The Government intends to table the Clothing Degrading to Women (Prohibition) Bill 2011 in Parliament, following the example of other European Countries. The title of the Bill indicates that inter alia, the Government’s main intention is to promote gender equality across all cultural and religious groups in then UK. This memo discusses the legal feasibility of this Bill.
Principle of Minimal Criminalisation
This principle states that conduct should be criminalised only when ‘absolutely necessary’ as mentioned by Lord Williams of Mostyn. Recently, Parliament has too readily accepted that particular conduct is sufficiently harmful or wrong to warrant criminalisation rather than using less coercive methods of regulation. So the question to consider in this case would be whether this particular type of clothing as mentioned in Section 1 needs to be criminalised in order to protect liberalism and individual autonomy in society. Lord Williams of Mostyn further develops this principle by saying that "In considering whether new offences should be created, factors taken into account include whether: the behaviour in question is sufficiently serious to warrant intervention by the criminal law; the mischief could be dealt with under existing legislation or by using other remedies; the proposed offence is enforceable in practice; -- the proposed offence is tightly drawn and legally sound; and -- the proposed penalty is commensurate with the seriousness of the offence. The Government also takes into account the need to ensure, as far as practicable, that there is consistency across the sentencing framework."
Firstly, we should look at the seriousness of the offence to determine whether criminal law intervention is required. This can be done looking at the various principles of criminalisation.
Using the harm principle, ‘clothing degrading to women’ could satisfy the principle as long as the criminalisation of this type of...
... Principles of business
SCHOOL BASED ASSESSMENT
Name : Chaze DaCosta
School: wolmers high school for boys
TABLE OF CONTENTS
DESCRIPTION OF THE BUISNESS
Pot pon fyah is a business which will be owned and operated daily by chaze dacosta.pot pon fyah will be a in the restaurant business and is focused on spreading the Jamaican food culture to tourist and may even locals .The goals of pot pon fyah is to serve original and delightful Jamaican dishes .the dishes will be prepared by our exquisite chefs, training for years to master the art of food.
JUSTIFICATION OF LOCATION
Pot pon fyah will be located on crescent moon drive Kingston.the main reason for the location is :
The availability of labour
The cost and availability of land is spectacular in the location .
SELECTION OF APPROPRIATE LABOUR
Pot pon fyah will have 10 workers .3 skilled workers,5 semi skilled workers and 2 unskilled workers .
2 of my 3 skilled workers are trained chefs and the other is a manager who has 15 years in the field .he has been known for his ability to coordinate and motivate his team.
The 5 semi skilled workers are all waiters and waitresses’ .their responsibility is to ensure the quickest and most pleasurable service to my customers.
The 2 unskilled workers are going to be janitors who will ensure that...
The principles underpinning development and preparation of resources for learning and development
Developing resources to meet learning and development needs
Chapter Page No.
Explain principles underpinning resource selection for learning and development 3
Analyse factors that are important when developing and preparing resources that
conform to national legislation and organisational policies 4
Evaluate the contribution of technology to the development of learning and
development resources 5
Evaluate the suitability of a range of resources for learning and development 7
The principles underpinning development and preparation of resources for learning and development
Explain principles underpinning resource selection for learning and development
Learning principles should be integrated into the design of all training and training materials and resources. The importance of following learning with the opportunity of practice is in the quote:-
“At the heart of all experiential learning theory lies the fundamental belief that learning occurs when an individual is actively involved with concrete experience” (Walter and Marks 1981)
People learn and develop in different ways and in different directions, if they can be given the chance. One size of training and learning does not fit all.
...CLICK TO DOWNLOAD
Ashford ECO 204 Principles of Microeconomics
Discussion 1: Circular Flow Diagram. Explain how the circular flow diagram relates to the current economic situation. Using the circular flow diagram, explain a way that your family interacts in the factor market and a way that it interacts in the products market.
Discussion 2: Supply and Demand. Analyze how the law of demand applies to a recent purchase that you made. Describe how the product has changed in price and explain whether the price change is due to supply or demand. Did the change in price affect your decision to purchase the item?
Discussion 1: Elasticity. Analyze the determinants of the price elasticity of demand and determine if each of the following products are elastic or inelastic:
a. bottled water
c. cookie dough ice cream
d. fresh green beans
In your analysis, please make sure to explain your reasoning and relate your answers to the characteristics of the determinants of the price elasticity of demand.
Discussion 2: Externalities. Explain the difference between a positive and negative externality. In your analysis, make sure to provide an example of each type of externality. Why does the government need to get involved with externalities to bring about market efficiency? What solutions need to be provided for your examples?
Assignment, Raise or Lower Tuition? You have been hired by Nobody State University (NSU) as a...
...This paper will analyze one of the most fundamental rules of law in criminal law, the Principle of Legality under the European Court of Human Rights (ECtHR) found in Article 7 ECHR. “Nullum crimen sine lege, nulla poena sine lege” (“no crime without law, no punishment without law”- NCSL), is often referred to as the Principle of Legality in many legal contexts. It is considered a human right and also at the heart of many national criminal legal systems. It is a crucial element of legal defense to a criminal prosecution in which no crime or punishment can exist without a legal ground. It is a guarantee of human liberty; it ensures the fairness and transparency of the judicial authority and it protects individuals from state abuse and unjust treatment. The principle of legality (“nullum crimen sine lege, nulla poena sine lege”) is found in Article 7 of the ECHR and this paper will also examine the way in which the ECHR has developed the Principle of Legality to encompass three overlapping mechanisms which are: “…only the law can define a crime and prescribe a penalty; the prohibition on retrospective criminal law and the prohibition on the imposition of harsher penalties”.
The respect for nullum crimen sine lege is of upmost importance in the international criminal law context. NCSL is contiguous to the ECHR provisions on the prohibitions on slavery and torture. The principle is often associated with...
...improvement in political standard; nor is it because more qualified and service-minded persons are entering the field of politics, determined to serve the country and its people. On the contrary, it is a definite indication of political standards going down to abysmal levels. The field of politics nowadays does not attract selfless gentlemen, eager to use their expertise and time for nation-building; it attracts rowdies and criminals with proven record of hooliganism, who want to become rich quickly and dominate the officials and law-abiding citizens. Subject to rare exceptions, in short, the politics in India has become a profitable business for rowdies.The political parties do not pay attention to inculcate noble political values and principles of citizenship in the people. They do not promote patriotism and commitment to nation-building. They do not want to unite the people of nation by stressing the importance of harmonious living. On the contrary, they perpetuate the differences among the people and make full use of those differences for creating conflicts among them.
On 10th July, 2013, the Supreme Court handed down a landmark judgment which struck down section 8 (4) of the Representation of People Act, 1951 (hereinafter referred to as 'Act'). The provision allowed MPs and MLAs to continue in their posts, provided they had appealed or filed an application for revision against their conviction in higher courts within three months from the date of...
...Criminalisation of politics has become an issue of grave concern among the Indian intelligentsia.
And though the top leaders of all political parties agree that those with criminal record should be
debarred from contesting elections, the number of such people is only increasing. In 2004, about one
in five MPs had a criminal record, including some with charges of heinous crimes such as murder, rape,
dacoity and kidnapping.
Why does it happen?
The most important factor, which determines the ticket distribution, is the "winability" of the candidate.
Hence more and more people with money and muscle power are getting tickets from the political parties.
Another factor that has played an important role is that the criminal elements think that they can escape
punishment by becoming a member of legislative bodies in the states or at the centre.
The negative implications
As goes the old adage – "There ain't no such thing as a free lunch". A person with criminal background
entering politics will demand his pound of flesh from the party in power to which he has extended support.
Apart from seeking protection from the criminal cases going against him, he will also want a share from the
developmental schemes going on in his areas. Thus the government funds meant for the poor go into the pockets
of these people.
Is there a way out?
In a conference organised by the Public Interest Foundation (PIF) on February 19, 2009, several...
...causation This provides a link between the initial act of the defendant (which need not be unlawful) and the prohibited consequence which has occurred. This is why it forms part of the actus reus: it is not enough that the prohibited consequence has occurred, it must be caused by the defendant. This chapter will focus on causation in murder but the principles are applicable to all result crimes (see Figure 2.2). A defendant will be liable for causing death, even if it is an indirect consequence of his act, provided the chain of causation between act and consequence is unbroken. Causation is established using a two-stage test (Figure 2.3):
KEY DEFINITION Factual causation The defendant’s act must be a sine qua non of the prohibited consequence. This means that the consequence would not have occurred without the defendant’s actions. Factual causation is established using the ‘but for’ test.
R v. White  2 KB 124
Concerning: ‘but for’ test, factual causation Facts The defendant wanted to kill his mother. He poisoned her drink but she died of natural causes before the poison took effect. Legal principle Factual causation is established by asking whether the victim would have died ‘but for’ the defendant’s conduct. If the answer is ‘yes’, the defendant did not cause death. The defendant’s mother would have died anyway thus he is not the factual cause of death.
CAUSATION Figure 2.2
...Principles of Management Assignment
Management vs. Leadership
All four managers agreed that there was a difference between managing and leading, which means there is no gap. They all defined managing as process, procedures, task focused and results; compared to leading, which was focus on developing people. The positive benefit is it helps implement new processes the within the Contact Centre at MPI because all levels of management have a clear understanding that leading is people development and managing is a task focus.
Key to Staff Motivation
The key to staff motivation is similar with all four managers; therefore, no real gaps exist. They all agreed that recognizing individual difference, matching people to jobs, what builds up that employee, asking for staff opinions, being part of the solution and inspire them to buy in to the organization plan. The positive benefit to the Contact Centre is making people feel they are part of the solution. In addition, what they do makes the Contact Centre successful. Management are able to outline the expectation and make everyone accountable for his or her actions. As the managers understand the key to motivate staff, it will help when implementing new procedures and having staffed involved in the implementation at the beginning stages with the Contact Centre.
Opinion on Expedition
The most efficient way of getting people to do things, for all four managers was to communicate expectations and the...