Capital punishment, also known as the death penalty, is the practice of executing individuals as punishment for certain crimes. While it has been practiced in many societies throughout history, the use of capital punishment has been controversial and has sparked debates about its effectiveness and morality. In this essay, we will explore the issue of capital punishment in relation to human rights.
One of the main arguments against capital punishment is that it violates the right to life. The Universal Declaration of Human Rights, adopted by the United Nations in 1948, states that "Everyone has the right to life, liberty and security of person." This right is considered to be fundamental and is protected by international law. Capital punishment, by its very nature, involves taking the life of the convicted person, and therefore, many argue that it violates the right to life.
Another argument against capital punishment is that it can be applied unfairly, particularly to marginalized or disadvantaged groups. There is evidence to suggest that capital punishment is disproportionately applied to people of color, poor people, and those with mental disabilities. This raises concerns about the fairness and impartiality of the criminal justice system, and suggests that the death penalty may be used as a tool of oppression rather than as a means of justice.
Additionally, there are concerns about the possibility of wrongful convictions in capital cases. Despite advances in forensic science and other forms of evidence, mistakes can still be made, and innocent people can be sentenced to death. In the United States, for example, there have been several cases where individuals have been sentenced to death and later exonerated through DNA testing or other means. The irreversibility of the death penalty means that once an execution has been carried out, there is no way to correct a wrongful conviction.
On the other hand, proponents of capital punishment argue that it serves as a deterrent to crime and helps to protect society. They argue that the threat of the death penalty can discourage individuals from committing serious crimes, and that it provides justice for the victims of such crimes. Some also argue that the death penalty is necessary to send a message that certain crimes will not be tolerated.
However, there is little evidence to support the claim that capital punishment serves as an effective deterrent to crime. Studies have shown that the rate of crime is not significantly lower in states that have the death penalty compared to those that do not. Additionally, other forms of punishment, such as life imprisonment, can also serve as a deterrent and provide retribution for victims without resorting to the death penalty.
In conclusion, the issue of capital punishment is complex and multifaceted. While it may be argued that the death penalty serves as a deterrent to crime and provides justice for victims, it is also clear that it raises significant concerns about human rights. The right to life is fundamental, and there are serious concerns about the fairness and impartiality of the criminal justice system. In light of these concerns, it is important to carefully consider the use of capital punishment and whether it is truly necessary and justifiable in modern society.
Doctrine of Ultra Vires: Meaning, Examples, Solved Questions
What happens if a law is ultra vires? A person appointed as an executive magistrate and a person; empowered with the powers of an executive magistrate is different. Each issue also contains an extensive section of book reviews. What does Doctrine of Ultra Vires Mean? State of Madhya Pradesh The Parent act cannot delegate the essential functions to the subordinated delegated legislation. The same is indicative of the maximum load that can be drawn at the premises of the consumer at any given point of time. The KSEB is supplying electricity for industrial purpose, under LT-IV tariff, at a subsidised rate, whereas, supply of electricity for commercial purpose, under LT-VIIA tariff attracts a higher rate. What is permitted is the delegation ofancillary or subordinating legislative functions, or, what is fictionally called, apower to fill up details.
An ultra vires act will be wholly void and it will not bind the company; neither the company nor the outsider can enforce the contract. Companies have a variety of legal documents and directives that outline the parameters of what actions are permitted by each organization, its employees, and directors. The impugned judgment of the High Court correctly read and applied the law in the light of the settled judicial position. It is also provided that the licensee may, suo motu or on an application from the consumer, regularise such additional load mentioned in clause a and clause b of Regulation 153 4. An order of certiorari or quashing order, an order of a higher court issues to review the decision and proceedings of an inferior court or body acting in a quasi-judicial capacity and determine whether References: Bradley, A.
Constitutional and Administrative Law, 15th edn. As such, intention is not the foundation for invoking powers of the competent authority and passing of an order of assessment under Section 126 of the Act. To understand the role of the Supreme Court in the American system then one must pay attention to the social impact of court decisions. It is a well-settled principle of interpretation of statutes that the conferment of rule-making power by an Act does not enable the rule-making authority to make a rule which travels beyond the scope of the enabling Act or which is inconsistent therewith or repugnant thereto. It was also made clear that, the penalty rate shall be applicable to both fixed and energy charges for the unauthorised use.
The use of the negative language in the condition itself declares the intent of the parties that there was an implied prohibition in consuming electricity in excess of the maximum load as it would per se be also prejudiced. Again, there is no occasion for this Court to give a restricted meaning to the language of Explanation b iv of Section 126. What is the meaning of vires? Similarly, in Classic Color Lab's case supra this Court was dealing with a case in which electricity supplied at a subsidised rate for industrial purpose under LT-IV tariff, was unauthorisedly used for commercial purpose, which attracts a higher rate under LTVIIA tariff. The doctrine of Ultra vires prevents the company from using the money of the investors other than those mentioned in the object clause of the memorandum. Whitworth, it was held that a company could never invest any of its funds for any objectives that do not come within the ambit of the objects specified in the MOA and should be utilized only for the authorized objectives. In Board Order dated 7. Undisputedly, in terms of the request made by the respondent, the Chief Engineer had sanctioned connection on the existing system with a load of 1500 kW, but the respondent used excess load to the tune of 481.
Law Web: What is basic concept of doctrine of ultra vires and how it is applicable to delegated legislation?
The CTU has to also discharge functions of planning and coordination relating to inter-State transmission systems. REGULATION 153 15 OF THE CODE 2014 61. Xxx xxx xxx 71. Rules are duly made relative to the subject-matter on which the statutory bodies act subordinate to the terms of the statute under which they are promulgated. To explore this concept, consider the following ultra vires definition. When there is disagreement between lower courts, the Supreme Court will read over the case and see if there is something in this case that may be of great concern to the nation, area, sex, race, etc. Article 13 2 of the Indian Constitution states that a law made by the state is held void if it abridges or takes away the fundamental rights conferred under Part III of the constitution.
While rejecting such contention, this Court clarified that the explanation to Section 126 is not exhaustive and any use of electricity which is not permissible and beyond the contract demand amounts to unauthorised use of electricity and the blame contemplated under Section 126 of the Act 2003 is not dependent on whether the overdrawal transgresses into another tariff category or not. What is an example of intra vires? ADVERTISEMENTS: Any contract which is ultra-vires the company, will be void and of no effect whatsoever. The learned counsel appearing for the respondent consumers vehemently submitted that no error not to speak of any error of law could be said to have been committed by the High Court in taking the view that if the overdrawal of electricity is detected in the same premises and for the very same purpose, then, the same would not amount to unauthorised use of electricity within the meaning of Section 126 of the Act 2003. This meant that their land does not absorb water well, or that it does not allow water to easily pass through, and so a separate drainage system is necessary. It is difficult to point out the motive, so the courts generally term them in a broad sense as the abuse or improper exercise of power.
The articles and case notes are designed to have the widest appeal to those interested in the law - whether as practitioners, students, teachers, judges or administrators - and to provide an opportunity for them to keep abreast of new ideas and the progress of legal reform. Several modern developments relating to corporate formation have limited the probability that ultra vires acts will occur. Therefore, a construction which will improve the workability of the Statute, to be more effective and purposive, would have to be preferred to any other interpretation which may lead to undesirable results. In 1866, the doctrine of ultra vires was first accepted in the case of Jahangir R. Conclusion It is observed that ultra vires have played a crucial role in the administrative and constitutional law of the country.
Of Fig Leaves and Fairy Tales: The Ultra Vires Doctrine, the Sovereignty of Parliament and Judicial Review on JSTOR
A good example of this is when cases were sent to the court to challenge whether or not the Vietnam War was constitutional. When we talk about Company Law, we can say that any act done by the company which does not fall under the object clause of the Company is an act done ultra vires. Hence, it is null and void. Part III of the Act 2003 deals with the generation of the electricity; Part IV deals with licensing; Part V with transmission; Part VI with distribution and Part VII with tariff. Only the transactions that are beyond the scope of what a company can do will be liable under the scope of the doctrine of ultra vines. The need for delegated legislation is that statutory rules are framed with care and minuteness when the statutory authority making the rules is after the coming into force of the Act in a better position to adapt the Act to special circumstances.
Delegated legislation has come to stay as a necessary component of the modern administrative process. Who is liable for ultra vires? The decisions of justices have "altered behavior of political and governmental officials as well as a man walking down the street" Miller 4. Every illegal transaction or abuse of power by directors or employees of a company will not come under the scope of the doctrine of ultra vires. The respondent in Seetaram Rice Mill supra was a partnership firm engaged in the production of rice. The doctrine of Ultra Vires in Administrative Law means that the authority can only use that much power which is conferred by the law.
TRENDS IN THE CONCEPT OF ULTRA VIRES: THE NIGERIAN RETHINK
Estimation and regularisation of unauthorised additional load. At this stage, it is apposite to state about the rule making powers of a delegating authority. The doctrine of ultra vires has helped the judicial body immensely in regulating the functioning of various authorities in our government. Long Island Railroad Company, 248N. It thus became ultra vires. As the body making rules or regulations has no inherent power of its own to make rules, but derives such power only from the statute, it has to necessarily function within the purview of the statute.