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It Is Necessary to Place Limits on Democracy in Order to Promote Human Rights?

It Is Necessary to Place Limits on Democracy in Order to Promote Human Rights?

Ex Justice Michael Kirby defines democracy in Australia as:

[a] sophisticated form of government which involves the general ability of the will of the majority to prevail but in a legal and social context in which the rights of vulnerable minorities are respected and defended

It must be argued that this succinct statement illustrates, expressly and implicitly, the potential for an inextricable relationship between democracy and human rights. The defending of human rights can only exist within a democracy, and conversely, the ability of anyone to raise their hand and claim a human right to be defended is a fundamental element of a democracy.

What are “human rights”? It must be argued that human rights are a mere concept, intangible ideals, principals within the realm of philosophy. The Universal Declaration of Human Rights says:

All human beings are born free and equal in dignity and rights

It must be argued that there is a distinct difference between the concept of human rights and the interpretation and application of human rights in a social context.

The interpretation of our human rights can be derived from the UDHR, other HR treaties and subsequently our own state and federal laws. However the language used in these instruments is left intentionally vague and ambiguous to allow different meanings to be inferred from the words. As time progresses and the nature of a normative society changes, values, deviant and moral actions change, the law changes slowly after to accommodate for the change in society. Drinking alcohol and driving is a good contemporary example of this. When talking about The Constitution Justice Kirby says:

The words [of the Constitution] take on their colour with the change in circumstance and attitudes

So we are able to apply the concept of rights to our society through the judicial and legislative processes, which are the checks and balances within a democratic system. For example, we have a right to free speech at Article 12:

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

But does that mean we are allowed to say anything we want, wherever we want? It would have to be argued that we do not as various pieces of legislation have been enacted to stop “hate speech” and “defamation”. This must be argued to be a policy consideration and a formal social control mechanism. This illustrates how human rights in their purest form have restrictions put on them when applied in a social context. Anti-Terrorism legislation in Australia and across the world has seemingly trampled over human rights with arguably deplorable and undemocratic notions such as preventative detention and the abandonment of due process of law. However it should be argued that this type of legislation is a reaction to a real or perceived problem to preserve public safety. The question has to be asked if this is an acceptable trade. It was Benjamin Franklyn who wrote:

They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.

Is it necessary to restrict the democratic voting rights of offenders in prison? It must be argued that the democratic right of citizens of a country to have their say in the election process is a fundamental cornerstone of democracy and without it the country wouldn’t be a democracy. The Constitution Act implies this at s7 and s24 that the Senate and the House of Representatives be:

directly chosen by the people

It should be argued that the limits of this democratic process to certain members of society have been placed because of policy considerations involving social normative ideals. The “moral panic” drummed up in the press, fear and ignorance of the whole prison / rehabilitation process is a contributing factor.

It must be argued that the concept of eligibility is very important in the application of human rights in a democracy. Prisoners for example, are not eligible to vote, not eligible to liberty and so on. They have essentially lost the ability for those rights to be applied to them under certain circumstances for the sake of social order, punishment and protection. Does this concept of eligibility limit democracy? It should be argued that an action that is for the benefit of the majority of people and backed by the majority of people is a democratic action. As Justice Kirby says in the opening definition, democracy is the ability of the will of the majority to prevail.

What is “the majority”? The majority of any group is a complex and difficult question. There is the actual number of eligible voters, …

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Legal

Check Out Award-Winning Bay Area Probate Attorney Cynthia C. Sayegh

A Brief Guide to Probate Attorneys

You should remember that the probate process starts as soon as you lose a loved one. Generally, it is a processing of Will validating with an idea to settle an estate after death.

However, if someone passes without a will, the estate must pass through the probate process, which is an important consideration to remember.

Remember that this process can be stressful and long, especially if you do not know where to start. At the same time, it can be highly time-consuming and expensive, which is something you must handle after you have lost a loving person.

Therefore, you should find a good probate attorney Bay Area lists to help you out with paperwork and other steps to help you out with the process.

In this guide, we wish to explain the steps of finding an attorney and other tips that will ensure an overall process.

Let us start from the beginning.

Things to Know About a Probate Attorney

It would be best to remember that all probate attorneys are state-licensed layers that can help you with execution. At the same time, you may enter the point of probate if a deceased owner of the estate died without a will, which will help you settle everything.

They can help you with every step along the way, including inventorying and finding assets from the estate, paying all debts, and understanding the overall process of settling everything with ease.

They can also help you with estate planning processes, including creating a will, trust, and setting guardianships. The fees vary depending on numerous factors.

Fees can be either flat or by the hour, while compensation depends on estate size in some states.

You should also remember that they can help you settle a particular estate as soon as your loved one dies.

Remember that the first step afterward is the implementation of an estate plan. If a deceased person from your family had a will, probate is an essential step in the process.

On the other hand, trusts do not require it, which means that a process will be more private and without additional complications. Still, if you have implemented a trust, your attorney can help you administer it and deal with every step along the way.

You should click here to learn more about estate procedures you should handle after you become an heir.

In most cases, probate attorneys represent either a personal representative of the estate or heir. They can deal with numerous responsibilities, including:

  • Handling and paying for inheritance taxes
  • Collecting life insurance policies
  • Identify all assets
  • Paying and figuring out the income taxes and other dues
  • Ordering appraisals for properties
  • Paying final bills and debts
  • Managing and opening a checking account
  • Filing and preparing court documents

Benefits of Hiring a Probate Attorney

1.   You Will Get a Probate Specialist

Having an attorney to help you handle this situation means you will get a specialized person that will provide you peace of mind.

Since they will not defend criminals and deal with personal injury claims, they have experience dealing with trust and probate cases.

At the same time, they are familiar with forms, court regulations, court officials, procedures, and potential complications that can arise as well.

They perform similar tasks, which means you will get someone with the proper experience and knowledge to help you out with the process.

2.   Lack of Upfront Fees

It is vital to remember that you do not have to pay for other attorney fees and retainers to ensure your case is moving in the proper direction. Instead, your probate attorney will get paid after you get everything you wanted in the first place.

Remember that legal fees will become part of the proceeds of an estate, which means you do not have to think about paying upfront or handling other legal expenses.

3.   Connect With Family

Another important consideration is that estates can be both time-consuming and complicated in the long run.

The entire process is challenging and overwhelming for you to handle it yourself, especially when it comes to court requirements, documents, and details you must prepare.

This activity may drive you away from family members and friends, which will affect your current situation, among other things.

Instead, you should find a probate attorney that will handle different responsibilities on your behalf, which will prevent you from dealing with details that will bring you more anxiety than relief.

As soon as an attorney requires your action or attention, he/she will call you to show on the procedure and deal with the finalization of the process.

Check out this guide: https://www.wikihow.com/Start-the-Probate-Process to learn how to start a process with ease.

4.   Quick Process and Resolution

If you wish to deal with an estate without professional help, you will …

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General Article

How A Criminal Attorney Is Able To Help You

How A Criminal Attorney Is Able To Help You

In the United States, criminal law is arguably the most complex area of law, since it comprises a wide range of concepts. As a result of this, there are a wide range of available attorneys that specialize in criminal defense. A good criminal attorney will advocate on behalf of their client in court and defend them to the best of their abilities against criminal charges.

Several offenses are deemed to be illicit and immoral in nature because of the gravity of their consequences. The most representative crimes falling under this legal area include homicide, assault, theft, drug trafficking and sexual offenses. Certain lawyers specialize in a specific kind of crime, whereas others widen their area of practice to include all illegal acts.

Choosing the right lawyer to represent you in your case is a decisive factor in whether you will succeed or not. As may be expected, there are various types of lawyers specializing in different areas, so choosing the right lawyer will mean greater efficiency and competence. A strong defense is much more likely when the lawyer you choose already has expertise in the defense of the crime you’re accused of.

When a person is arrested and charged with a criminal act, they will inevitably feel crushed by the harsh reality. Indeed, persons who go through such an ordeal often describe it as the most traumatic period in their lives. Furthermore, the family of the accused will also share the burden of fear and anxiety.

It therefore becomes crucial to appoint a reliable defense lawyer to take care of your legal issues in these troubled times. The shock will make an individual feel helpless and at a loss as to what to do, so having a lawyer by your side will allow you feel more at ease and confident that the matter is in a professional’s hands.

Apart from the emotional blow, a person facing such serious charges also has their reputation at stake. It is inevitable that when a person is arrested and accused, his record will suffer an indelible mark, which might well influence their life later on. It is only through a sound criminal defense that an individual can safeguard their reputation and professional credibility.

The most common fear of defendants is being sentenced to time in prison. Being forced to spend a period of time incarcerated will mean a harsh separation from loved ones, as well as a huge blow to one’s reputation. Most people faced with a criminal charge tend to panic and imagine themselves in jail before a criminal defense lawyer is hired. Fortunately, a good attorney will manage to eliminate the certainty of jail, or at least lessen the period which must be served.

Browsing the internet will help you make an informed choice in your time of need. Many lawyers today have their own website through which they can advertise to potential clients. Such websites will contain all the relevant information which prospective client would need. Certain lawyers also offer free consultation to anyone wishing to make use of such service in order to better understand his legal position in such an important time.…

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General Article

5 Rights Of a Business Owner

Business owners are accountable to their customers, staff, colleagues, and the whole community for their actions and treatment. They also affect many people directly or indirectly.

It may seem not very comforting when starting a business, but things will become easier once you know your rights. It would help if you learned about your rights to employees, stakeholders, and yourself. It would help if you also visited luminablog.com to learn about rights towards your consumers.

Here are the fundamental five rights of a business owner.

1.  You deserve the best

We are no longer in an era in which business owners, either from the employees or consumers, have to settle for average performance. As long as you have documented or made your expectations clear, your employees or consumers are responsible for not meeting expectations.

The business owner should make every effort to satisfy customers’ and employees’ demands or concerns to meet required expectations. But when their motives no longer align with the business expectation, even after repeated efforts? The owners of businesses have every right to end these ties and concentrate on more productive connections.

In addition, business owners also have the right to terminate any professional relationship at their own will. After all, a mediocre sales force can impede the business’s health in this highly competitive world.

2.  The right to refuse service

Every business owner has the entitlement to reject services in some cases. There are so many online services for business, so you do not put your business in danger by adhering to a particular service that is not profitable.

Nevertheless, it would help if you took special care of your action to not be too discriminatory by the law. If, for instance, you have clients that are disturbing, disorderly, or abusive of personnel, as a company owner, you have the right to refuse service on safety grounds.

However, business owners cannot deny services based on the religion, ethnicity, color, gender, disability, or origin of a customer. Regardless of the situation, business owners need to ensure that they exercise their privilege with their best judgment.

Regardless of choice, you must clearly explain why the clients are denied services. If a complaint lawsuit is brought against you, your reasons should be solid enough to make you successfully win the case.

3.  Right to change

Business owners have every freedom to revise their working policies, products, and services. Some changes may be recognized, while others may confront staff or consumers’ resistance.

Ideally, before implementing any change, company owners should talk to all affected groups about these changes. However, they also have the right to undertake certain adjustments without the agreement of staff or customers.

4.  Freedom of speech

Each business owner has the right to communicate ideas and thoughts. However, they also need to be careful not to force their views on others. Inappropriate discussions on a product/service or with consumers can give the market a terrible impression. Finally, they ought to avoid themes that can harm people’s feelings or religious beliefs.

5.  Right to make decisions

Every business owner has the right to make decisions for their company. They have every power to take decisions that can enhance their business’ profitability. The actions taken should, however, be ethical and should not harm any part of society.

In addition, the company owner might change its current business tactics at any time. They can also embrace any corporate strategy that they believe will be beneficial to the company and consumers.

Although the business owner is the only decision-maker in the business, the views of their staff should also be welcomed. They should also take into account consumer wants and expectations from its brand.…

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General Article

Finding the Right DUI Defense Attorney Helps Reduce Effects

Finding the Right DUI Defense Attorney Helps Reduce Effects

If someone is charged with Driving Under the Influence (DUI) in Tampa, Florida, it is important that they obtain representation from a reputable Tampa DUI attorney. A charge of DUI will not only affect their criminal record and freedom, but their driver’s license, insurance rates, current employment, and possibly future employment. The penalties for DUI in the State of Florida are substantial, and a defendant needs an aggressive and experienced attorney to represent their interests.

Florida DUI Law

Florida law states operating a motor vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher, or under the influence of chemical substances when affected to the extent normal faculties are impaired, is in violation of driving under the influence.

Test Refusal

Florida law requires suspension of the driver’s license for 12 months for the first offense and 18 months for any subsequent offense of refusing testing for alcohol or substances concerning driving under the influence.

Driver’s License Suspension

Upon a first offense, the driver’s license will be suspended for 6 months, 12 months for subsequent offenses, and for 18 months for a third subsequent charge.

At the time of license reinstatement, an administrative fee, reinstatement fee, license fee and an examination is required, as well as proof of liability insurance at the time of the arrest or liability coverage.

License Administrative Review Hearing

Beginning the date of your arrest, the accused has only 10 days to file for a formal review hearing before the Florida Department of Highway Safety and Motor Vehicles or face automatic license suspension for either 6, 12, or 18 months, depending on the situation. A Tampa DUI lawyer can prepare the necessary paperwork to request a review hearing in order to obtain a temporary driving permit.

If the individual waits to reinstate their license once the revocation period ends, they will be required to provide proof of enrollment or completion of DUI School and treatment, complete required examination, pay an administrative fee, reinstatement fee and any license fee, as well as provide proof of liability insurance on the date of arrest or liability coverage and a reinstatement fee.

Ignition Interlock Device

Upon conviction, the person could be required to have installed in their vehicle an ignition interlock device upon eligibility of reinstatement for a permanent or restricted driver’s license.

Experienced Tampa DUI lawyers can explain the options and guide them through the legal process. Depending on the circumstances, the charge maybe reduced or dismissed and the license returned to them as though it was never suspended.…

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General Article

Is That Criminal Lawyer the Best?

Is That Criminal Lawyer the Best?

When selecting a criminal lawyer, numerous factors should make a difference in who you select. This person is going to represent you in a court of law. That means his or her actions are going to have a direct reflection on the outcome of your case and on you as well. For this reason, it is a very good idea to hire someone that you feel you can trust to help you through this legal situation. No matter how serious the charges are, it is critical for you to select the attorney that is going to impress you. If he or she does not have the ability to impress you, how will the attorney impress the court?

What Really Matters

As you consider the vast number of criminal lawyer firms available today, it is easy to believe that they are all the same. They are not. In fact, it is very common for individuals to find themselves overwhelmed with options and still be unable to choose. There are some qualities you will want to look for in these professionals. These things make the biggest difference in what they will actually be able to help you to accomplish.

– Is the attorney confident but not overconfident? You do not want to hire someone that has an ego two sizes too big. Rather, you want someone that knows his or her job and has the ability to win cases because of that confidence.

– You will want someone that is trustworthy. Do you trust your attorney? If there is any reason you cannot or do not trust him or her, look for someone else. You should have the utmost of faith in this provider.

– Your attorney should be someone you feel comfortable talking with and someone that is compassionate. They need to spend some time with you and help talk you through what is happening. The attorney that understands that this is a life changing event for you is one you can trust the most.

– Are they reliable? You will want to hire someone that shows up for appointments on time. You want to ensure the lawyer does what is promised.

– Is the provider one with a good reputation? If they are well known as a fair and honest lawyer, then you know they are someone you want to be associated with through this process.

A criminal lawyer can provide you with any type of help you need but the right one will help you to achieve the best possible outcome possible. That is something to strive for when you are considering the long list of providers available.…

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General Article

Criminal Law Degree Programs

Criminal Law Degree Programs

Criminal law can be also named penal law can be used to refer to any of the bodies that rule different areas in an effort to impose punishment to individuals or persons that have failed to comply with the same.

Such punishment may vary with the severity of the crime that is being looked into. Sometimes, the severity of the crime might lead to the execution of the perpetrator.

A criminal law degree will help one to be able to understand the legal guidelines as well as the punishments that are given for breaking such laws in the different areas.

Different countries have different laws. For example, in most Muslim countries, they use the Sheria laws which are very strict.

Crimes like robbery are punished by the cutting off of the perpetrators hand while adultery is a very serious crime which leads to death by stoning.

If you want to study a law degree in such countries, this is what they will be learning.

When you compare such laws and their punishments to other countries, you will find that they are too strong because in some countries adultery is not a crime that can be punishable by law.

There are different ways that you can be able to study criminal law. You can choose to take an associate’s degree where you will be able to learn law enforcement, corrections, paralegal careers etc. which is normally completed in two years.

An associate’s degree however will have less training than a law degree.

This is why you will find most people will prefer to have a bachelor’s degree as they will be more qualified than when they have an associate’s degree.

Additionally, you can be able to qualify for various jobs such as social work, correctional treatment specialist.

You should also be aware that a normal bachelor’s criminal law degree might be gotten after about four years of study.

Once you have gotten this degree, you can be able to easily secure a job and then you can decide whether to continue to a master’s level or stay with the bachelor’s degree.

Doing a master’s program has got several benefits. The first benefit is that you will be qualified for higher and more challenging jobs than when you had a bachelor’s degree.

This means that you will have a wider experience when it comes to law matters. Secondly, you will also be able to earn far much more than when you had a bachelor’s degree.…