament tackled these problems by further devolution but this time power was devolved to the English regions, e.g. the Regional Agencies Act 1998 established development agencies[21] while in 2000 the newly established Greater London Authority saw its own elected Mayor and the London Assembly. In November 2005 the Government issued a Consultation Paper which proposes extending the responsibilities of the London Assembly and the London Major.[22] These developments have already limited, and will continue to limit, the power s traditionally held by the legislature and the executive. Although, in theory, Parliament could choose to withdraw the devolved powers at any time a total withdrawal is unlikely to be possible in practice. Westminster would have to consider both political and social implications of such actions and it is likely that the response of the public would range from widespread discontent to outright violence. Riots would be likely to break out in Northern Ireland where, as mentioned at the beginning of this paper, violent resistance to English rule has taken place in the past. In 1972 Edward Heath re-established direct rule over Northern Ireland, he was criticised by both unionists and nationalists. The sense of national identity in Northern Ireland remains very strong while in Scotland objections to a withdrawal of devolved powers would probably be raised on nationalist, and particularly economic, grounds. Consequently, it is difficult to deny that devolution undermined sovereignty of Westminster Parliament; arguments to the contrary have limited , and purely theoretical, validity. BIBLIOGRAPHY TEXTBOOKS Munro, Colin R, (1999), Studies in Constitutional Law, Butterworths, second edition. ARTICLES CONSULTATION PAPERS A Consultation Paper, The Greater London Authority: The Government’s proposals for additional powers and responsibilities for the Mayor and Assembly, (2005). Leeke Matthew, Chris Sear and Oonagh Gay, An Introduction to Devolution in the UK, Research Paper 03/84, (2003). Wood, Edward, The Procedural Consequences of Devolution, Research Paper 99/85, (1999). WHITE PAPERS STATUTES 1998Regional Agencies Act 2005Government White Paper: Better Governance For Wales INTERNET SOURCES Campaign for an English Parliament, http://thecep.org.uk/devolution.shtml [Accessed on 4 August 2006]. 4. Explain how the Human Rights Act 1998 has changed the approach to the protection of human rights in the law of England and Wales. Has the change been for the better or for the worse? Enactment of the Human Rights Act was one of the many objectives which featured in the New Labour’s 1997 election manifesto, the proposal to implement the Act was also part of a much broader programme of constitutional reforms. The statute, which entered into force in 2000, implements the European Convention on Human Rights. According to Lord Lester of Herne Hill the Human Rights Act 1998: â€Å"declares basic rights and freedoms inherent in our common humanity, and the ethical values of a modern democratic society governed under the rule of law a society in which individual and minority rights must be protected against the tyranny of majorities and the abuse of public powers, especially where excessive means are used to pursue legitimate ends. The Act provides an ethical framework to guide law- makers, judges, and individual men and women.†[23] However, as will be shown below the changes brought on by the Act have not always been considered positive. Prior to its entry into force the Act received a lot of negative media coverage, concerns were raised about widespread abuses of the immigration procedures as well as the welfare system. There were also fears that the Act would force judges to disregard Acts of Parliament and by doing so undermine the doctrine of Parliamentary supremacy. Yet, as the subsequent events have shown most of these concerns proved misplaced. The unease about statutory interpretation was mainly due to section 3 which provides that, whenever possible, legislation must be enforced consistently with the Convention. Section 4 adds that in cases where such interpretation is not possible the court may issue a declaration of incompatibility. The declaration does not overrule any provisions but merely states that the law does not comply with the European Convention of Human Rights. The Act lead to an increased protection for the rights of individuals, e.g. in Michael Douglas and Catherine Zeta-Jones v Hello![24] the Court of Appeal recognised the right to privacy. Another notable example of human rights protection is the decision in Mendoza v Ghaidan,[25] in this case the protected Rent Act tenant passed away. The court was asked to consider whether, for the purposes of the law of succession, the surviving homosexual partner should have the same rights as he would have had if the couple was heterosexual. The case is significant for several reasons: firstly, the court held that discrimination was unlawful, secondly, it shows that the Human Rights Act applies both to public and private bodies and thirdly, the court interpreted the Rent Act 1977 broadly enough to give effect to the Convention rights. In the opinion of Lord Lester of Herne Hill Mendoza[26] was correctly decided, he even prised the decision for upholding constitutional rights which include equal tre atment.[27] Despite what has been said above the Act is also known to have its opponents. The decision in R (Q and others) v Secretary of State for the Home Department[28] proved particularly contentious and it has been a subject of a sever ministerial criticism. The court held that firstly, the Home Secretary must support asylum-seekers and secondly, the Home Office acted in breach of Article 6. Article 6, which grants a right to a free trial, was violated when the applicants were refused to have their circumstances assessed on individual basis, moreover they were not allowed to appeal. In response to this decision the Home Secretary, David Blunkett, said: If public policy can be always overridden by individual challenge through the courts, then democracy itself is under threat.†[29] In Alconbury Limited v Secretary of State for the Environment, Transport and the Regions[30] Lord Hoffmann was equally disapproving of the way the case-law has been developing, he that although the Human Rights Act was meant to reinforce the rule of law it reinforced the rule of lawyers instead. September 11 gave rise to many contentious legal issues, human rights, terrorism, extradition and prohibition of torture are now hotly debated. Some of the problems stem from the fact that newly granted civil liberties are counter-balanced by measures introduced on the grounds of national security; hence the Terrorism Act, which came into force on 13 April 2006, prohibits ’glorification’ of terrorism. The ’glorification’ of terrorism is now a criminal offence and applies to speech as well as membership of political and non-political groups. There is a possibility that the provisions of the Act will conflict with the rights guaranteed by the Human Rights Act 1998, future challenges are likely to be based on Article 10 which guarantees freedom of speech and expression. It is yet to be seen what will be the effect of the Act and how it will be interpreted. Another issue which has become particularly contentious is extradition. The Human Rights Act 1998 does n ot contain any provisions prohibiting extradition however it does impose some conditions, the person who is being extradited should not be subjected to torture or inhuman treatment. Finally, can it be said that following the implementation of the Human Rights Act the protection of human rights has improved or, on the contrary, worsened? It seems that there is no ’right’ answer to this question. As has been shown above, ministers can be very critical of the way the Act is interpreted while the judiciary appears very enthusiastic. Nonetheless, human rights are now an integral, and written, part of the British constitution. The Act introduced a new approach to statutory interpretation and added to the range of reasons on which government action can be found unlawful. In other words it increased the accountability of the executive and at the same time encouraged respect for the rule of law. Accordingly, it can be concluded that the Act facilitated many positive changes. BIBLIOGRAPHY TEXTBOOKS Munro, Colin R, Studies in Constitutional Law, Butterworths, second edition, 1999. ARTICLES Glover, Richard, Retrospectivity and the Human Rights Act 1998, [2003] 4 JCLI. CASES Alconbury Limited v Secretary of State for the Environment, Transport and the Regions [2001] 2 WLR 1389. Mendoza v Ghaidan [2003] 2 WLR 478. Michael Douglas and Catherine Zeta-Jones v Hello! (2001) 2 All ER 289. R (Q and others) v Secretary of State for the Home Department, 20 February 2003, Times Law Reports STATUTES 1998 Human Rights Act 2006Terrorism Act INTERNET SOURCES Lester, Anthony, The Human Rights Act five years on. 2003 (online). Available from: http://www.hrla.org.uk/docs/lord lester.pdf#search=human rights act 1998 law [Accessed on 6 August 2006]. Footnotes [1] Munro, Colin R., Studies in Constitutional Law, Butterworths) 1999, p. 1. [2] Munro 2. [3] Griffith, John, The political constitution, (1979) 42 MLR 1. [4] [1974] AC 765, [1974] 1 All ER 609. [5] Munro 3. [6] Munro 13. [7] Munro, Colin R., Studies in Constitutional Law, Butterworths) 1999, p. 57, per G. Marshall and GC Moodie. [8] Oonagh Gay, Thomas Powell, Individual ministerial responsibility issues and examples, Research Paper 04/31, (2004). [9] Oonagh Gay, Thomas Powell, Collective responsibility of Ministers an outline of the issues, Research Paper 04/82, (2004). [10] [1991] 1 AC 521. [11] (1988) QBD. [12] Munro 32. [13] Munro 29 44. [14]Matthew Leeke, Chris Sear and Oonagh Gay, Parliament and Constitution Centre, An Introduction to Devolution in the UK, Research Paper 03/84, (2003), p 7. [15] Munro 127 -166. [16] Government

A Look at Meditation Essay -- Meditation Health Medical Essays

A Look at Meditation   Ã‚  Ã‚  Ã‚  Ã‚  In this modern day and age, the negative effects of stress are unavoidable. People have tried various methods to help cope with stress, everything from exercise and diet to alternative methods like biofeedback. However, the most effective method to deal with stress is not one of these modern methods but rather a 5,000 year-old idea: Meditation. Meditation not only helps reduce the negative effects of stress, but also leads to a better sense of well-being by uniting mind and body.   Ã‚  Ã‚  Ã‚  Ã‚  The basic principles and practices of meditation are rooted in Hinduism, an Asian religion whose followers believe that the soul is eternal and maintains an eternal relationship with God. Hindus believe that because the soul is eternal, it must reincarnate in various forms to retain this everlasting relationship. Thousands of young people flocked to the ideas of Hinduism in the 1970's to escape the drug culture of the times.   Ã‚  Ã‚  Ã‚  Ã‚  As the troubled youth of the 1970's matures into the professionals of the 1990's, the practice of meditation has been incorporated into the medical field and studied for its effect on the body and mind. The physical practice of meditation slows and calms the body, lowering blood pressure and heart rate with the use of deep breathing exercises.   Ã‚  Ã‚  Ã‚  Ã‚  The calming of the body in itself works to fight stress but those who meditate say that meditation also helps to replenish the mind. The mind, along with the body, needs to feel at peace. In the hustle and bustle of the technological age, we often seek out materialistic means of happiness. Some pursue hobbies that like rock climbing that present both physical and mental challenges to satisfy this need while others stretch out in front of the television to relax.   Ã‚  Ã‚  Ã‚  Ã‚  We approach our search for a better sense of well-being on a superficial level instead of dealing with the issues that are the root cause of our pain. We don't really understand what happiness is and therefore spend our time and energy trying to get rid of the pain instead of confronting it. If we turn to meditation to guide us through the journey of self-awareness. If an individual is aware of the cause of his pain, he can better understand it and cope instead of letting it determine the course of his life. It is not the actual event that produces a stressful response, but r... ...pier and healthier than she did in college due to the growth of consciousness. "Whatever you apply yourself to, you are more successful."   Ã‚  Ã‚  Ã‚  Ã‚  La Fave says that with time and practice, the mind and body can be peaceful and potentially stressful situations no longer have power to cause the body harm.   Ã‚  Ã‚  Ã‚  Ã‚  The Maharishi Vedic University is currently putting together a curriculum for the development of human consciousness that not only teaches meditation but also a healthier way of life. They are located off the capitol square at 23 N. Pickney and can be reached at (608)255-4447. La Fave encourages anyone interested in learning about meditation to call or stop by.   Ã‚  Ã‚  Ã‚  Ã‚  The search for a better sense of well-being is a life-long one. What makes an individual feel satisfaction and inner peace changes as time goes by but are rarely achieved without training the mind. Meditation forces its practitioner to return to the self, to confront the obstacles of life, not push them away. Works Cited: "Krishna-izing the World" by Richard Vara, "The Houston Chronicle, Feb. 2, 1991. "Opening Up to Happiness" by Mark Epstein, M.D., "Psychology Today", July August 1993.