Analysis of the Human Rights Act, 1998

Analysis of the Human Rights Act, 1998 Human Rights Law ‘Despite the Human Rights Act 1998, the courts have failed appropriately to limit the scope for the exercise of breach of the peace powers.’ The Human Rights Act 1998 received royal assent on November 9, 1998 and came into force on October 2, 2000. The objective of said Act was to harmonize the domestic law of the United Kingdom with the European Convention on Human Rights. To reaffirm the commitment of the UK to human rights and civil liberties, it is now possible under the said Act to file a claim for violation of the ECHR without going to the European Court of Human Rights in Strasbourg. Says Weinstein: This ability to transcend national law, and to compel revision of such law to comport with rights guaranteed by the European Convention in a broad range of areas, most often within the exclusive purview of national and local courts, is of historic note. Generally, nation states have been the final arbiters of most issues affecting their citizenry and within their borders. By treaty, the signatory nations of Europe have granted the ECHR binding authority to decide cases affecting their citizenry and other persons subject to their authority. In instances where state law is found inconsistent with an ECHR judgment, the nation at issue is obliged to amend its national law to comport with the ECHR decision. These cases illustrate the concept of what is increasingly being referred to as an evolving European supranational identity. The ECHR grants jurisdiction to any individual, non-governmental organization, or group claiming be a victim of a violation of the European Convention by a ECHR signatory nation, and to bring cases before it, as does, in applicable cases, the European Court of Justice (the â€Å"ECJ†), the court of the European Union, based in Luxembourg. Equally important, it prohibits any public body from behaving in a manner that is incompatible with any of the rights guaranteed under the ECHR. The Human Rights Act has gone a long way in limiting arbitrary actions from public bodies, in particular, police officers. It cannot be denied, however, that the laws on â€Å"breach of the peace† grant have historically been so vast in scope that in some occasions, human rights violations arise. The definition of â€Å"breach of the peace† (also known as breach of the Queen’s peace) has been discussed in the Court of Appeal decision of Howell, where it was stated as follows: We are emboldened to say that there is a breach of the peace whenever harm is actually done or is likely to be done to a person or in his presence his property or a person is in fear of being so harmed through an assault, an affray, a riot, unlawful assembly or other disturbance. It used to be that the prospect of violence alone would not be enough to be considered a â€Å"breach of the peace†, as in the comment of Farqhuarson LJ that â€Å"The act which puts someone in fear of violence taking place entitles a police officer†¦to detain the actor but it is not a breach of the peace, for the violence has not yet occurred.† There has been scant support for this view, such that in the present time, â€Å"breach of the peace† also embraces â€Å"behaviour likely to cause a violent reaction†, even if such behaviour is not of itself violent.

Article Critique Research Paper Example | Topics and Well Written Essays - 1000 words

Article Critique - Research Paper Example The article clearly discusses the results of recent experiences with the use of therapeutic hypothermia after cardiac arrest in a patient. The layout of the article itself flows well and offers a clear and distinct linear progression. The four doctors who participated in the research, Sagalyn, Band, Gaieski, and Abella are from the Department of Emergency Medicine and Center for Resuscitation Science at the University of Pennsylvania. Their departmental positions indicate a high degree of knowledge in this field, and make them uniquely qualified to write this particular article; with qualifications such as these it would be easy to believe that they have the necessary skills to make this type of analysis on the subject. The abstract offers a clear overview of the study itself, detailing what their objectives were, the setting in which their review took place, the subjects used as a part of the study, the measurements that were taken, and the main results of the outcome of the analysi s itself. Each specific section offers a concise summary for that heading, and, again, flows well and in a linear fashion. The phenomenon of using therapeutic hypothermia after a patient experiences cardiac arrest is clearly identified and the question addressed by the paper is thoroughly discussed, complete with ample research into the matter. The question presented was whether or not therapeutic hypothermia was beneficial after a patient experiences cardiac arrest, with the results showing â€Å"increased survivial with an odds ratio of 2.5 and favorable outcome with 2.5† (Sagalyn, Band, Gaieski & Abella, 2009). The specific purpose of the article is easy to identify, determining whether or not therapeutic, clinically induced hypothermia is beneficial to the patient after they have experienced a heart attack, and the conclusion of this research is likewise concisely stated; â€Å"the survival and neurological outcomes benefit from therapeutic hypothermia are robust when co mpared over a wide range of studies of actual implementation† (Sagalyn, Band, Gaieski & Abella, 2009). The literature review was done in order to gain the initial data to be able to start the research project itself, and as such, added information on the topic itself, as it provided the burden of proof for the theory itself. It was highly inclusive of the subject being explored as a result, for it was the primary methodology used in order to gain the data to correlate the theory and gain proof for the theory itself. The theoretical framework present was the benefit of clinically induced hypothermia on cardiac arrest patients outside of a clinical trial, directly relating to the question that the paper itself strives to answer. It is clearly detailed in the first and second paragraphs of the research article itself, and is used to provide the setting for the remainder of the paper itself. The specific sample method and sample size is not identified; however, the process used to determine if a study could be used as a part of the data for this particular study is detailed. The participants identified for the study were included or excluded on the basis of only a few qualifiers. â€Å"

Financial Performance of Pace Leisurewear Ltd Case Study

Financial Performance of Pace Leisurewear Ltd - Case Study Example Financial statement analysis involves, comparing the performance with that of other firms in the same industry and evaluating trends in the firm's financial position over time. These studies help management identify deficiencies and then take actions to improve performance. For evaluating the financial performance of the firm ratio analysis and Du Pont system are used. According to Fraser, L. (2001) & Ormiston, A. (2001) the subordinate classifications of ratio analysis are: According to Fraser, L. (2001) & Ormiston, A. (2001) The available cash resources to satisfy the current obligations must come primarily from cash or the conversation to cash from of other current asset. For interpreting the liquidity of the firm, several types of ratios have been depicted. Current ratio, quick ratio, cash flow liquidity measures the firm's short-term solvency. Firm's ability to meet the current obligations can be judged. Liquidity position or effects of using debt can be evaluated. The available cash resources to satisfy the current obligations must come primarily from cash or the conversation to cash from of other current asset. To judge the long-term financial position of the firm, financial leverage ratios are used. Brigham, E. (2007) & Houston, J. (2007) mentioned that these ratios indicate mix of funds provided by owner and lender. According to Fraser, L. (2001) & Ormiston, A. (2001) the amount and proportion of debt in a company's capital structure is extreme ly important because of the trade off between risk and return. Gross profit margin, operating profit margin, and net profit margin represent the firm's ability to translate sales dollars into profits as different stages of measurement. Administrative efficiency can be judged through this. Brigham, E. (2007) & Houston, J. (2007) assessed the fixed asset turnover ratio measures how effectively the firm uses its fixed assets and total asset turnover measures the turnover of the entire firm's asset. So, Debt ratio, debt to equity ratio, long tem debt to total capitalization ratio have been drawn. Ratio Analysis: Liquidity Ratio: Short-term Solvency Year before last Last year Current 1.76 1.13 Quick 1.10 0.47 Cash flow liquidity 0.30 The current ratio of the firm indicates that at the end of year current asset covered current liabilities 1.13