Characterisation and separation of powers - Free Essay Example

Sample details Pages: 4 Words: 1346 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Narrative essay Tags: Character Essay Did you like this example? Introduction The constitutional validity of the Regulating Organic Food Security Act 2014 (Cth) (Impugned Act, hereafter referred to as IA) is an issue that will be discussed in this essay in addition to whether the National Organic Food Security Commission is valid as well. Both of these will be discussed with regards to the issues of characterisation and separation of powers. Head of power/Trade and Commerce Firstly the scope of power in this case is non-purposive and the physical movement of organic food across state borders satisfies the term trade[1], a term which is enumerated in s51 (i)[2] of the Australian Constitution, under trade and commerce. Don’t waste time! Our writers will create an original "Characterisation and separation of powers" essay for you Create order However the issue arises of whether the IA applies to interstate only. It is implied that s 51 (i) does not give rise to a legislative powers in regards to trade and commerce operating intrastate. For the IA to be enforceable upon Healthy Meals Now and Get-it-there-Quick it must purport to regulate intrastate trade and commerce.Despite this even though there is no explicit power to support intrastate trade regulations[3], intrastate trade may be allowed and be regulated if it is intimately connected to interstate trade and commerce[4] as well as if it is fundamentally economically linked with interstate trade and commerce[5] in which case reasonably is. In determining the constitutional validity of the IA, the Commonwealth Constitution head of power must be interpreted. In relation to this, there are two approaches that can be utilised when observing the IA and the first is to view the IA in regards of the narrow à ¢Ã¢â€š ¬Ã‹Å"golden ruleà ¢Ã¢â€š ¬Ã¢â€ž ¢ approach or secondly on a broad interpretation approach. Both of these have similar fundamentals in terms defining words on their plain definition so that it does not create an illogical outcome. Hence to determine constitutional validity it is in essence to interpret the restrictions of the head of power. In this case the effect of the IA should be measured using a broad interpretation of the trade and commerce power. This approach interprets the legislation whilst maintaining that public policy principles that arise from a piece of legislation remain logical. The important point is that there must be attention to the duties that may arise or be eliminated as a result of the IA in addition to the character of powers and any rights in which the IA may create, change or exclude.[6] To establish the constitutional validity of the National Organic Food Security Commission (NOFSC) it must be characterised to its real character as well as its true nature[7]. The direct operation of the IA within s51 ( i) of the Commonwealth Constitution must be considered so that it can be determined whether or not the NOFSC is a legitimate use of power.[8] The courts also have a duty to determine the proper operation of the IA in eliminating, changing or regulating any privileges, duties, rights and powers[9] in regards to all processes of how organic food is grown and manufactured for public consumption, it is also superfluous to ascertain if the IA is desirable or not, either socially or politically.[10] It is clear that the IA retains specific characteristics including creating the NOFSC, an authority with the power to regulate organic food, however in the case that some functions of the NOFSC do not fall within s51 (i), there is no reason to reject the legitimacy of the IA[11]. Implied incidental power may be relevant in this case, as the IA possibly operates separately from the head of powerà ¢Ã¢â€š ¬Ã¢â€ž ¢s subject matter. The main test to determine whether the IA is within inciden tal range is to see if the IA is within logical and appropriate means in terms of its object or purpose in power.[12] Therefore the link of the IA to s51 (i) in respects to Trade and Commerce is sufficient. This is due to the fact that the IA is made in regards to s51 (i) rather than being insufficient or distant[13], which is why a substantial link to s51 (i) is all that characterisation covers in this case. Judicial Powers The next issue is the application of judicial powers to the NOFSC. The separation of judicial powers is not made explicitly distinct under state constitutions[14]. The two main points to consider are that judicial powers must only be to Chapter (III) courts (who can exercise Chapter (III) powers) and that these courts cannot use non Chapter (III) powers.[15] However administrative roles can be utilised if within incidental range. In terms of the parliament, it cannot use judicial powers that may put the IA and the NOFSC under the constitutional powers o f trade and commerce by trying to affirm certain facts. The next question is whether the IA is exercising the judicial power of the Commonwealth. To determine the meaning of à ¢Ã¢â€š ¬Ã‹Å"judicial powerà ¢Ã¢â€š ¬Ã¢â€ž ¢ it should be considered what were the meaning of the words at the time of the creation of the act.[16] Two judicial powers are that of judicial review and being able to make enforceable decisions that involve legal rights. In this case à ¢Ã¢â€š ¬Ã‹Å"Organic Food Rights Nowà ¢Ã¢â€š ¬Ã¢â€ž ¢ is claiming that the IA is preventing the right to healthy food. However even though the power to enforce is specific to courts the power to make other conclusive determinations of legal rights prevent non-Chapter (III) bodies from making judgements that may have an effect on legal rights, as long as these non-Chapter (III) bodies do not have the power to make decisions that cannot be appealed, that is, any conclusive decisions.[17] Thirdly the IA creates the NOFSC whi ch seems to be exercising judicial power, in addition there is a Federal Court Judge who will head the NOFSC which raises the issue of whether the judge is acting in their personal or judicial capacity. The nature of the power conversed is likely to be judicial and by applying the Persona Designata Rule a federal judge, in this case The Honourable Janice Hamilton, may occupy a non-judicial post.[18] The power of the NOFSC to apply punitive penalties is non-judicial. Based on the constitutional validity of the IA the NOFSC does have the authority over the organic food industry to which the act applies. However what this commission is allowed to do at most is to provide references to a Chapter (III) court so that any breaches of the IA can be legitimately enforced. Conclusion In advising Brendon, Get-it-there-Quick and Organic Food Rights Now, it is clear that it was the parliamentà ¢Ã¢â€š ¬Ã¢â€ž ¢s intention to pass the legislation in regards to interstate trade and commerc e in addition to the creation of the NOFSC which allows the Commonwealth to control subject matters specifically in relation to trade and commerce that operate within the incidental range of s51 (i). The IA is hence not unconstitutional. In regards to the separation of powers, the NOFSC is invalid in its decisions that apply to Brendon and Get-It-There-Quick and its decisions should not be enforceable on these parties. The parties should seek an opportunity to represent their case at a hearing and appeal to a court if necessary. Maanik Ruprai 17516642 [1] W A McAthur Ltd v Queensland (1920) 28 CLR 530 [2] Commonwealth of Australia Constitution Act, s51 (i) [3] R v Burgess; Ex Parte Henry(1936) 55 CLR 608 [4] Redfern v Dunlop Rubber Australia Ltd(1964) 110CLR194 [5] Minister for Justice (WA) (Ex rel Ansett Transport Industries (Operations) Pty Ltd) v Australian National Airlines Commission (1976) 138 CLR 492 [6] Fairfax v Federal Commissioner of Taxation (1965) 114 CLR [7] Bank of New South Wales v The Commonwealth(1948) 76CLR1 [8] Australian National Airways Pty Ltd v Commonwealth (No 1)(1945) 71CLR29 [9] Bank of New South Wales v The Commonwealth(1948) 76CLR1 [10] Australian National Airways Pty Ltd v Commonwealth (No 1)(1945) 71CLR29 [11] Murphyores Inc Pty Ltd v Commonwealth(1976) 136CLR1, [1976] HCA 20 [12] R v Burgess; Ex parte Henry(1936) 55CLR608 [13] Re Dingian and Ors Ex Parte Wagner and Anor [1995] HCA 16, 183 CLR 323, 128 ALR 81 [14] Building Construction Employeesà ¢Ã¢â€š ¬Ã ¢â€ž ¢ and Buildersà ¢Ã¢â€š ¬Ã¢â€ž ¢ Labourers Federation (NSW) v Minister for Industrial Relations (1986) 7 NSWLR 372 [15] R v. Kirby; Ex parte Boilermakers Society of Australia[1956] HCA 10, (1956) 94CLR254 [16] Attorney-General for New South Wales v Brewery Employees Union of New South Wales) (1908) 6 CLR 469 [17] Shell Co. of Australia Ltd v Federal Commissioner of Taxation (1930) 44 CLR 530 [18] Hilton v Wells(1984) 157 CLR 57

First Thanksgiving In The History - Free Essay Example

Sample details Pages: 3 Words: 940 Downloads: 4 Date added: 2019/03/29 Category Society Essay Level High school Tags: Thanksgiving Essay Did you like this example? In this essay I will be talking about The First Thanksgiving. Also I will be talking about the people that participated in this event, the events, and landing in America. My thoughts are That the Pilgrims and Indians were friendly that is why that made a Thanksgiving feast to thank each other and the Lord our God. But I do not know if they Pilgrims and Indians were friendly to each other. So, as I will be writing/typing this essay I am gonna learn a lot new things about The First Thanksgiving. In this paragraph I will be writing/typing about the people that participated in this event. The first people that I will be talking about, is the Pilgrims. First question, who were the Pilgrims. The Pilgrims were English Separatists who founded Plymouth in New England. In the early 17th Century, a few English Puritans broke away from the Church of England. One such congregation, originally located in the village of Scrooby in Nottinghamshire, moved first from England to Amsterdam, and then later some left for North America aboard the Mayflower. This group were first called The Pilgrims by William Bradford. The Mayflowers passengers were first described as the Pilgrim Fathers in 1799. The word pilgrim itself simply means a person who travels, especially a long distance, as an act of religious devotion. The Pilgrims (or Separatists) left Europe because they believed that the reforms of the Anglican Church had not gone far enough. In order to be rightful interpreters of the Bible indep endent of an inherited social and culture order, the Pilgrims knew they had to leave England and seperate themselves from Anglican Church. They first moved to Holland. After twelve years of hard life in Holland, the Pilgrims decided to move again. They hoped to find a better and easier place of living, to propagate and advance the gospel of the kingdom of Christ in remote parts of the world, ad to be left alone to live in their own pure and righteous way. They also knew that Hollands truce with Catholic Spain was near its end and the Pilgrims would have been wiped out if Spain took control of Holland. The Pilgrims sailed this ship across the Atlantic Ocean, following a path to a landmass previously discovered by the explorer, Christopher Columbus. They landed in what is now known as Cape Cod. Don’t waste time! Our writers will create an original "First Thanksgiving In The History" essay for you Create order The Indians were Native Americans, also known as American Indians, Indians, Indigenous Americans and other terms, are the indigenous people of the United States. There are over five-hundred federally recognized tribes within the US, about half of which are associated with Indian reservations. The term excludes Native Hawaiians and some Alaska Natives. My thought about what the Indians and the Pilgrims thought about each other, is that when they saw each they started fighting, this is what I think. What really happened was the Pilgrims and Wampanoag Indians did have a harmonious relationship in the early years of the Plymouth Colony. But historians and interpreters say it was based on practical reasons that hold lessons for such relations today. By the time the Pilgrims arrived in Massachusetts Bay they found only one living Patuxet Indian, a man named Squanto who had survived slavery in England and knew their language. He taught the Pilgrims how to grow corn and how to fish, and nego tiated a peace treaty between the Pilgrims and the Wampanoag Nation. Here are some interesting facts about Squanto, the first one is that his birth name was Tisquantum. The second one is he was captured by the Wampanoag, but rescued by Myles Standish and the Pilgrims who did not want to lose their interpreter. The third one is h was likely at the first Thanksgiving in Plymouth. Last but not least Squanto taught the colonists to bury dead fish in the soil for fertilizer. When the Pilgrims meet Squanto, he helped the Pilgrims communicate with the Native Americans. He taught them how to plant corn. He taught them how to catch fish. He taught them where to find nuts and berries. That is why Squanto was really important for them (Pilgrims). In this paragraph I will be writing about the events. What happened was the Pilgrims left their land and came to a place called Plymouth. There the Indians (Native Americans) helped them build houses and find food. The Native Americans (Indians) were the first people to live in America. The Pilgrims left the New World from England; they were seeking freedom from religious oppression. They also left because the Pilgrims believed that the reforms of the Anglican Church had not gone far enough. The date of what is typically recognized as the first Thanksgiving is not precisely known, it is generally believed to have occurred between September 21 and November 9, 1621. The American tradition of Thanksgiving began with a three-day feast that took place in 1621 to celebrate a bountiful harvest. It became cemented as an annual celebration in 1863, when President Lincoln declared a Day of Thanksgiving in the midst of the Civil War. In fact, the pilgrims probably did not eat turkey on their first Thanksgiving. We do know that they ate venison, wild turkey, clams, lobster, mussels, sea bass, bluefish, corn, squash, and beans. In my conclusion I will like to conclude that the first Thanksgiving went really good. The Pilgrims and Indians became very good friends. The Indians taught the Pilgrims how to catch fish and how to grow corn. There would never ever been a day of Thanksgiving if the Indians and Pilgrims didnt meet and become friends. So this is what I would like to conclude my conclusion with.

Problems Related to Climate Change Essay examples

Climate change has been a topic of concern for humanity over the past two decades. In my opinion, it is the best example of the consequences of our actions on our planet. Most countries have taken some efforts and precautions to save the Earth from experiencing further damage. Decline of forests and global warming has affected our lives in more ways than one and in the future, the Earth and its inhabitants might see a more crucial period in their lives, if we neglect this issue. At this point in time, preventing further climate changes is the most important precaution, in my opinion. Unlike events like war, terrorism, and recession, which have direct impacts on the human population, climate change is an indirect consequence of our actions.†¦show more content†¦When trees and plants are cut down, more and more carbon dioxide lingers to the atmospheric air. Thus, deforestation contributes to the increasing carbon dioxide levels in the atmosphere. Carbon dioxide is a major comp onent of the greenhouse gases and greenhouse gases are responsible for increasing earth’s atmospheric temperature. Global temperatures have risen by 0.74 in the last century with 0.55oC rise being observed in the last 30 years (Mertz et al., 2006). Hence an excess of carbon dioxide gets trapped in the air, it indirectly causes glaciers and polar icescapes to melt down. This, in turn, results in an increase in the sea levels, which can be fatal to the earth’s landscape. The rising sea levels have been noticed in the American state of Florida, European cities of Amsterdam and Venice. ( natgeo ). The varying patterns of precipitation also affect agriculture. The increase in carbon dioxide levels and temperature affects the production of crops like rice, wheat, and corn. According to the studies conducted by Easterling and Apps (2005), the percentage of yield for corn and wheat will decrease by 7% with every 1oC rise in temperature. 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Poll the global populationRead MoreThe Effects Of Climate Change On The Environment Of Rwanda, Darfur, And The Democratic Republic Of The Congo1340 Words   |  6 PagesClimate change is a current event that many debate. The National Climactic Data Center reported that, as of June 2012, the average combined global land and ocean temperature was 0.63 degrees Celsius higher than the twentieth century average. This is the fourth highest temperature ever recorded. Many credible sources, such as a number of United Nation bodies, the International Panel of Climate Change, and academic scholars state that climate change cause resource scarcity. A lack of resourcesRead MoreClimate Change Is A Serious Problem For The Planet Earth975 Words   |  4 Pages Climate change is the rise in the temperature of the earth’s surface mainly credited to the increased levels of Carbon dioxide in the atmosphere. Climate change is a serious problem for the planet earth that have leaders fro m around the world worried about its effects. The rise of sea level, the melting of the glaciers on Antarctica due to the emission of carbon dioxide (CO2) and other greenhouse gases in the atmosphere is threatening the life of people living in many different big cities aroundRead MoreThe Economics Of Climate Change1400 Words   |  6 PagesThe Economics of Climate Change The world economy is a very complex system; in the system harmful externalities disrupt capital flows and determine economic productivity. Most notable of these externalities is inadvertent global warming. Spending towards research and regulation of climate change at both the national and international level are very important in determining current and future business trends. 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This will help authorities at high levels, NGO officers, local residents and other beneficiaries as they can evaluate the â€Å"effectiveness† of water-related interventions. The robust indicators will help to adjust the adaptation targets for giv en times, to ensure the accountability to stakeholders, to provideRead MoreClimate Change : A Look On Public Health1261 Words   |  6 PagesEnglish Composition 3 November 2015 Climate Change: A Look on Public Health What will happen to the future of humanity if climate change is allowed to have its way with the human race? What disasters will climate change force upon civilization? Will the human race slowly be extinguished? What will happen to individual people as the Earth’s climate gets more and more violent? Climate change will affect the general public’s health; the only question is â€Å"How much?† Climate change’s effects are very realRead MoreClimate Change ´s Impact on the NY-NJ-PA Part of the US1088 Words   |  4 PagesRecently, the environment issues are becoming more and more serious. The increasing of greenhouse gas emission and pollutions lead to many environment problems related to climate change. The climate change impact our urban life in many aspects. As the biggest metropolitan area in US, New York-Newark-Jersey City, NY-NJ-PA Metropolitan Statistical Area has a population about 19,831,858 by year 2012 (U.S. Department of Commerce, US Census Bureau, 2012) The population has been increased by 1.35% sinceRead MoreClimate Change And Its Impacts On The Environment935 Words   |  4 Pagesthe deterioration of the earth and one significant factor is due to the issues of climate change. Majority of environmental as well as social scientist that cares about the world defines climate change as the primary source of global risk since it could have severe impacts on the future generations. In addition, the general meaning of the term ‘climate change’ is defined as the change in regional or global climate patterns and it is mainly caused by human activities such as deforestation and emissionRead MoreClimate Change : Human Activity1015 Words   |  5 PagesClimate Change: Human Activity is to Blame Climate change is an extremely serious threat because it affects every living thing on the planet. Climate change can have destructive effects like causing extreme weather events, ocean acidification and increasing global temperature. These are only few of the effects of climate change and if it continues can even cause the extinction of humanity. Much of the scientific community agrees that our use of fossil fuels is the cause and our continued dependency

Globalization A Powerful Weapon of the United States

Introduction On the 17th of December 2010 a young street vendor from Tunisia, frustrated, set himself on fire, and died a few weeks later as an infliction of this self-immolation. Mohamed Bouazizi became a symbol of freedom, and his later death was dubbed as part of a group of heroic martyrs of a new Middle Eastern revolution.1 These young men and women, whose pictures and names became national icons, were from all over the Arab world. They were all after the same thing; an end to the suppressive evil that they have witnessed throughout most of their lives and to many their entire lives. A few weeks later, inspired and encouraged by the events in Tunisia and the successful ousting of the Tunisian president Zine El Abidine Ben Ali,†¦show more content†¦Slowly Europe was open to American cooperate and cultural sway, this later lead the US to divert its attention to the post-colonial overseas territories of the war exhausted Europe. The ingenious of the Marshal Plan proved it not just a short term financial investment but also a political one. It allowed for a new form of imperialism, in which a strong traditional colonial apprehension was not eminently present. By focusing on funding civil society organizations and governments, donors can create a vicious circle of dependency. This allowed for the creation of priorities in providing aid and viewed as a whole, it created political dominance. On a collateral level vast amounts were supplied as military aid directed at providing for the interests of American security and corporate presence. However this â€Å"fi nancial assistance† created in the aid dependent countries, like Egypt and many of the African nations, regimes that not only cooperated with US interests for the incentive but also repressing their populations for survival. 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Community Health Department Investigation Free Essays

The Health Department received a letter notifying them of a possible health problem in regards to students at Truman and Jackson Middle Schools. It is my duties as a member of the investigative team to find out if there was an increase of absences and for what classes. In looking at the charts it would appear that the absences occurred for the band classes at Truman and Jackson Middle Schools on May 20th. We will write a custom essay sample on Community Health Department Investigation or any similar topic only for you Order Now The chart shows an absent rate of 33% for Truman and 25% for Jackson (â€Å"Independent School District 12 Intranet†). According to the letter from the principal at Truman Middle School she is concerned that a flu outbreak could be the cause of the student’s absences but there is also information from the Health Department inspections that shows restaurants with violations such as: sanitation, food storage, and food preparation. My first hypothesis would be that the students from Truman and Jackson were absent from school on the 20th because they ate at one of the restaurants and caught food poisoning. Several of the students had similar symptoms such as: diarrhea, fever, and vomiting which kept them from attending school. My second hypothesis would be that the students from the two schools came in contact with another which could have lead them to transmitting the flu to one another. This would be supported by the fact that on the calendar of events the students attended the Battle of the Bands on May 19th, which was a day before the absences started taking place. There are six testable questions that could help with the investigation: how close are Truman and Jackson schools, did other band students from Kennedy and Roosevelt report the same symptoms, was there direct contact between the students at Truman and Jackson, were the band students from Kennedy and Roosevelt in contact with the students from Truman and Jackson, was the reported illnesses from students who played the same instrument, and how close are Kennedy and Roosevelt to Truman and Jackson. The following statement: â€Å"The Brentwood Indians basketball team lost the state championship because there is bad stuff in the stars happening with Mars in Aquarius†, is not a suitable hypothesis. In order for â€Å"bad stuff† to be tested we would need to know what exactly it is that they are referring to as â€Å"bad stuff†. How to cite Community Health Department Investigation, Essay examples

Financial Crisis 1997 Impact to Malaysia free essay sample

Thillainathan; and Ms Rosliza Musa for the graphic presentations in this paper. The usual disclaimers apply. Chapter present financial crisis is very different from the one Malaysia experienced in 1998. In 1998, Malaysia suffered a contraction in Gross Domestic Product (GDP) growth due to the Asian financial crisis which originated from Thailand. In contrast, the present crisis did not start in Asia or Malaysia but is due to the weaknesses in the United States financial industry which escalated into a severe international financial crisis and deep slump in global trade and global recession by late 2008. The world? major economies, in particular the US, the European countries and Japan, are experiencing the worst economic contraction since the Great Depression of the 1930s. Being a small open and export-dependent economy, Malaysia has not been spared from this external shock. The negative shock was transmitted to the Malaysian economy in the fourth quarter of 2008. Exports and industr ial output deteriorated and investments declined. We will write a custom essay sample on Financial Crisis 1997 Impact to Malaysia or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Consumer sentiment was also adversely affected. As a result, GDP growth in the fourth quarter of 2008 was significantly lower at 0. 1% compared with an average of 5. 9% in the first nine months of the year. It is fortunate that Malaysian banks have negligible exposure to securities linked to US subprime loans, and Malaysia? s financial institutions and banks are in a better shape today than they were during the Asian financial crisis. 1 However, prominent local economists 1 Bank Negara Malaysia Annual Report 2008. 1 forecast that though Malaysia may not witness sharp downturns as compared with that of 1998, this may be a longer recession than the one in 1998. 2 This paper intends to examine the impact of this global financial crisis on the Malaysian real economy sector and discuss the policy implications for the economy. Chapter 2 presents an overview of the Malaysian economy after the Asian financial crisis (AFC). This chapter shows that after the AFC, Malaysia became more export-dependent, with the external sector overtaking private investments as the main driver of growth in GDP. Private investments, both domestic and foreign, declined in the aftermath of the AFC. Despite the government? s continued efforts to provide new investment incentives to a broad range of industries, investment as a percentage of GDP has not returned to its pre-crisis level. Chapter 3 identifies the channels through which the current global crisis affected Malaysia. There are two key channels through which the US financial crisis has been transmitted to Malaysia, namely, the trade channel and the finance channel. This chapter also shows how the global crisis is then transmitted to the Malaysian real economy, leading to a fall in consumer spending, job losses and a fall in the country? s income. Chapter 4 describes the government policies adopted in response to this global crisis. Chapter 5 provides concluding remarks and policy implications. 2 StarBizWeek, roundtable discussion on the impact of the global crisis on Malaysia, 28 February 2009.