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Past Legal Mistakes Influencing England Laws in the Future
Past Legal Mistakes Influencing England Laws in the Future
Name
Institution
AbstractMaking of laws occurs when a specific need arises to have such rules in society. The English law evolved from emerging issues in the community, which were not well handled, hence saw the need to create rules that could be followed by every individual in the nation. These laws created a uniformity in the legal processes in every legal institution hence a belief in the England legal systems by citizens of the country. Past mistakes influence the laws of the future as it lays down the concepts of the laws, leads to periodical changes and improvement in the laws and separation of duties and responsibilities in legal affairs. Mistakes that happen when the laws have not been made guides on making the laws. However, the mistakes occurring due to lack of rules concerning the issues in question can be prevented through proper planning and analysis of people’s needs. The specificity of laws is helpful to easy understanding, application and implementation in everyday activities. The laws are, therefore influenced by legal mistakes that occur in the past.
Contents
TOC o “1-3” h z u Abstract PAGEREF _Toc28812510 h 21.Introduction PAGEREF _Toc28812511 h 32.Influences PAGEREF _Toc28812512 h 4 2.1Gives foundation of concepts of the law PAGEREF _Toc28812513 h 42.2Periodical changes and improvement in the law PAGEREF _Toc28812514 h 62.3Separation and division of responsibilities and roles PAGEREF _Toc28812515 h 73.Measures to take to avoid mistakes in law. PAGEREF _Toc28812516 h 93.1Allocation of roles PAGEREF _Toc28812517 h 93.2Expert advice consideration PAGEREF _Toc28812518 h 93.3Future problems forecast PAGEREF _Toc28812519 h 10Conclusion PAGEREF _Toc28812520 h 10References PAGEREF _Toc28812521 h 11
IntroductionIn England Law, anyone who commits a crime and is above the age of ten years must undergo judgement. This law advocates for criminal responsibility at a lower age. English laws have been developing over the years, with increasing issues that keep emerging in the society. Other acts that do not suit them applies to handle such cases due to the lack of rules governing emerging issues, hence poor judgements. Constant mistakes on decision lead to improvement and developments of new laws that control such types of cases. Faults created by the law enforcers give them a suggestion on the constituents of the constitution to make in the future. Lack of common knowledge on the laws lead to different judgements hence the mistakes were considered in developing new legislation. However, preventive measures help to avoid such errors. Therefore, legal mistakes from the past can influence the law in the future.
InfluencesGives Foundation Of Concepts Of The LawLaws are formed from issues that occur in the society. Therefore, the emerging issues and cases gives the basis of the concepts required in the law made. As mistakes are committed by legal entities, it creates more reasons for creation of a law to support the issue in question. As issues emerge especially on legal affairs, it has to be connected to a certain law already stipulated, which may fail to directly relate hence improper judgement. If this fails to relate to any of the laws, a new law must be created to cater for such issues in the future to avoid the current mistakes occurring. This shows that the future laws made depend on the past mistakes and is the basis for the details included in the law.
Using the case of the increasing role of the judiciary, actions taken depend on challenges experienced with the rising roles. The constitution success is a coordination between the judiciary, executive and the parliament. A well-stipulated relationship between the three arms of government creates a coordination that ensures the proper running of the government. The changes of the administrative roles to handling human rights issues required independence of the judiciary, not to entirely rely on the other arms. The increased role led to creation of a reform. However, it did not include the relationship between the judiciary and the other arms of government.
The consolidated roles created more impacts hence influencing more people to advocate for the separation of the power to grant judiciary its independence state. The then-existing constitutional reform had not laid down the separation of power hence anticipated for a more developed act. It could not be supported since it did not include the executive development, and it addressed immediate challenges rather than forecasting future demands of the people (Duxbury, 2017).
The existing laws impact led to various parties taking actions to improve the working of the judiciary. Parties created proposals to amend the constitution, starting with the office of the Lords chancellor. A position of the secretary was introduced, and chief justice placed the head of the judiciary. This act increased the relationship between the arms of government by reducing executive damages by ruling out on executive to respect judicial decisions and allow it to work independently. This ruling required a protection for the judges who may fail to work under undue political pressure that may occur during everyday decision making. Lack of separation of the arms of government had influenced the conflict between home secretaries and senior judges. The conflict arose due to shared duties undertaken by both parties; hence both thought the other is performing its role, therefore poor performance.
The constitutional reform act 2005, with specific roles, developed due to the challenges experienced as a result of lack of stipulated laws. The act is now called the Concordat (“Constitutional Reform Act 2005”, 2020). It not only separated the roles but encouraged collaboration in the decisions affecting the governing of the judiciary and the operations of courts. Since decision making in the judiciary follows the hierarchy strictly, the management is quite flat as there are separate personalities of individual judges lives to work lives. Since the reform bases on the current situations, more reforms may be done in the future to cover the gap for anticipated gaps and challenges in the future. Unfortunate judiciary operations mistakes led to the making of improved laws in the constitutional reform act 2005, with separate responsibilities.
Periodical Changes And Improvement In The LawImprovements in already made laws occur periodically due to more issues that emerge from time to time. Laws made are not statistic hence keep changing with new developments in the legal processes. When a law is made, it is usually flexible to allow for addition of details, improving of concepts and including more ideas to cover every issue. Specificity is also important hence laws that are not about a specific issue is improved later to ensure it is easily understood by every party that the law is guarding. Unspecific laws lead to assumptions in legal issues which, leads to unbinding judgements. These conclusions are done mistakenly hence improvements are undertaken to improve such laws and ease judgements.
The laws of privacy in England system, for instance, is developed periodically due to frequent emerging issues of privacy. Privacy has come to be deemed necessary in ensuring a decent living of individuals in the society hence formed the law of confidentiality to protect individual’s privacy. However, in the recent past, the constitution never recognized the importance of privacy and was not included in the laws until it started developing. Privacy is the right to be left alone or be given some space to perform personal activities. The act of privacy was deemed necessary after committing a mistake, thus vital to have such laws to protect people.
The privacy law developed from handling regulations, to considering the rights of humans, hence increased its constituents with time. For example, in the case of A.s v Norway, a mother sues a domestic authority for refusing to terminate foster placement of her child and not providing the contract or allowing her to know where he is. Although the case was not well handled due to lack of stipulated laws in the constitution, the government noticed the woman’s efforts. It allowed her to make submissions on the relevance of the case according to her. Privacy is defined by Hellen Fenwick as giving individuals the right to use their principles other than those laid out.
A need to have privacy laws was encouraged through debates and judges’ suggestions. The English Law did not particularly have a description of the law of privacy. However, due to suggestions and debates from parties and individuals, there was a need to create a rule that ensures people’s protection. The England government along with the judges saw the need for privacy law after a court handled a case of a person acting out of goodwill but end up being in the wrong after invading into someone else privacy and goes to court (Colvin, 2002).
More issues on privacy kept being received in court leading to more developments. These are cases such as of breach of confidence and trespass. In 2003, the human rights act transformed into domestic law, covering the issue on privacy. In article 8 of the convention of human rights, states that “everyone has a right to respect for his private and family life, his home and his correspondence” (“Article 8: Respect for your private and family life | Equality and Human Rights Commission”, 2020). The privacy laws kept expanding, with more debates on other forms of privacy on trespass and breach of confidence. This case led to the development of the law of privacy in ECHR Human Rights Act 1998, with specific requirements in each breach of privacy. The privacy laws influenced by the mistakes made by judges in rendering a verdict in previous privacy cases.
Separation And Division Of Responsibilities And RolesIncreasing roles and responsibilities led to a rise in workloads, which had to be solved through division of responsibilities. When laws were made in the first place, roles and responsibilities were delegated to specific entities to undertake them no matter the work load that comes with it. However, huge loads of work to handle leads to many other mistakes in operations which decreases the loyalty of citizens on the laws. To avoid such mistakes, the laws are improved to ensure each entity handles amount of issues it is comfortable to work with. This is through separation of operations for larger entities to sub-departments and division of individual responsibilities. The mistakes done in the past leads to the improvement of the laws to fit the current conditions of legal affairs.
The allocated high court roles of dealing with civil cases needed distribution of the task to other entities. This is because there are too many cases to be handled in court, with no divisions and specific individual roles. The high courts and county courts handled all the cases. The claimant has the right to choose where the processes would start; in the high or county courts. The choice may either be due to financial reasons, the complexity of the case or the impact on a party’s lives. Civil affairs are mostly resolving issues individuals but private bodies such as judicial review take part in the case (Dyson and Randall, 2015). Every case that is presented to any of the courts had to be heard no matter the complexity.
Consequently, tribunals were brought to the tier system to ease the high courts from handling a lot of cases at once. Her majesty courts and tribunal service manage the first-tier tribunal and the upper tribunal. This involved case of divorce, money claims, help with fees and social security tribunal forms. In 2013, the tribunals involving housing was placed under property chamber jurisdiction. Tribunals on housing, renting, leasing of land and houses and land registry all fell under the property jurisdiction. Upper tribunal cases may be forwarded to the court of appeal if it is complex to be handled by the tribunal chamber. The tribunal reduced the work load in the high court and county courts since other cases presented to the courts could now be handled by the tribunal. Previous challenges influence the future laws of separation of the court roles.
Also, well stipulated procedures of the courts informed participants on actions to take and court requirements during case trials. For example, charges on the cases were not well stipulated; hence individuals were not aware of the allocation of the track. The English legal system gave civil proceedings requirements, whereby the parties provide evidence to support their claims regarding the case in hand. Such laws were of help to the courts as it now separated each section to perform own functions and not as before where all the activities were conducted by the same one entity. Questioning witnesses is also allowed in this system to find the truth, and the correct verdict m in the case (Doherty, 2005). Witness statement gives the first foundation, then the experts opinion follows. This legal system has made court proceedings easy to handle due to the knowledge received hence aware of the expectations at each level of a case proceeding. Failures led to laid out procedures of the court activities and division of responsibilities, which eases the then work load.
Measures To Take To Avoid Mistakes In Law.Allocation Of RolesThe first measure is to consider future challenges that may occur before judiciary breakdowns and separation of powers of the branch of government. Distribution of tasks ensures a total management of responsibility to achieve the set goals set by the government. Considering current challenges only results in frequent changes in the judicial process to try to cater to emerging issues that need to address. Separation of power should support various concerns forecasted to cover most of the problems at once and for an extended period. Citizens tend to appreciate the consideration of their future is considered and rights protected.
Expert Advice ConsiderationIn developing privacy laws, expert advice is vital as it covers all the privacy issues. The development of the code used the emerging issues brought in court rather than the expert advice on privacy law enforcements. If privacy law was well developed, encompassing all the aspects under privacy, occurring of poor judgements would be minimal. Also, there will be an avoidance of the different views for the same kind of claims as every judge would be informed on various verdicts for different situations.
Future Problems ForecastWhen making laws future problems must be considered. The individuals taking cases to courts are probably not aware of the procedures for proceedings; hence more time is taken till judgement. Therefore, a well-stipulated system and awareness should be created to every party before starting the operations. Parties should know the costs involved, evidence to be provided, and the effect of each of the judgements that might happen on them. The different types of courts and cases they handle are also helpful to help them decide on the court to approach for one specific instance.
ConclusionLegal mistakes that occur in the past give a direction on the laws made in the English system. The rules develop with time depending on emerging issues in the law and cases taken to court. The cases that occur are brought to the authorities. As the code grows, more responsibilities increase. For example, the judiciary, hence requiring more divisions and leadership to handle all the issues at once. The judiciary manages human rights issues, thus need to be independent to make decisions faster to serve the affected individuals on time. Also, the development of the privacy laws is due to the mistakes committed to giving unjust judgements on privacy cases. The cases are differentiated hence could not be handled the same way thus development of specific privacy laws was essential. Besides, before the emergence of civil courts of England, cases were poorly managed, leading to poor judgements and taking a lot of time before completion. Such mistakes influenced the making of laws. These mistakes could be avoided by forecasting future problems to include them in the rules made currently. The standards have improved due to previous legal challenges. Therefore, legal mistakes from the past influence the laws of the future.
ReferencesArticle 8: Respect for your private and family life | Equality and Human Rights Commission. (2020). Retrieved 1 January 2020, from https://www.equalityhumanrights.com/en/human-rights-act/article-8-respect-your-private-and-family-lifeColvin, M. (2002). Developing key privacy rights. Oxford: Hart.
Constitutional Reform Act 2005. (2020). Retrieved 1 January 2020, from http://www.legislation.gov.uk/ukpga/2005/4/contentsDoherty, M. (2005). English and European legal systems. London: Old Bailey.
Duxbury, N. (2017). Judicial disapproval as a constitutional technique. International Journal Of Constitutional Law, 15(3), 649-670. Doi: 10.1093/icon/mox051
Dyson, M., & Randall, J. (2015). CRIMINAL CONVICTIONS AND THE CIVIL COURTS. The Cambridge Law Journal, 74(1), 78-108. Doi: 10.1017/s0008197314001111
Journal of Human Rights and Social Work, 4(3),
Part A
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Institution
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Part A
Introduction
The main topic of the essay is on how stereotypes influence relationships between people from different countries. Stereotype refers to a generalized image of a group of people that is inaccurate and often offensive. It affects how we think about and interact with those people. Relationships between people from different countries are often influenced by stereotypes. For example, many Europeans believe that Americans are arrogant and superficial. Americans might think that Europeans are uptight and nit-picky. Because of these stereotypes, interactions between people from different countries can be difficult and sometimes unpleasant. However, stereotypes can also be fun and informative. For example, we might learn a lot about someone from their stereotype. So, in the end, stereotypes can have a serious impact to the relationships between people from different countries, but they can also be fun and informative. Stereotype is supposed to be something we all try to avoid, but it’s everywhere. Stereotype is critical matter that should be observed but also transcended, or at least that’s what I tell myself. It’s like a disease we all catch from time to time, but it doesn’t have to be debilitating. Americans tend to stereotype Europeans in a number of ways. For example, Europeans tend to think that Americans are materialistic and superficial. Americans, on the other hand, tend to stereotype Europeans as lazy and unsophisticated. But even though these stereotypes are often accurate, they can be frustrating because they prevent us from getting to know each other better. Stereotypes play a big role in relationships between people from different countries because they often affect how we think about and interact with each other. Stereotype has significant impact to the relationship of people from different countries.
The title is me talk pretty one day and the author us David. David has presented information about stereotypes and relationship of different people. Europeans make stereotypes about Americans, and Americans make stereotypes about themselves. Europeans perceive Americans as lazy, loud, and materialistic. Americans perceive themselves as hardworking, polite, and patriotic. The narrator compares the two stereotypes and how they are both true to some degree. Americans are just as materialistic as Europeans, but they are also patriotic and polite. The narrator concludes that the stereotypes about each country are not always accurate, but they are still interesting to think about. Relationships are built by people even in different countries based on stereotypes. For example, Americans tend to stereotype Europeans as being uptight and stingy with their money. This causes tension in relationships because it is hard for the Europeans to understand why Americans think this way about them. Even if the Europeans try to be understanding and respectful, it is difficult because they are not used to this type of treatment from Americans. In turn, the Americans often feel like they are being judged unfairly. This can lead to a lack of trust and communication between the two parties. Stereotypes can also cause conflict when people from different countries see themselves in a negative light.
The event in the story happened that way because the Europeans think that all Americans are drunken, fat, lazy people who live in huge houses and drive enormous cars. The Americans think that all Europeans are snooty, arrogant people who spend their lives in luxury and never work a day in their lives. The truth is that there are people from both sides of the Atlantic who fit into each stereotype, but the stereotypes themselves are not accurate. In reality, people from both sides of the Atlantic are just as different as they can be. Europeans, for example, are not all fat and lazy; some of them are really smart and hardworking. Stereotypes might affect relationship in the positive way too. For example, some people might stereotype Asians as being smart and industrious. This can make it easier for the Asians to fit in and be accepted by Americans. However, this type of stereotype can also lead to discrimination. So, overall, stereotypes have a significant impact on relationships between people from different countries. They can cause tension and conflict, but they can also help to build bridges between people.
I have ever experienced similar story in my life. I was at a party with some friends and one of their European friends made a comment about all Americans being lazy. I could tell that my American friends were offended by the remark, so I quickly countered with an attack on my own people. I said that Americans are always so quick to judge other cultures and accuse them of being dumb or lazy I even went so far as to say that Americans are the only people who can be so judgmental. The Europeans were surprised by my rant and they started to ask me questions about American culture (Taylor, 2019). I answered them as best as I could because stereotype is a pretty accurate way of describing American culture. People should choose to use stereotype appropriately or not at all. I think that Americans like to think of themselves as laid-back and spontaneous, while Europeans see Americans as arrogant and overbearing. But in reality, most people are just trying to figure out who they are. And I think that’s a good thing. It means we’re always growing and learning. Which is why I like to pledge allegiance to the bag–not because it’s lazy or unproductive, but because it’s full of surprises. And that’s the best kind of life–full of new discoveries.
There are a few ways that stereotypes can negatively affect relationships between people from different countries. First, stereotypes can cause tension and conflict. This is because they can create unfair feelings towards the other and thus why they might end up not trusting or communicating with each other. Second, stereotypes can lead to discrimination. This is because they can make it difficult for people from different countries to be treated equally. For example, if someone from America is stereotyped as being selfish and insensitive, they might not be treated fairly when trying to get a job or deal with other people. Finally, stereotypes can lead to a lack of understanding. This is because they can limit people’s ability to see things from the other person’s perspective. For example, if someone from America is stereotyped as being rude and aggressive, they might not be able to make friends with other individuals and this really can have a negative impact on their life. Overall, stereotypes can have a significant impact on relationships between people from different countries. They can cause tension and conflict, but they can also help to build bridges between people. Stereotypes can also lead to discrimination, a lack of understanding, and ultimately a weaker relationship. So while they are often negative, it is important to be aware of how stereotypes can affect our relationships. If you notice that your relationship is suffering because of a stereotype, it may be time to try and change the way that you think about the person from that country. After knowing the image of the other individual, it is easier to have a more balanced viewpoint and treat them fairly. In the long run, this will make for a stronger relationship.
References
The short story/pledge allegiance to the bag by David Sedaris
Taylor, E., Guy-Walls, P., Wilkerson, P., & Addae, R. (2019). The historical perspectives of stereotypes on African-American males. Journal of Human Rights and Social Work, 4(3), 213-225.
Research Methods short response
Part A
Devah Pager wanted to find out how the effect of a criminal record might influence people’s chances of finding a job and how that process might differ depending on the race of the job applicant. In her experiment, the variables were: applicant call back, race and criminal background. The independent variables are race (white or black) and criminal record (no record and with a record). These independent variables are the cause and their values are free of other factors in the study. The dependent variable, job call back, is the effect that depends on the changes in the independent variables.
Part B
The experimental audit study approach allowed the researcher to randomize the criminal record characteristic about the job applicants in the study and sent the individuals into the field to test the effects of race and criminal records on the chance of one getting a job call back. The methodology was necessary to scientifically investigate the relationship among the variables because it facilitates examination of difficult to detect and quantify behaviors such as racial discrimination in a real-world scenario.
Part C
The findings of this scientific experiment are important because they highlight the problem of mass incarceration in the United States and how the social issue translates into the process of finding jobs. There is a cycle that exists as white and black young men find it increasingly difficult to reintegrate into the society. The findings indicate that employment opportunities are distributed with discrimination as there is a direct effect of race. Black applicants without any criminal record fairs relatively the same with a white applicant with a criminal record. The findings help us to better understand about how our society works with reference to discrimination and the effects of race and securing employment. It is clear from the study that the mass incarceration policy in the U.S. justice system has led to employment and racial inequalities.
Sociological Question
Is there a direct relationship between the mass incarceration issue in the U.S. and the ability of black men to find equality in the job market?