Democracy and development-xz Essay Example | Topics and Well Written Essays - 1000 words

Democracy and development-xz - Essay Example The analysis of law by the Supreme Court can be understood as destructive or proactive depending on an individual’s beliefs and opinion. However, individual beliefs and opinion are not the primary focus of the judicial system. In this perspective, political struggles emerge with opposing and proposing sentiments (Stone  78). Some citizens and scholars understand the importance of judicial activism while others argue against it. Judicial activism inclines to contradict the essence of democracy. Many judges oppose various clauses in the constitution and consider it wise to alter those clauses to make them conform to their personal or group beliefs. However, constitution demonstrates democracy, which all individuals should apprehend for the best interest of the public (Jordan  56). The constitution is a living representative of the opinion and beliefs of the majority in the United State. People elect senators and representatives who alter and add to the constitution to make it speak for people. To this end, if the constitution is not apprehend as a structure of justice, then the structure of justice will be left in the hands of individuals, therefore contradicting the fundamental nature of democracy-rule of citizens (Reitz  67). Individuals that advocate for judicial restraint argue that judicial activism may increase the likelihood of the United State been coerced into a state of anarchy. The concept invalidates the purpose of the rule of law, which is to eradicate the sense of injustice and reality of injustice. Judicial activism slows the process of trials and increases the uncertainty and victims may not understand it as objectively just. It reduces the chances of a peaceful process of settlement of disputes and temptation to violent on individuals in attempting to obtain justice emerges. Violent self-help brings about vigilantism and finally anarchy. Supreme Court judges not only interpret the constitution to suit their personal interest but also make

European Human Right Law Essay Example | Topics and Well Written Essays - 1000 words

European Human Right Law - Essay Example In addition to this, some organizations have come up to have the claim for adequate housing for all persons covered by the ECHR. This paper will consider the different articles in the ECHR under which these issues may be addressed. Basing on the articles, this paper will examine the likelihood of a case against a ban on all abortions, and on smoking in cars to succeed before the ECtHR. In addition to this, this paper will also analyse the possibility of a case in support of a claim for adequate housing to succeed before the ECtHR. Against a Ban on All Abortions Converse to assertions made by some organizations, there is nothing like a ‘right to abortion’. No explicit law is contained in the ECHR that offers a legal basis to abortion2. When the Convention is carefully read, it becomes evident that the life of a foetus is also given importance. There are instances where an abortion is called for on grounds of endangering the life of the woman. Considerations of Article 2(1 ) and Article 8 provide the basis against which cases on abortion may be ruled. Article 2(1) starts by stating that â€Å"Everyone’s right to life shall be protected by law.† The term ‘Everyone’ definitely refers to all men and women, both young and adults. This term, however, is not inclusive of foetuses. This is the form of before nine months after conception. An argument may be presented along this line that the foetus does not qualify to be covered by this article. The right to life of the foetus can in no way be ruled to be superior to the right to life of the woman3. Since the life of the woman takes precedence, the right to her life is given more weight than that of the foetus. Looking at Article (8), the ECHR protects the right to privacy4. The woman is protected explicitly by this law. A woman seeking to procure an abortion is, therefore, covered under this law. It is her right to do whatsoever she wishes, without outside interference. An absolute ban on all abortion means that the woman no longer has her private life. A case that has been brought to the ECtHR against the ban on all abortion is likely to succeed since a ban on abortion impinges on the rights of a woman to have her privacy. Against a ban on Smoking in Cars Smoking, when done in a car is within the bounds of private space. Article 8 of the ECHR focuses on the right to respect for private life. This section protects individuals from the intrusion by agents of state into their personal lives. A personal car is private property, and when one is in it, is entitled to the freedom to do as they please5. Whatever happens when one is in their car constitutes private life, and as such, should not be interfered with by authorities. A ban on smoking in cars is an intrusion by agents of government on the private space on a person. A case presented to the ECtHR against a ban on smoking in cars is, therefore, most likely to succeed. There might, however, be a case whereby t hough smoking is done within the confines of a personal car, others are affected6. If a person smokes in their car when the windows are down, the smoke is bound to reach others. If these people, due to health, personal, religious or whatever reason feel that the smoke reaching them is a disturbance, then they have a right to complain. They are entitled to protection from the smoke which is interference on their privacy. In such a case, the ECtHR may rule to have the person