I believe the Constitution did a better job of protecting liberties, specifically in the areas of the federal court system, representation of the people, and the levy of taxes. Alexander Hamilton, statesman and economist, proclaimed "Laws are a dead letter without courts to expound and define their true meaning and operation”. The Articles of Confederation which gave rise to the Confederation government that took effect in March 1781, did not give the national government any means to enforce the federal laws. The states could, and often did, choose to interpret or enforce federal laws in any manner they saw fit. This led to disputes amongst the states that could not be readily settled, as it relied on each state’s court system which invariably chose to discount the ruling of the other states.
As a health and social care worker it is our duty of care to provide all of the above and also keep individuals safe from harm or exploitation. It is good for all professionals and organizations to work together in partnership with each other and the individuals we all support. We should follow codes of practice, and deliver what the service user wants. 1.2 Explain why it is important to work in a way that embeds person centered values. 1.2 It is important to work this way, by following codes of practice, as we need to ensure that we deliver best care/support, making sure, we do the correct things, in the correct way.
In the Realism world there is no higher authority then the sovereignty of individual states. They operate in the realm of anarchy where power, especially military and economic power, determine the order of states and their relationships with each other. This view contrasts with Liberalism theory of IR. It argues that states, especially democratic states, cooperate and tolerate each other for their mutual advantage in trade and commerce and find that war is costly, destructive and essentially
This is a simple matter of conflicting opinions as to what was right and what was wrong. Especially in the business world, things could not be left up to the ethics of individual people. Someone had to determine when things had escalated beyond ethical issues. According to the US info website and derived from the worldbook encyclopedia, the constitution establishes the form of the national government and defines the rights and liberties of the American people. It also lists the aims of the national government and the methods of achieving them.
He argued that they lack the power to act so they are weak. According to Hamilton (1788), they possess “merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments” (p.256). Hamilton (1788) pointed out that the court may sometimes be biased but, “the general liberty of the people can never be endangered from that quarter” (p. 256). In respect to the interpretation of the law, Hamilton (1788) believed that the constitution is “a fundamental law…” (p.257) and, “if there be an irreconcilable variance between the two, the constitution ought to be preferred to the statute, the intention of the people to the intention of their agents” (p.257). He is indirectly saying; court’s rulings give back power to the people.
Other issue is what country laws should be applied and whether any foreign judgment obtained might be enforced in the court of choice. The international countries laws are the laws that need to be taken into consideration because the United States law is only upheld within the United States and not international countries. When going into a contract with international companies the Unites States must make sure the international company can enforce the contract legally. The United States must also consider the cultural and ethical differences in business transactions. What factors could work against CadMex's decision to grant sublicensing agreements?
International law, international systems as well as principles currently exist to aim to resolve disputes, however the compliance predominantly relies on the discretion of state sovereignty and jus cogens, which both act as barriers in achieving world order. Difficulties faced in attempting to achieve world order in relation to the United Nations involves its inflexible structure, poor leadership and the use of ‘veto powers’ granted to the Permanent Five members of the United Nations Security Council (UNSC). Post World War II, representatives conducted a meeting and agreed upon a conclusion that the world would never experience such widespread atrocities and damage. Following this meeting, the leaders emerged with the structure of a new international organisation called the United Nations (UN). The UN comprises six major organs, one of which includes the UNSC, containing 15 member states with only five permanent members.
Position Paper Issue 3 – Effective Government The question as to how much government involvement is necessary to successfully operate and sustain an economy and society has been on debate for many centuries. Our history has demonstrated that when humans our given too much freedom, the selfishness of an individual comes into play, and when there is too much government control, the rights of the individual appear to be violated. “The most effective government is the one that governs the least.” This statement argues strongly with the ideological perspective of a capitalist economy, one which advocates a laissez faire economic system where the people are subjected to make the decisions for themselves with little to no government involvement. However, through such events as starvation, extremes of wealth and poverty, palatial estates, horrible slums, child labour and work abuse have successfully proven that when an economy is granted complete freedom to the individual, the selfishness of one’s desire tragically becomes the main focus. From this evidence, it is clear that for an economy to successfully operate a government presence must occur to provide its citizens with a more equitable distribution throughout the entire population, lesson social problems by collecting more taxes to ensure a long term gain, and essentially to protect the rights and freedoms of the “little guy” from the hardships presented when large corporations have control.
Institutions seek arbitration as a form of resolution simply because they were designed to be impartial to the interests of the affected country. Should the case be filed in the host country, one can only assume that the courts will have the interest of its nation, where losses can amount to millions of euros (borne by the government and taxpayers alike) and arguably to the wider EU community so that it may be seen as a nation with a respectable judicial system and an EU team player. 3. As a foreign investor, do you want to support BITs and arbitration or rely on local court systems? It would seem from the evidence presented in the article that the former supports the greater interest of foreign investors.
This is an age old legal dilemma and is what is effectively meant by ‘balancing conflicting interests.’ In the nineteenth century, von Jhering recognised law as a means of ordering society in a situation where there were many competing interests, not all being economic; as he believed utilitarianism views he was concerned with social aims and results over individuals. His view was that legal developments were driven by the constant tussle between individuals and groups within society to have their interests portrayed and supported by the law. As a result the law acts to determine the true balance between different interests by examining the value of each. Roscoe Pound identified 2 categories of interests in the law. Firstly is social interest, such as health and safety and public order, whilst individual interests include privacy and domestic relations.