As mentioned as above, under rule of law everyone shall be fair and equal in front of law. One of the important element In Raz’s principle is the independence of judiciary has to be guaranteed. This showing the judicial independence is the fundamental structure of the idea rule of law. In case M v Home office, it implies that even though the individuals representing the executive, the courts still have power to grant remedies against a minister in his office capacity. The courts are armed with coercive powers exercisable in proceedings for contempt of
The ill minded should not be the cause of the abiding citizens of America to lose their rights. The second amendment (the right to bear arms) was within the first 10 amendments to be put into our Bill of Rights. As the supreme court stated, the right to bear arms belongs completely to those as individuals. The purpose of the second amendment to be made was to make sure that the government couldn’t unarm our militias and make federal standing armies. When argued that the Second Amendment is purely to keep from disarming the state militias can not be entirely true, for it is said in the last half of the Amendment itself “the right of the people to keep and bear Arms, shall not be infringed”.
The Judiciary Act of 1789 stated that Congress gave the Supreme Court the power to issue an order such as an order to force Madison to deliver the commission (PH School). Therefore, the Supreme Court was indeed allowed to force Madison to deliver Marbury’s commission, which means that the Supreme Court could have easily had Marbury get his claim for his position in the D.C. court. Marbury did not win his claims because the Supreme Court justices believed that the Constitution had the power to have the Supreme Court to make such orders, not Congress. However, the Supreme Court had declared the Judiciary Act of 1789 unconstitutional as it had conflicted with Article III Section 2 of the Constitution which states that the Supreme Court has to decide cases on the Constitution over the law if they conflict. This was the first example of such an event (Britannica).
According to UShistory.org, “Civil liberties are protections against government actions”. One interesting thing that I encountered while starting this project is that, according to this definition, the Bill of Rights is mostly civil liberties, not civil rights. This left me asking what are civil rights really then? As I continued to read, I discovered that civil rights are actions by the government to make sure that people have equal opportunity. It seems to be that civil rights are more frequently decided by Supreme Court cases than the constitution itself.
The society should not be made to follow rules that are retroactive and inconsistent as I believe that a genuine, fair law must be prospective and consistent. This is what is known as the internal morality of law according to Fuller’s point of view. Furthermore, in my point of view, a state that aims to make its rules and laws consistent and applicable to all citizens regardless of rankings and positions would constitute fairness and produce more effective laws rather than allowing certain rules and laws to be exempted on certain
Some Americans consider same-sex marriage unethical and should have never been legalized in some states. Then there are the Americans that think it should be the person’s choice and what makes them happy. As of May 15, 2017 64% of Americans think gay marriage should be recognized by the law. Another ethical debate, this one dealing with gender is what bathroom should a transgendered person use. In 4 states there a laws that require a transgender to use the bathroom that matches the gender on their respective birth certificate.
In other words, one may suffer great implications if he or she did not know his or her origin. This can be illustrated in the case of distribution of inheritance and marriage. A daughter cannot marry until and unless she gets permission from her wali, which is her biological father. Therefore, Islam encourages marriage and prohibits adultery as it will cause so many problems. Besides that, marriage is encouraged in Islam for the sake of preserving humans’ offspring.
Global movements that regard same-sex marriage should be legal because it is a fundamental human right rise towards the late 20th century (Chamie & Mirkin, 2011, p.529). However, there is an opinion which, for different reasons, regards same-sex marriage as a morally and socially unacceptable catastrophe. This essay is going to present some arguments of both sides in a balanced view before providing a final evaluation of them. One of the main reason for opposing same-sex marriage is that marriage functions as procreation which same-sex couples cannot do. People who advocate the essence of marriage is reproduction and transmission of human life argue that having legal rights such as setting a family would have no meaning in society without having a child.
This paper will talk about how same sex marriage disrupts the original meaning of marriage; the meaning that everyone started with. It will also talk about how it should neither be the end point nor the spring board into pushing the LGBT agenda, and lastly how it hinders the state in protecting the LGBT community. The first argument as to why same sex marriage should not be legalized yet is because of the fact that same sex marriage disrupts the original meaning of marriage; the original, conservative, and heterosexual favouring meaning of the word “marriage”. How do we
Malea Sperling Mr. Pohl College Prep English 12 10 January 2018 Same Sex Marriage The first agreement to allowing same sex was established in 2014, yet the denial was challenged on the Supreme Court. During the evidence and reports of same sex marriage, the Supreme Court figured there would be benefits of the society if people of the same gender were married. Considering to the Court’s decision, the law allowing same sex marriage should be repealed. Couples of the same sex not only can harm children, but it can also cause in rape and violence to the engaged homosexual couple. Based on the court’s decision on why same-sex marriage is legalized, the government’s permission on same sex marriage; however, same sex marriage does not represent equality and should not be legal.