Saturday, February 15, 2020

Human Rights Act 1998 6(3)(b) Essay Example | Topics and Well Written Essays - 1000 words

Human Rights Act 1998 6(3)(b) - Essay Example This pigeonholing of information meant for the common people of a democratic country only serve to increase ambiguity about the nature and extent of their existence and most importantly the essential function they possess to help the citizen of the state. Statutory interpretation of Section 6 of the Act makes the understanding of two types of "public authority" seemingly quite clear-cut within the sphere of judicial classification. Obvious public authorities, private authorities that act publicly and as per section 6 (3)(a), those bodies who may be part of any court or tribunal2. Thus Public Authority stands precariously at a very sharp contrast to the given fundamental rights under the British Constitution Law. Briefly, the 6(3)(b) may be seen as one of those restrictive clauses that seek to curb those given rights under imposing specifications that though clarify their function of being exhaustive to their cause, is nonetheless oppressive to universal ideology of the Human Rights. Thus the actual impacts of exercise of such rights are important to the present condition, which shall indicate where our future is headed. Hermeneutics of law is an important step towards grasping the closest interpretation of an evolving constitution that exist side by side to so many case law challenges. To accommodate international or rather European Convention of Rights' incorporating Human Rights law nationally the British Constitution must also revise its fundamental problems of laws full of gaps. The Leonard Cheshire3 case successfully brought forth new interpretation and classification of bodies of 'pure' public authorities. These fell outside the scope and target of the Act since the court had narrowed the whole idea of the 'public authority' for the specific category of section 6(3)(b). The case centered on a home care foundation called the Leonard Cheshire Foundation was unable to fight for the fundamental rights called voicing out. They were thus met with a lot of resistance when they tried to fight against the decision that directed closure of the home thereby leaving the residents free to go wherever they will. This act of closure was problematic to the residents since under the Human Rights Act 1998 the home was being subjected to disrespect by them and the major issue got tied up with finding an apt definition for Leonard Cheshire, which ultimately was declared a non public authority and thus it changed the way human rights act was applicable in its context anymore. The event is familiar to all, but the act requires us to think a step further about the case of fundamental rights being held at variable contexts and thereby being subject to being called null and void when it acted in favor of the residents by helping them find placements too. Similar was the case of Johnson v. London Borough of Havering in 2007 when the Court of Appeal made decision of another care home being governed by the local authority. The transfer from them to another private sector was proposed which brought alarming issues of human rights act and its legitimacy or applicability under the private sector. Hum an rights act enjoyed under the governmental concern would invariably lead to a confusing turn of being loosened and ultimately becoming in effective in the future. Thus under the private sector the public and the private would not be a separate domain at all and be under the constant threat of being violated without any fixed line drawn legally to act in favor of its citizens.

Sunday, February 2, 2020

Interview data collected and analysed (grammar, linking words, rewrite Essay

Interview data collected and analysed (grammar, linking words, rewrite concussions for each part - Essay Example It is quite necessary to conduct such a study in Saudi Arabia, as it is one of the most resourceful countries. Unfortunately most of its resources are wasted on unnecessary purposes like maintenance of buildings, especially hospitals. So this study bring to light a good point that maintenance costs would be less or not required at all if there is no faulty construction. However, there is a need to focus on the relationship between design building and maintenance, in terms of reduced maintenance budgets, in order to avoid design defects in Saudi Arabia, as the harsh climate of the Saudi Arabian Rub Al-Khali shortens the life of buildings. Therefore, this study will talk about the appropriate steps that should be considered while building new infrastructures in the future. Poor designing leads to defects and imperfections in the building structure, and it occurs due to defects in material selection, ventilation arrangements that are made as well as flooring defects that occur during th e construction process of the building. The beginning chapters lay emphasis on maintenance and stress that maintenance of buildings is increasing annually by great margins in Saudi Arabia. One of the main cause for this increase is the defects that take place during the construction process itself because if a building is constructed with the right selection of quality materials with the right design concepts and with the accurate plan then the maintenance cost required will be much. This is due to the fact that quality building material during construction will obviate the necessity for frequent repairs. As a continuation of the previous chapters it is an understood fact that building designs, which ignored the maintenance practicality and adequacy were the main determinants of increased maintenance costs in case of the hospitals in Saudi Arabia. But this maintenance is difficult because of the non-availability of replacement materials, skilled personnel and lack of funding for mai ntenance purposes. Hospital maintenance in Saudi Arabia is governed by a number of rules, which resist breakdown provisions of hospitals. Compared to other buildings, it is a hospital that requires timely and appropriate maintenance, as it is a life saving institution as doctors try their maximum to treat the patients. It is an established fact that hospital buildings should be based on the equipments that the hospital plans to install. Thus, the issue of maintenance stems from the wrong designing concept that has been used. Design faults in hospitals require costly restoration as maintenance cost or it requires the total tearing down of those buildings. Specification writing defect is a design fault, which is of high importance in the construction of hospitals. The next identified defect in design fault is the wrong material selection. Thus, proper care should be given with respect to procurement of materials and it would be good to prepare a material requirement plan in advance so that shortage of materials does not lead to the procurement of defected materials. In the literature review it has been mentioned about TQM or Total Quality Management. TQM is considered as a revolutionary approach to successful organization. The numerous researches in TQM have materialized from realistic requirements of organizations implementing the principles, which is highly practical