From the beginning, both said that race and ethnic beliefs would not come in the way of decision making. Sotomayer made it apparent that she followed the Judicial Restraint philosophy and ultimately believe “what the constitution/laws stated is exactly how they are supposed to be interpreted”, not personal thoughts included. Thomas was the complete opposite, concluding that he followed the Judicial Activism philosophy. But, after reading research, it can be determined that no matter what philosophy that they followed, the judges background and ethnicity influenced their rulings and public
The offended party might then take the case to the Chancellor, whose position in the king’s council gave him unique, stiff powers. The Chancellor was to achieve what good ethics required, or what was fair and reasonable. These days’ judges in the United States still work out equity powers. Only a judge can work out equitable powers because, in the past, there was no harm involved in the Chancery court. Courts may issue rulings such as injunctions to provide an equitable
This may not be an autocratic government but there are still points that show that the President can control without it being democratically done. This is because he will pick the chancellor and will only pick a chancellor that will follow his instructions and obey what he wants to be done so the picking of the cabinet will be done by the chancellor but will have the approval from the President on who he wants. The introduction of the constitution gave Germany some breathing space from the allies because now they did not have to worry about the Kaiser rule. The constitution was drafted in the best interest for the German people however there
The obvious way to get around this is for Parliament to define concepts such as ABH in the Act itself. However this would take up a lot of time which parliament simply does not have. A reform for this is not necessarily needed either as it allows for flexibility within the law making it fairer for individual cases as well as allowing judges to fill the gaps in the Act that Parliament may have overlooked. The Mens Rea of S.47 OAPA 1861 is that of Assault and/or Battery. The defendant doesn’t have to foresee harm to the victim.
His views on life tenure and judicial reviews were split upon the framers and intimidated anti federalist, but it is the most methodological way to deal with the separation of powers and prevent different branches from overpowering one another. Although I agree with his claims that the Judicial branch is the least dangerous, because the lack of direct involvement and inability to initiate a change, I believe that without the Judicial branch, the separation of powers would be missing a key feature to prevent a tyranny. Without the Judiciary, it would be easy for the government to take advantage of their powers and overrule the
This relates back to the experiment, because the participants obeyed even though they knew it was not right to shock the learners, and King probably would have encouraged the participants to stop. Moreover, King strongly disagrees that the government should have the authority to guide people when there are many wrongdoings in the governmental system. His ideal social relations are far from dependent on obedience because he believes everyone to be equal. Also, he knows that total obedience often lead to tragedies like the segregation and racism that African-American are suffering from. Milgram’s conclusion really advocates King’s belief, because the surprising conclusion of obedience to authority is what King does not believe to be the way of social relations.
The difference between both of them is that they aspire to two very different aspects of life; She wants respect and he wants power, we see that those two principles do not always agree with each other. We obviously see that both are ready to face the extreme. But Creon could not be considered as a Sophoclean hero because all he does is respect what he has to do, the written laws. He could have made an exception, especially for his niece but he did not. Antigone was overpowered by unwritten laws, which are what makes her a Sophoclean hero.
The fourteenth amendment has been used to successfully used to fight against segregation and discrimination because while states have dominion over those peoples and those facilities within their confines they cannot discriminate against those people because those people are in large, part of the United States, and those in the United States have uninalienble rights granted to them by the Constitution that no state can take away. Martin Luther King’s nonviolent acts of direct civil disobedience held a large impact on the civil rights movement. He showed that you could directly take action against laws you thought were unjust in a civil peaceful manner of descent. In 1896 Justice John Harlan spoke out against segregation saying that “Our Constitution is color-blind and neither knows nor tolerates classes among its citizens.” The Constitution should be blind to the color of your skin, to your religion, to your gender, and anything else that tries to label you in a way other than U.S. citizen. In regards to the economy the role of gender should not apply, but it usually does though not usually through intentional discrimination.
Let’s assume for the sake of argument it does protect an individual right, it is no more absolute than freedom of speech or any other right in the Constitution. No right is absolute; the government is always allowed to restrict the right if it can satisfy Constitutional strict scrutiny and show the restriction is narrowly tailored to promote a goal of compelling importance. Ironically, the very first federal appellate court in recent history to hold that there was an individual right to bear arms under the Second Amendment, the Fifth Circuit, then went on to nevertheless uphold the particular restriction that was being challenged! Mainly, that the guy was under a restraining order for domestic abuse and he wasn’t allowed to possess a gun. The court said the Second Amendment protects your right, but this regulation doesn’t violate your right.
Whitman wroted that the governments role was to be "... not of an officious intermeddler in the affairs of men, but of a prudent watchman who prevents outrage," that is strengthened by his underlying logic that "... although government can do little positive good to the people, it may do an immense deal of harm." (Whitman) Simply put, if the governemnt has less has to do with meddling in peoples affairs and rights then society will be better off. Also that the role of the government is to act as a protector of smaller groups and individuals from bigger groups so everyone will be happy. The basis of laissez-faire is that the bigger the government factor, being it’s rights and powers, the worse of the country is. William Graham Sumner was another supporter of the laissez-faire idea.