Constitutional Law Essays -- International Law

The royal prerogative is a source of constitutional law; it is derived from common law powers that have been handed down from the monarchy to the executive. The significance of the prerogative in constitutional law is that it provides the executive with considerable power to act without following ‘normal’ parliamentary procedures. As Dicey explained, the prerogative is ‘every act which the executive government can lawfully do without the authority of an Act of parliament’. In constitutional terms, it is therefore important to explore the means by which the UK constitution secures the accountability for the exercise of prerogative powers by the executives. Historically the prerogative was exercised by the monarchy, the majority of powers are now used by ministers, and very few remained the personal preserve of the sovereign. The extent to which the judiciary and the legislature are able to regulate the exercise of prerogative powers by the executive has increased. However, there are still some who are concerned by the lack of control that can be exerted by the other constitutional bodies. The challenges to the power of the Monarch was by the reign of James I (1603-25) the monarch was faced with an increasing effective Parliament, culminating in the temporary abolition of the monarchy in (1625). Consequently, the monarchy’s powers were eroded by both revolution and by legal challenges, which included the case of Proclamations (1611) , the monarchy could not change the law by proclamation. The law of the land, which required that the law be made by Parliament, limited the prerogative. In the case of Prohibitions Del Roy (1607) the Monarch had no right to act as a judge, and in the case of the Ship Money Case (1637), although th... ...(1994) QB 349 R v Secretary of State for Foreign and Commonwealth affairs, ex parte Rees-Mogg (1994) QB 552 Full case R v Ministry of Defence Ex Parte Smith (1996) QB 517 Full case R (Abbasi) v Secretary of State for Foreign and Commonwealth Affairs and Secretary of State for Home Department (2002) All ER (D) 70 Full case R (Al Rawi) v Foreign Secretary (2007) 2 WRL 1219 Full case CND v Prime Minister of United Kingdom(2002) All ER 245 Full case Attorney General v De Keysers Royal Hotel (1920) AC 508 Full case Laker airways v Secretary of state for trade (1977) Straw, J, ‘Abolish the royal prerogative’, in A. Barnett Ed., Power and the throne; the monarch Debate (1994) London: Vintage, p. 129. The Governance of Britain, presented to Parliament, by the Secretary of State for Justice and Lord Chancellor, by Command of Her Majesty, July 2007.

Globalization and Youth Essay

Globalization and Culture mean different things to different people and the emerging generation will shape the future of both. There has been cultural implications are central to understanding human side of globalization in youth culture as a whole. Youth are important but the society does not realize this because they are paying attention to more the cultural side of the problem. No longer is it a question of whether globalization is having an impact on all aspects of human life; the more pressing question being asked today is what that impact entails. The core goal is to explore the situated effects of the era in which we are living now on the global and local cultures of young people† according to Jacqueline Kennelly. The youth have come to represent both the moral decline of eroding social fabric and the hope for a new and creative response to challenging times in which global youth cultures have responded to that incorporates the limits and possibilities of the contemporary era. There have been many laws that have made children and the youth enter into the market in ways they should not. The implications of this situation is that young people are now required to turn inward- to themselves and in some cases their families in order to respond to enormous uncertainties and risk associated with modern life. Youth studies appear to have increased on how we need to represent local youth identities and social practices within international, transnational or global contexts. This challenge is repeated across many different types of study and worked through in a variety ways. There is a common thread that will help young people’s identities and lives today must or should be understood with reference to global phenomena and frameworks and in terms of how they can negotiate and are formed in the intersection of local and global contexts. People are beginning to question about youth identities today, one of the key problems is that young people do not realize the gains and losses these youth are facing in the local and global comparison. Many of these studies have realized that youth research examines the impact of globalization on the youth experience and identity and in various ways engages with the local and global dualism as conceptual frameworks that have been studied throughout the years. These studies show more of strengths than weaknesses due to the global levels in focus with the local, national and global levels. The youth have been studied for many years which mean there is a lot to more research about how globalization will affect the many concerns today. Contemporary youth research is conducted in the era of cultural globalization and this means that it can cause more trouble to what is being studied. Globalization in youth is something hard to explain but it is easy to explain when talking about the world as a whole. It shows that youth do have a big impact on the world because they are learning to set an example for when they grow up to show that they can make changes as their role models have. Academic youth and culture have been long understood as inseparable and closely related to one another since education is important if they want to have good paying careers. Most of this information is based on the ethnic culture since we have different types it is hard to know which ones will be successful and who will be the troublemakers. The context of globalization processes understanding and the preservation of ethnic self-identity has become important value for that reason our youth needs to understand that the lifestyle is different from what it was a few years ago because youth are using more technology and seem to know more about situations before the adults tend to know. As Sam George states â€Å" Young people have a symbiotic relationship with globalization that accelerates its influence in their lives†, and studies have shown that people have been denied the existence of globalization of culture. As explained it is widely agreed that there is no such thing as global culture, but it has not been figured out and it hard to explain since youth and globalization have different aspects. It is difficult to discern between global and local influences between the spatial effects of globalization in our everyday lives. This is a special issue that needs to be addressed to the point that the youth cultural spaces that have been immune to social inequalities. As explained in many of these articles we see that youth have created new social and cultural spaces in the global and local communities that experience problems with race, class and gender all over the world. I think youth need to have more focus because everyday in the news something is going on with children getting into trouble or dying for unknown reasons. Such as getting shot for wearing a hoodie or taking unknown drugs that affect them by hanging around bad influences this is an example of how youth culture By mapping and troubling how these frameworks operate in recent research about youth and globalization, Kennelly â€Å"asks how researchers interpret that represent apparent transformations in their lives. † Education also plays an important role in the youth culture because the education systems are organized nationally and there has been suspicion that globalization has been on the rise in these communities according to Julie McLeod. Global or transnational changes do not simply happen in global either and can manifest in particular places and times. As Kenneth Hultqvist (2003) argues while there â€Å" is nothing global or general per se,† globalizing trends and ideas are made â€Å"global by being inserted and translated and put to work on various local (national) contexts†. There have been many studies that can be used and be understood about many ideas and truths about young people in today’s society. It also involves looking at local translations and not only of global discourses in the economic processed and how it impacts the experience of young people. The word â€Å"Globalization† has been widely used in the last ten years of the last century especially after the collapse of the Soviet Union. Globalization appeared clearly in a period a little more than ten years and was based in the USA after the collapse of the socialist bloc . Thus globalization moved in rapid leaps skipping time phases especially after the Information and communication revolution, the arm race, the unipolar hegemony over third-world countries and countries of the previous socialist bloc . Globalization was introduced at the beginning as a modernizing aspect that brings about changes in the scientific block. Globalization was introduced at the beginning as a modernizing aspect that brings about changes in the scientific, just like cultural and political fields that aims at linking economic and technological advancement associating things to establish a new global civilization that is in the interests of the global centre that produces technology and leads the phenomena of the flow of commodities, services, construction and other things prevailing in western countries, especially America , to other countries and third world countries in particular. And we believe that globalization especially cultural globalization has different impacts because at first glance, the concept of globalization calls for the unification of ideas, values and ways of thinking among different peoples of the world as a means providing a broad area of mutual understanding and bringing people closer and securing world peace and these are all goals worth respect and appreciation . This triggered more inquiries about globalization; its nature, facts, illusions, advantages, disadvantages and how to deal with it. According to Nadine Dolby and Fazal Rizvi (2008), â€Å"consider the different forms and intensification of youth mobility- physical, imagined,virtual,desired,enforced- across both local and global spaces. † People in different regions are caught up in the continual circulation of global culture, through all types of media, movies and the internet; this is has recently changed since the circumstances that young people inhabit are different from the past. Young people are affected by the local and global dynamic is represented as a part of how they become modern and it not really understood in social or political shapes the young peoples daily lives. There is a fact that globalization represents the local as acted upon, as powerless in the face of global forces and it is argued that power is not confined to the global. As explained by Jacqueline Kennelly not resolving potential debates and argues that an important and fruitful direction for youth studies can be found in more historically enriched approaches to researching â€Å"young people today†. As discussed in many of these articles about youth culture has given me a better perspective of how that are existent throughout the world. The notion is that the late modern condition of globalization is influenced by such forces that are being met by powerfully globalizing forces. Multiple research has been done throughout the world with economic, academic and other resources has been essential because there has been global, political and social forces causing all the young people from being privileged like other countries. Young people are at the very heart of this unfolding global economic and cultural order. Also to acknowledge the effects of national location with all the local and global relations with the contemporary youth has caused many problems and needs to be changed right away without it becoming a major problem. Many discussions have been done about youth culture in different countries because some people may want to know what is going on with youth especially in global communities since we cannot be close to them.

The Right To Compensate The Athletes - Free Essay Example

Sample details Pages: 3 Words: 975 Downloads: 6 Date added: 2019/05/30 Category Career Essay Level High school Tags: Should College Athletes Be Paid Essay Did you like this example? Whether it be watching football on Saturday afternoons in Fall or trying to predict the perfect bracket for March Madness, many Americans seek to be entertained through college sports. In fact, college sports, namely football and basketball, generate billions of dollars of revenue each year (Edelman, 2017). At the heart of this revenue are the student-athletes who give everything on their respective playing fields, without compensation. Don’t waste time! Our writers will create an original "The Right To Compensate The Athletes" essay for you Create order Some play as a means of funding their education, while others do it for a chance to compete at the next level. Regardless of the reasons as to why each athlete plays, these student-athletes all sacrifice their time, personal autonomy, and physical health and therefore, should be entitled to some compensation for their efforts (Edelman, 2017). College athletes sacrifice countless hours of their time practicing and competing in their particular sport. College football players contribute an average of 43.3 hours per week to their sport (Edelman, 2014). Thus, the time invested in the student-athleters sport is more than that of a full-time job. In combination with their classes, this leaves very little time for student-athletes. Furthermore, the schedule of games and consequent travel to and from said games often entails athletes to miss classes (Edelman, 2014). Between practices, games, and academic life, student-athletes are afforded marginal time of their own; time that could be used to work a job. Moreover, strict rules and regulations for student-athletes warrant constant oversight by coaches, prohibiting many freedoms afforded to non-student athletes. Coaches provide itineraries for players dictating their activities each day (Karcher, 2017). Every aspect of a student-athleters life is scrutinized by coaches as disciplinary action and the potential loss of scholarship looms for those who violate rules (Karcher, 2017). Athleters course schedules are directed by discouraging enrollment in courses that may interfere with their athletic schedule (Karcher, 2017). Until recently, even the amount of food that may be provided to athletes by colleges was limited by NCAA rules (Edelman, 2017). NCAA bylaws and each universityrs athletic program govern student-athleters lives in a manner that is clearly unprecedented and unfair, to say the least. In addition to their sacrifices of time and personal autonomy, student-athletes sacrifice their personal health just as professional athletes do. Every time that an athlete steps onto the practice field or performs in a game, they put themselves at risk of injury. The inherent risks involved with sports range from sprains and concussions to broken bones, paralysis, and in some cases, even death. In spite of the risk of injury, student-athletes continue to compete. The athletic trainers at the universities may provide some treatment but in the case of negligence or improper treatment, it is the student that suffers and who is responsible for the medical bills (Walsh, 2013). Athletic-related medical bills are the responsibility of the student who cannot work due to his or her competing. As college athletes, unlike their professional counterparts, are not classified as employees, they are not entitled to workers compensation or similar benefits (Karcher, 2017). The NCAA does not help to cover the costs of medical bills until they exceed $90,000 (Walsh, 2013). Put into perspective, if an athlete were to get seriously injured competing for their university, then they could end up spending the equivalent of a college education or more for treatment. Despite the sacrifices that these athletes make to represent their particular school, there are a plethora of people who advocate against the paying of college athletes as many of them already receive scholarships covering tuition, room, and board (Wilbon, 2013). However, unlike non-student athletes on an academic scholarship, student-athletes must sign a commitment to the school (Walsh, 2013). Moreover, these students may work a job, whereas athletes are restricted to the type of jobs they may work and prohibited from holding jobs during their competitive season (Garcia, 2014). Although student-athletes receive scholarships, their value to the universities they represent typically exceed the value of the scholarship benefits they receive as the athletes are core members of the schoolrs marketing team (Edelman, 2014). With yearly revenues in the millions of dollars, it would only seem right to compensate the athletes that put in the time and effort to produce such revenue (Edelman, 2 017). Finally, student-athletes more closely resemble employees than students. The control exercised by the NCAA and a schoolrs athletic program in combination with the scholarship agreement which serves as a contract for the athletic services performed on behalf of the school constitutes employee status under common law (Karcher, 2017). As such, student-athletes should be entitled to compensation relative to their value to the school as well as entitlements such as workers compensation. In conclusion, student-athletes at the college level should be paid relative to the revenue they produce. As an athletic program thrives and reaps the rewards, schools should do a much better job of compensating the players who make it possible. At the very least, schools should recognize players as employees entitling them to such benefits as workers compensation in order to protect their well-being. References Edelman, M. (2014, January 30). 21 Reasons Why Student-Athletes Are Employees and Should Be Allowed to Unionize. Retrieved from https://www.forbes.com/sites/marcedelman/2014/01/30/21-reasons-why-student-athletes-are-employees-and-should-be-allowed-to-unionize/#60fe9c848d05 Edelman, M. (2017). From Student-Athletes to Employee-Athletes: Why A Pay for Play Model of College Sports Would Not Necessarily Make Educational Scholarships Taxable. Boston College. Law School. Boston College Law Review, 58(4), 1138-1168. Retrieved from https://search.proquest.com.ezproxy.libproxy.db.erau.edu/docview/1950315470?accountid=27203 Garcia, A. (2014, April 16). Its Time for the NCAA to Pay Student-Athletes. Retrieved from https://reason.com/archives/2014/04/16/its-time-for-ncaa-to-pay-student-athlete Karcher, R. T. (2017). Big-time college athletes status as employees. ABA Journal of Labor Employment Law, 33(1), 31-53. Retrieved from https://search.proquest.com.ezproxy.libproxy.db.erau.edu/docview/2061859981?accountid=27203 Walsh, M. (2013, May 01). I trusted em: When NCAA schools abandon their injured athletes. Retrieved from https://www.theatlantic.com/entertainment/archive/2013/05/i-trusted-em-when-ncaa-schools-abandon-their-injured-athletes/275407/ Wilbon, M. (2011, July 18). College athletes deserve to be paid. Retrieved from https://www.espn.com/college-sports/story/_/id/6778847/college-athletes-deserve-paid