Defining public authority and public function - Free Essay Example

Sample details Pages: 5 Words: 1624 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Act Essay Did you like this example? 211188 A. When deciding whether or not the courts have adopted a coherent approach to defining â€Å"public authority† and â€Å"public function†, one must first look to the section of the Human Rights Act 1998 (â€Å"the Act†) which addresses this. In section 6, the Act holds that â€Å"[i]t is unlawful for a public authority to act in a way which is incompatible with a Convention right†.[1] It goes on to qualify what it means by â€Å"public authority† by adding that this term will include a court or tribunal, and any person whose function is a function of a public nature, but does not include the House of parliament or those exercising parliamentary functions.[2] The Convention rights are included as well, and consist of various fundamental human rights such as fair trial rights; the right to education etc.[3] The Act is therefore a broad protection of fundamental rights, and it is thus incredibly pertinent to dete rmine the exact nature of the horizontal and vertical application of the provisions.[4] This is especially in light of the suspicions many European countries have in regard to the extent to which the European Court of Human Rights can extend its influence not only into the judiciary, but into the legislature as well.[5] In light of the importance of the possible effects of this Act, there have actually been multiple methods used to interpret this section. The broadest interpretation as to the scope of â€Å"public authorities† has been adopted by Sir William Wade – because section 6 (3) includes courts and tribunals, he asserts this means that, regardless of the parties before the court, the court will always be subject to the Act.[6] This means that, horizontally, the Act will be used to determine widely to private bodies as well. Don’t waste time! Our writers will create an original "Defining public authority and public function" essay for you Create order However, this interpretation seems to both ignore the â€Å"function† as mentioned in section 6 (1), as well as the fact that, if the Act was meant to apply to all disputes before a court, the Legislature would not have needed to include the term â€Å"public authority† at all. When passing the Act, the Ministers involved held that â€Å"public authority† should generally be given a wide meaning, and be determined on a case by case basis.[7] In drafting, it was established that this should be done by reference to â€Å"public function†.[8] This method of looking at the function, rather than nature, of the office concerned is a method adopted by many jurisdictions when considering the issues of judicial review, and seems true to the legislature’s intention due to their express inclusion of the term â€Å"function† in section 6 (1).[9] In practice though, the courts tend to look at both the source and the nature of the power.[10] For inst ance, in situations where the power arose from a private contract, it will generally not be considered sufficiently â€Å"public† to fall under the Act, regardless of the function.[11] However, this approach seems to be diverting from the broad application originally intended and suggested by the Lord Chancellor in regard to scope.[12] There are â€Å"pure† public authority’s, which tend to be defined narrowly on the source of the power acted upon, but â€Å"functional† public authorities are more broadly defined in practice by the courts.[13] Because of this variance in tests and lack of coherence in definition, there are often instances where private bodies are essentially acting as public authorities, but the public are not protected by the rights enshrined under the Act due to the seemingly irrelevant â€Å"†¦criterion of the body’s administrative links with institutions of the State†.[14] These definitions then lead to uncertain ty as to the application of the Act, as well as the extent to which human rights are practically protected in the United Kingdom. In investigating this concern, the suggestion has been made that there must be intervention into the case law to develop the jurisprudence.[15] The House of Lord’s has submitted that a body isâ€Å"†¦performing a public function under section 6(3)(b) of the Human Rights Act where it exercises a function that has its origin in governmental responsibilities, in such a way as to compel individual’s to rely on that body for realisation of their Convention human rights†.[16] This apparent compromise both recognises the reality of the function (i.e. in practice, what type of power is being exerted?), while also appreciating the necessity for advancing human rights and providing for certainty in jurisprudence. B. The Human Rights Act has clear application in regard to judicial review in the United Kingdom, but there are questio ns as to the extent of the impact. The Act has incorporated into the United Kingdom human rights principles which must be applied within domestic cases, but how do these effect judicial review in particular? Lord Hoffman said: â€Å"Parliamentary sovereignty means that Parliament can, if it chooses, legislate contrary to fundamental human rightsBut the principle of legality means that Parliament must squarely confront what it is doing and accept the political costIn the absence of express language or necessary implication to the contrary, the courtspresume that even the most general were intended to be subject to the basic rights of the individual. In this way the courts of the United Kingdom, though acknowledging the sovereignty of parliament, apply principles of constitutionality little different from those which exist in countries where the power of the legislature is expressly limited by a constitutional document†.[17] In other words, the Act has changed the way in which courts now interpret legislation, and the Act is now the key interpretative document referred to.[18] However, the courts can not strike down legislation, but can merely declare it incompatible and refer it back to the legislature to determine whether, or how, they will address the incompatibility if the courts are unable to re-interpret it to cure the defect.[19] The Act has thus brought to the fore as a distinct juridical consideration how the separation of powers should be maintained within the United Kingdom.[20] However, the actual balance in terms between the judiciary and legislature has fundamentally remained in tact.[21] There has been a theoretical development: judicial review is now considered in light of human rights, and not just the enforcement of public duties.[22] Further too, the Human Rights Act will be enforced most often through judicial review proceedings.[23] In some ways the Act provides a far more limited form of judicial review. Locus standi is d ealt with in section 7 where its states that â€Å"[i]f the proceedings are brought an application for judicial review, the applicant is to be taken to have a sufficient interest in relation to the unlawful act only if he is, or would be, a victim of that act†.[24] This then means that public interest groups have to act through ‘victims’, whereas the typical procedure for judicial review does not require standing to proven at all.[25] In cognisance of the broad application of the Act, the legislature now tends to draft with the impact of the Act in mind.[26] In this way, the Act has exerted a strong human rights jurisprudence influence, but without allowing the courts to breach the principle of parliamentary sovereignty. Generally though, the impact on judicial review itself, and thus in turn parliamentary sovereignty, is minimal. Though the judiciary can declare legislation to be ‘incompatible’, it does not have the power to force the governme nt to act on this incompatibility.[27] Realistically though, the value judgment in regard to legislation in view of Human Rights interpretation that the judiciary now has, does instil the courts with a certain amount of political pressure that they never had before.[28] However, the government has expressly held that in spite of this new influence of the judiciary, they will not bend and defer to every incompatibility declaration, and in that way ‘the sovereignty of Parliament will be preserved both in principle and in practice’.[29] BIBILOGRAPHY Bakker, Rob; Heringa, Aalt Willem and Stroink, Frits (1995) ‘Judicial control: comparative essays on judicial review’ Maklu: Netherlands. Bamforth, Nicholas (1999) ‘The Application of the Human Rights Act 1998 to public authorities and private bodies’ Cambridge Law Journal 58(1), March 1999: Great Britain. Beatson, Jack (1999) ‘The Human Rights Act and the criminal justice and regulat ory process’ The University of Cambridge, Centre for Public law: United Kingdom. Department for Constitutional Affairs (2006) ‘Review of the implementation of the Human Rights Act’ accessed 10 July 2008 at https://www.dca.gov.uk/peoples-rights/human-rights/pdf/full_review.pdf. Ewing, K.D (1999) ‘The Human Rights Act and Parliamentary Democracy’ Modern Law Review 62, 79. Joint Committee on Human Rights (2004) ‘The meaning of public authority under the Human Rights Act: seventh report of session 2003-2004’ accessed 10 July 2008 at https://www.publications.parliament.uk/pa/jt200304/jtselect/jtrights/39/39.pdf. Woolf, Lord (2005) ‘Has the Human Rights Act made Judicial Review Redundant?’ ALBA Annual Lecture, 23 November. Turpin, Colin and Tomkins, Adam (2007) ‘British Government and the Constitution: text and materials’ Cambridge University Press: United Kingdom. STATUTE Human Rights Act 1998. CASE LAW President of Republic of South Africa and Others v. South African Rugby Football Union and Others 2000 (1) SA 1 (CC). R v. Insurance Ombusman Bureau, ex p. Aegon Life Assurance Ltd [1994] C.L.C 88, 93. 1 Footnotes [1] Human Rights Act 1998 s.6(1). [2] Ibid s.6(3). [3] Ibid schedule 1. [4] Bamforth, N (1999) p.159. [5] Bakker, R (1995) p.154. [6] Bamforth (ibid) p.163. [7] Ibid p.160. [8] Ibid. [9] See, for instance, in South African judicial review jurisprudence President of Republic of South Africa and Others v. South African Rugby Football Union and Others 2000 (1) SA 1 (CC). [10] R v. Insurance Ombudsman Bureau, ex p. Aegon Life Assurance Ltd [1994] C.L.C 88, 93. [11] Beatson, J (1999) p.102. [12] Ibid. [13] Joint Committee on Human Rights (2004) p.16. [14] Ibid. [15] Ibid p.56. [16] Ibid. [17] Turpin, C (2007) p.62. [18] Human Rights Act (ibid) s.3. [19] Ibid s.4; Turpin (ibid) p.62. [20] Turpin (ibid) p.110. [21] Department for Constitutional Affairs (2006) p.1. [22] Woolf, L (2005) p.1. [23] Ewing, K.D (1999) p.88. [24] Human Rights Act (ibid) s.7(3). [25] Woolf (ibid) p.3. [26] Turpin (ibid) p.274. [27] Ewin g (ibid) p.92. [28] Ibid. [29] Ibid p.99.

The Rising Cost Of College - 951 Words

Regardless of what a student’s major is, college offers a person the knowledge that they will use throughout their entire life. It arms a person with skills such as communication, critical thinking, analytical capabilities, cultural literacy and leadership. John Henry Newman believed that acquiring such skills was the most important aspect of college and that its purpose was â€Å"training good members of society† (53). However opinions shifted on what the purpose of college is, people began to see it simply as a means to an end, a pathway to financial stability. Dan Berrett, a writer for The Chronicle of Higher Education, attributes part of this change to President Ronald Reagan. Berrett writes that on February 28, 1967, then California governor Ronald Reagan, said â€Å"†¦we do believe that there are certain intellectual luxuries that perhaps we could do without,† he was referring to liberal education (qtd. in Berrett). The rising cost of college has also influenced the way people feel about liberal education versus high-tech training, people want to make sure their degree is worth every penny they spent on it. In a very practical way, college definitely serves the purpose of procuring a career, but it is also essential to shaping productive members of society. When considering a higher education people often wonder if the potential contributions to humanity outweigh a guaranteed salary and if they are mutually exclusive. A survey of 400 employers conducted by a consortium for theShow MoreRelatedThe Rising Cost Of College977 Words   |  4 Pagesof what your major may be, college offers you knowledge that you will use throughout your entire life. It arms you with skills such as communication, critical thinking, analytical capabilities, cultural literacy and leadership. John Henry Newman believed that acquiring such skills was the most important aspect of college and that its purpose was â€Å"training good members of society† (53). However at some point there was a shift in opinion as to what the purpose of college is, people began to see itRead MoreThe rising costs of college1169 Words   |  5 PagesYoshimasa Hirano Thomas Jordan Basic Composition 2/7/2014 The rising costs of college In the US, higher education is really important to succeed in the future. â€Å"In 2003, the typical full-time year-round worker in the United States with a four-year college degree earned $49,900, 62 percent more than the $30,800 earned by the typical full-time year-round worker with only a high school diploma† (U.S. Census Bureau). 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The cost of college tuition makes it even harder for them to achieve financial assistance. The amount of student loans debt in America is roughly around one point eight trillion dollars. Factors like the minimum wage also make it harder for youngRead MoreThe Myths Of Rising College Cost2366 Words   |  10 Pagesnational average of 20% between 2008 and 2012 (Hiltonsmith Draut, 2014). Higher education stakeholders, such as students, parents, public policy makers, have expressed their worries about the rising tuition as it has triggered a public concern about college affordability (Mumper Freeman, 2011). For public colleges and universities, it was the first time that they have witnessed that tuition as a share of total revenue surpasses the state funding for public institutions nationwide in 2012 (U.S. GovernmentRea d MoreRising Cost Of College Tuition2509 Words   |  11 PagesPower, Privilege Rising Cost of College Tuition in the U.S The increasing cost of higher education in the United States has been a continuing topic for debate in recent decades. American society emphasizes the importance of education after high school, yet the cost of higher education and advanced degrees continually rises at a greater rate than inflation in the 1970’s. According to the Advisory Committee on Student Financial Assistance, cost factors prevent 48% of college-qualified high schoolRead MoreRising Cost of College Textbooks1995 Words   |  8 PagesAsk any college student to state one of their largest expenses and it would be safe to bet the response would be â€Å"Textbook prices!† The cost of purchasing required materials for courses has reached numbers high enough to cause many students to take out second loans. Information released this year by the American Enterprise Institute shows that â€Å"College textbook prices have increased faster than tuition, health care costs and housing prices, all of which have ri sen faster than inflation† (KingkadeRead MoreThe Rising Cost Of College Tuition976 Words   |  4 Pagesyears, the soaring cost of college tuition has angered many students and parents, leaving many wondering where they will come up with the funds to pay. While college is still a pretty sound investment for most career paths, the cost of an education has outpaced general inflation by almost double, leaving many families simply unable to shoulder the fiscal burden without incurring large amounts of debt. How did we get to where we are today? A big part of it has to do with how colleges themselves haveRead MoreCollege Tuition And The Rising Cost Of Education Essay2116 Words   |  9 PagesCollege has been sold to the American people as the key to a better future. Complete the four-year degree program and watch oneself rise from the poverty of lower class to the white picket fence middle class dream. This may have been the case in the 1970’s, but college students today are facing over one trillion dollars in combined student loan debt (Denhart 3). In fact, the price of college has increased higher than any other good or service since 1978(Ivory Tower). With the cost of tuition skyrocketingRead MoreWhat are the Problems of Rising Cost in College Tuition?1323 Words   |  6 PagesWhat are the Problems of Rising Cost in College Tuition? College fee is the main factor that depends on which institution of higher learning that a student is likely to join unless awarded a scholarship. It directly depends on one’s financial capability. The poor afford the cheap and less desirable intuitions that they can be able to afford while the rich can get access to high class type of education. Policies exist that govern the ability of institutions increasing their fees and at the same

Years on movement free essay sample

And as the years go by he gains more knowledge and is slowly transforming into the man he is to become in the future. Through all these stages his hands are his tools, as a child he takes in information by playing using his hands and the material then later on he gains knowledge through work. The importance of movement is that it allows the child to build his muscle development i. e. his fine and gross motor skills; he makes his muscles stronger and allows them to do more work for a longer period of time. It also builds his physical strength and stamina. It allows the child to store images in is mind and allows him to store his experiences; the child can develop his speech and his understanding. Movement stimulates his senses especially at the early childhood level; the work is designed to draw the childs attention to the sensory properties 0T tne materlals sucn as slze, texture, color, snape, welgnt, tne sound It makes. We will write a custom essay sample on Years on movement or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page As he grows he learns to pay more attention and looks at thing more clearly especially small objects or details in the environment that attracts his attention and this allows him to appreciate and learn through the environment and his hands, it lso build his concentration level as he can concentrate on one material for a long period of time and he sort of closes the world at that moment and gives in all his attention to the chosen material. As he learns o work on his own on the materials whether they are hard or easy, he gains independence as he does not rely on the teacher to be there with him every step of the way, when the teacher encourages the child to move about, allows him to develop and make his skills stronger, and allow him to make mistakes and learn, if a child falls he has to learn to get up himself dust off and carry on doing the activity he does. He builds up his self confidence through movement he feels that he can achieve what he wants if he Just tries hard and teachers need to motivate them so that they succeed. And builds up his higher self- esteem and with that comes greater ability to take charge if situations and to feel more secure, he develops confidence also through agility, balance and coordination. Development of discipline does not Just occur; it is the teachers or parents Job to show them how to be disciplined. This can happen only when the child is able to concentrate on an object for a long period of time and is so engrossed in it that he oes not know what is going on around him, this exercise should have a control of error, by engaging in such activities the child relaxes his mind, becomes calm, happy and is very busy this makes the child a disciplined child. Development of will comes after development of concentration and this includes various activities that encourage interaction between child and environment, the child has to make the decision himself and take control of his actions.

Steroids Essays (1874 words) - Exercise Physiology,

Steroids A Struggle for Size Athletic competition has been part of society since the early beginnings of man. Gladiators, wrestlers, and sprinters are some the early types of athletes that competed. Mankind seems to have been born with a desire to compete; every man feels the need to have dominance over another man. These facts are even apparent in today's society. Now there are all kinds of sports to choose from, and many of these sports are played at a professional level. These sporting events give individuals that chance to be the better of another person, just as the earlier ones did. That inbred desire to dominate will lead men to do almost anything for victory. This is good in many cases because it shows courage and perseverance; on the other hand, many have taken it to the extreme of using outside agents to better their chances for dominance. By this I mean, a large number of athletes use performance enhancing drugs. Athletes have taken natural or synthetic performance aids since the earliest days of organized sports competition(Clark, Cooper, and Griffen, 525). The usage of performance enhancing drugs like steroids has become too widespread and it needs to be stopped. The illegal production and distribution of steroids should be disrupted or even halted. The athletic community as a whole looks down upon the usage of such drugs. Many rules and regulations have been created to cut down on the number of athletes that use drugs to heighten their performances. The Olympics exemplify this strategy very well. If an Olympic competitor admits or is tested positive for steroid use the can be stripped of any medals won, or they can be disqualified from all competition. A well remembered instance in which this occurred was when the sprinter Ben Johnson won the gold medal in the 100-meter dash, but not to long after he was denounced from his position as the worlds fastest man. Professional and college football in the United States also takes this approach to athletes caught using steroids. Football players may be fined or suspended from playing in games for testing positive. Just last month three National Football League players were suspended from the last four games of their season because of testing positive for substances that were similar to steroids. These are not the only events in which testing and penalties take place. Many other sports test their athlete for steroid use. These methods of testing and penalizing the athlete are valiant attempts at reducing the problem. Yet, these attempts are not enough because they focus too much on those that use the drugs instead of the sources of the substances. In no way though are the athletes free from blame. They are the individuals that must make the final decision, but there needs to be more of an effort to penalize the persons distributing these drugs. In order to solve any type of problem, one should consider the source of the dilemma, and then head straight for that source with the intent to dispel the struggle. I have a simple solution to propose that will correct the escalating use of steroids among the athletes of today, but it may be hard to accomplish. Although it seems like a good plan to penalize the athletes for using steroids it really is not, because all this does is temporarily lessen the use, nothing more. These athletes are taking the full blame for this problem, but there are others that should share this burden with them. I believe that instead of attacking athletes as though they are the criminals, we need to assault the distributors of these substances. By cutting off the problem at the root, which is the distributors and producers, we prevent the athlete from ever having the chance of getting their hands on these steroids. If we do not address the problem in this manner then it is possible that it could never get resolved. It will continue to grow like weeds in a garden if we do not rectify the issue. Leaving it up to the athletes to refrain from usage allows the substances to continue being circulated, and this does not bring us towards a solution it merely pacifies us. There needs to be some strict fines placed on those that produce or distribute steroids. It is necessary to understand the nature of these substances and what they are. Steroids are natural or synthetically occurring compounds with a wide range of physiological activity, as defined by Encarta Encyclopedia. Steroids are substances that increase strength