Friday, January 24, 2020

Solar Energy Essay -- A Level Essays

Solar Energy Why do we build passive solar homes? Most people familiar with the subject of alternative and renewable energies would reply with a variation of many answers to this question. â€Å"To act locally in an ever expanding global market.† â€Å"The solar panels or photovoltaics will pay for themselves in a given amount of time depending on the system implemented.† â€Å"I would build a passive solar house to take myself entirely off the grid.† These answers seem to be common when it comes to the world of alternative energies. Although the majority may reply to this question with similar answers there has to be a flip side or different view on any topic including renewable energy. â€Å"Green building,† or building with natural supplies is yet another way to recycle the earth’s minimal resources. Combining green building and solar passive idioms is nothing new to the alternative energy market, but it does raise a few different questions about the role of humans co-existing with nature and their living spaces. This paper will discuss the aesthetic values of living in tune with the earth through passive design. For thousands and thousands of years, man lived on the earth as we still do today. Nomadic peoples resorted to hunting and gathering, which gave way to organized agriculture that developed in Mesopotamia. The major step that propelled us into our present day lives was the industrial revolution. Now as â€Å"evolved† creatures we have fallen prey to the technological advances and have come to depend on them, especially with our ever-increasing population on earth. Environmental degradation, over population, war, and economic decay have become mainstays on our agenda as world citizens. These issues must be dealt with o... ...g close to the earth, foraging for food, walking to my destinations and relying on my fellow man for help when I was in need taught me something. Living close to the earth is and will always be the answer to our questions. Passive design and solar technology is just the next step. Most of the technology that has been brought about in the past century or so has been done so under a roof or in the shadow of the industrial revolution. We need to implement the ideas of passive solar upon all people. This would in turn create alternatives to what people had originally thought in the past. Where can we find or develop new â€Å"green† ideas as opposed to other technologies that separate us from nature. A new way of thinking must come about for the good of all mankind. Bibliography Chiras, Daniel. The Solar House. Chelsea Green Publishing Company. Canada. 2002.

Thursday, January 16, 2020

Parliamentary Sovereignty

â€Å"It remains a first principle of our constitutional law that Parliament in enacting primary legislation is sovereign. Parliamentary sovereignty has been qualified though not departed from in different ways by our adoption of the law of the European Union through the European Communities Act 1972 and by the Human Rights Act 1998. † Per Lord Justice Laws, R (MISICK) v Secretary of State for Foreign and Commonwealth Affairs [2010] EWCA Civ 1549 Evaluate this statement with reference to appropriate legal authorities.In order to evaluate this statement it is important to understand what Parliamentary sovereignty is and how it relates to European Union law with the enactment of the European Communities Act 1972 and the Human Rights Act 1998. The doctrine of parliamentary sovereignty means that Parliament is the supreme Law maker of the UK, hence Parliament is free to make or unmake any law it wishes with the exception that it cannot limit its own power or bind itself when it co mes to future legislation.This dictates that all courts must uphold legislation laid down by Parliament. â€Å"  The principle, therefore, of parliamentary sovereignty means neither more nor less than this, namely that â€Å"Parliament† has â€Å"the right to make or unmake any law whatever; and further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament† The principle of Parliamentary sovereignty was derived from the fundamental doctrines of the Magna Carta, Petition of Rights and the Bill of Rights.Unlike many other countries the UK has no written constitution meaning that it is flexible to be interpreted in the courts however the judge sees fit. The doctrine of Parliamentary supremacy is clearly in conflict with the full recognition of the community law in the UK. However, many things act so as to make parliamentary supremacy delusive, since international treaty obligations mean that certain legislation would never be passed. The Treaty of Rome does not state that EU law is to take precedence over domestic law.However, the ECJ in the case of Costa v ENEL stated that member States are bound to follow EU law. This is reflected in the European Communities Act 1972, s 2(1) which provides that rights, powers and obligations under the Treaties are, without further enactment, to be given legal effect in member States. Accordingly, directly applicable and directly effective EU law would take precedence over domestic law and if domestic law conflicted with EU law, domestic law would need to be changed. The European Communities Act 1972 s. (1)4 directly imposes provisions of the Treaties, together with EU Regulations and other directly applicable European law, whether they were passed before or after the UK joined the European Union. It also invalidates existing domestic law wherever the two conflict and thereby the former is directly valid. Membership of the European Un ion is derogation from parliamentary sovereignty since all of the European Union’s powers flow from Parliament's sovereignty through the original act, and therefore Parliament retains ultimate sovereignty.There is a limited retention of parliamentary sovereignty in many areas of European concern, since the UK has limited powers to determine penalties for breach of European Union law, and since the option is often left open in directives not to implement parts of the directive. It would appear that the doctrine of Parliament supremacy has been significantly qualified by the UK membership of the community. If absolute supremacy no longer exists, it could be restored by repealing European Community Act 1972.But the practical reality is that a new legal order has been created, in which the community law has supremacy over national law. The European Union was accused by Lord Denning of interfering with Parliament sovereignty in the absence of express authority by the EC Treaty. Ho wever the UK membership and the European Union have together caused a significant area of legislative power to pass to EU. This does not mean that it is permanent but if the UK decided to leave the European Union, then Parliament could exercise its ultimate sovereign authority by Act of Parliament and epeal the European Communities Act 1972, whereby the provisions of the EU Treaties would no longer have effect in domestic law. â€Å"If the supremacy within the European Community of Community law over the national law of member states was not always inherent in the EEC Treaty it was certainly well established in the jurisprudence of the Court of Justice long before the United Kingdom joined the Community. Thus, whatever limitation of its sovereignty Parliament accepted when it enacted the European Communities Act 1972 was entirely voluntary. † European Union Law challenges the concept of Parliamentary Sovereignty.The European Union also has the doctrine of supremacy which mean s all member states must adhere to European Union laws as opposed to their own national laws. This may have restrained Parliamentary Sovereignty in the UK upon its entry to the European Union in 1972. In order to comply with the European Court of Justice the UK Parliament enacted the European Communities Act 1972 and the Human Rights Act 1998. Lord Denning stated that signing the treaty was only the first step as Community law could not be implemented merely by signing a Treaty of Accession.Parliament passed the European Community Act 1972, which came into force on 1st January 1973, whereby Community law become applicable in the UK. â€Å"It is an essential aspect of sovereignty that all states should have supreme control over their internal affairs, subject to the recognised limitation imposed by international law. † Parliamentary approval is not required for EU legislation that is binding in the UK, which again jeopardises the UK sovereignty. The major case that encapsulate s this is Factortame, by enacting the Merchant Shipping Act 1988, Parliament breached European law.In this case the compatibility was challenged. The Factortame decision marks a clear, if not important, that constitutional departure from the traditional view of parliamentary sovereignty. Since Factortame, UK law now recognises that Community institutions have the right to make decisions and issue regulations which may override legislation by Parliament. The Human Rights Act 1998 was introduced in order to comply with the European Convention of Human Rights so that national law was more compatible with European Union law and to protect Parliamentary sovereignty. It first came into force on 2 October 2000.The  Human Rights Act  empowers courts  to read legislation in such a way as to give effect to the European Convention on  Human Rights. Article 46 of the European Convention on Human Rights states that the government must abide by and must follow final decisions of the Europ ean Court of Human Rights. Actions of UK judges are limited by a constitutional compromise developed over centuries, while European judges have been given enormous power. Although Parliament could pass legislation today withdrawing Britain from the EU and Community law would cease to apply at the national level.The Human Rights Act 1998 seems only to go so far where Parliament is concerned as is shown with the relatively new anti-terrorism laws. S. 2(1) of the HRA makes it clear these laws are still to be interpreted by the courts in their own way. â€Å"A court or tribunal determining a question which has arisen in connection with a Convention right must take into account any judgment, declaration or advisory opinion of the European Court of Human Rights (b) decision of the Commission [etc. ] †¦. henever made or given, so far as, in the opinion of the court or tribunal, it is relevant to the proceedings in which that question has arisen. † Ever since the UK joined the E U in 1972, the EU has played an increasing role in Britain, and as a result has had an impact on the UK sovereignty. Therefore clearly any Community law would prevail over UK legislation passed before 1972, as this is uncontroversial and accords with the traditional doctrine of parliamentary sovereignty. However, the doctrine depends largely on the obedience by the judiciary to the doctrine of implied repeal. So the issue arises as s. (4), which declares that any future enactment to be passed must be applied subject to the provisions of the ECA 1972. Therefore since Dicey defines sovereignty as continuing , it would seem that s. 2(4) is clearly an attempt by parliament, contrary to the very principle of the UK’s constitutional, to suspend the doctrine of implied repeal and consequently, bind its successors. As membership of the European Union is derogation from Parliamentary Sovereignty in practice, all of the European Unions’ powers flow from Parliament’s origi nal Act and therefore surely Parliament retains ultimate supreme.Lord Denning stated that if the UK chose to take back complete supremacy it could easily do so by leaving the European Union. â€Å"If the time should come when our Parliament deliberately passes an Act†¦with the intention of repudiating the Treaty or any provision in it†¦ or intentionally of acting inconsistently with it†¦ and says so in express terms†¦ then I should have thought that it would be the duty of our courts to follow the statute of our Parliament. † This could create problems for the UK in certain areas, both economically and politically.The UK now having been a member state for nearly 30 years has to take the economic growth and other positive aspects with the negative aspects of being a member state, one being a lesser sense of Parliamentary sovereignty. As stated by Margaret Thatcher: â€Å"It is a myth that our membership of the Community will suffocate national tradition an d culture. Are the Germans any less German for being in the Community, or the French any less French? Of course they are not! † References House of Commons European scrutiny committee. (2010). The EU Bill and Parliamentary sovereignty. Available: http://www. ublications. parliament. uk/pa/cm201011/cmselect/cmeuleg/633/633i. pdf European Communities Act 1972. Available: http://www. legislation. gov. uk/ukpga/1972/68/section/1. Last accessed  1st March 2012 Human Rights Act 1998. Available: http://www. legislation. gov. uk/ukpga/1998/42/contents. Last accessed  1st March 2012 Brazier, R. (). APPENDIX 1: THE PARLIAMENT ACTS. Available: http://www. publications. parliament. uk/pa/ld200506/ldselect/ldconst/141/14104. htm. Last accessed 1st March 2012 Wagner, A. (2011). Does parliamentary sovereignty still reign supreme?. Available: http://www. guardian. o. uk/law/2011/jan/27/supreme-court-parliamentary-sovereignty. Last accessed 1st March 2012. (2011). Imprisoned by a Doctrine: The Modern Defence of Parliamentary Sovereignty. Available: http://ojls. oxfordjournals. org/content/early/2011/10/19/ojls. gqr027. abstract. Last accessed 1st March 2012 R v Secretary of State for Transport ex parte Factortame (No. 2) [1991] 1 AC 603 Flaminio Costa v ENEL  [1964] ECR 585 (6/64) ——————————————– [ 1 ]. Dicey, A. V. 1982 [1914]. INTRODUCTION TO THE STUDY OF THE LAW OF THE CONSTITUTION. 8th ed. Indianapolis: Liberty Fund [ 2 ].Flaminio Costa v ENEL  [1964] ECR 585 (6/64) [ 3 ]. http://www. legislation. gov. uk/ukpga/1972/68/section/1 [ 4 ]. Lord Denning  in Bulmer Ltd v J. Bollinger (1974) [ 5 ]. R v Secretary of State for Transport ex p Factortame (No. 2) [1991] 1 AC 603 [ 6 ]. Martin, E. Oxford Dictionary of Law (2002), 5th Edition, Oxford University Press, Press, Pg 469 [ 7 ]. http://www. legislation. gov. uk/ukpga/1988/12/contents [ 8 ]. http://www. legis lation. gov. uk/ukpga/1998/42/contents [ 9 ]. Human Rights Act 1998, http://www. legislation. gov. uk/ukpga/1998/42/contents [ 10 ]. Lord Denning

Tuesday, January 7, 2020

Obierikas Strong Sense - Free Essay Example

Sample details Pages: 2 Words: 583 Downloads: 5 Date added: 2019/05/08 Category Literature Essay Level High school Tags: Things Fall Apart Essay Did you like this example? Change is an inevitable part of life. This is exactly what Obierika and the Ibo clan must do, change, in order to survive the cultural collision of the Ibo and the colonizers in Chinua Achebes Things Fall Apart. Obierika is an example of the type of personality that has a strong sense of self and at the same time is open to new ideas. Don’t waste time! Our writers will create an original "Obierikas Strong Sense" essay for you Create order For this reason, Obierikas forward-thinking is key to how he survives the cultural collision; he respects the law of the land and the Oracle but doesnt follow blindly and is cautious to hold his own sense of identity. Obierikas strong sense of self comes from the customs of the Ibo that guided him in becoming one of the higher ranking men in his village. However, it is his forward-thinking that sets him apart from the rest of the Ibo. What crime had they commited? He asked himself when he thought deeply about the twins that are left to die in the Evil Forest. He respects his culture but knows that there is something ethically wrong with killing a baby. The colonizers bring new ideas about the way people should be treated, which line up with what he has been questioning since before they came. This ties in with his respect with is culture. Obierika is a man with a high title in his village due to his respect of the Ibo culture. He believes in the Oracle and the law of the land but the difference is that he doesnt follow blindly. But if the Oracle said that my son should be killed I would neither dispute it nor be the one to do it. He find a way to not be part of the death of an innocent and warns Okonkwo not to be part of it but fails. We see that later on Okonkwo suffers the consequences when he accidentally kills someone and has to flee the village to his motherland. Obierika shows that he remains Ibo in his beliefs but takes a stand when something that is ethically wrong happens. This is what helps him feel like he can identify with the colonizers. Although he identifies with them in a sense, he is careful to retain his identity as an Ibo. Obierika is curious about the colonists that come to Umuofia and shares with them about his culture as he learns about their culture. He even engages in conversations with Mr. Brown about the differences and similarities in their religions. Although he is very open to the new ideas hes learning, he does realize that their rich and complex culture is slowly dying. He has put a knife on the things that held us together and we have fallen apart. He understands that he doesnt have the power to keep them from destroying their culture completely, and sadly his friend too. Even though he couldnt save him, Obierika was able to save himself from the clash of cultures. In conclusion, Obierika is one of the more forward-thinking, wiser and cautious characters in this book and for this reason he survived the dangerous collision of Ibo and Christian cultures and beliefs. Many cultures are experiencing this since the world started getting explored and we see it now in our present lives in California with the many cultures that live here. Its not easy to make way for different ways of living but everybody has to try because having mutual respect for your neighbor is a universal feeling.