EU Law assignment Essay Example | Topics and Well Written Essays - 2000 words

EU Law assignment - Essay Example had reviewed the role of the national courts and maintained that the spirit of the EC law would be harmed if individuals were deprived of availing themselves of redressal for damages suffered due to the infringement of EC law by national highest courts of last instance of the respective member states. The ECJ specified that the national courts that constitute the very last forum were truly the last judicial entities available to individuals. At that stage individuals attempt to assert the rights provided by Community law. Thus the judicial bodies that are in effect the last resort of individuals at the national level should invariably follow the provisions of Community law. The ECJ also pointed out that Article 234 EC is an indicator of the spirit of the Community and the Treaty Scheme that protects individual rights conferred by the Community law. Therefore, the national courts of last instance should not infringe Community law3. The ECJ’s ruling in Kobler paved the way to initiate elaborate discussions on several legislative issues concerning state liability. The Advocate General asserted that judges of national courts should not confine themselves to the national law alone, but that they have to act within the purview of the EC law, in order to maintain the spirit of the EC Treaty. This requires national judges to critically assess the scope of national law and the application of the EC law over national law, since EC law has supremacy over national law. Moreover, they have to ensure that their national law is in conformity with the Community law. This would result in the judges of the domestic courts, ignoring pieces of national legislation that were enacted lawfully under the national procedure for enacting laws, in order to give preference to EC law. In such situations the fundamental doctrine of separation of powers would have to be infringed. This role allotted to the judiciary is akin to the r ole allotted to the higher courts that have to uphold the

Latin American Politics Essay Example | Topics and Well Written Essays - 1000 words

Latin American Politics - Essay Example There is no such ideal situation defining the real state of democracy, in fact there may be a narrowed down democracy in certain countries or there may be a broaden concept of democracy prevailing in the others. The narrowed democracy is a situation where certain aspects of democracy are existent while the others are entirely invisible, for instance in Peru. In such cases the governments are purely appointed by the people and are very much people-oriented, but there some problems of democracy are also prominent, such as the freedom of speech, the liberty of press, the development of human rights and the free establishment of organizations fostering such attitudes in society. These problems arise because in a narrowed down democracy, the government that has been selected by the people is not willing to provide such a freedom to its people. Conversely, in a broaden concept of democracy that can be spotted in most of the developed countries of the world, where the people do not only exercise the power of selection and appointment of a government, but also are bestowed with complete human rights, freedom of speech, liberty of press and expression of ideas. ... The democracy in Latin America is on the way to extinction. The political history of Latin America is full of attacks on democracy, giving a deteriorated picture of democracy in the region. Its history reveals a series of confrontation with pure democracies as well as pure dictatorships. In Latin America, the first move of peoples' attitude from democracy came into existence even before the year 1989. This change in peoples' attitude towards democracy dates back to the period of 1960s when the youth of Latin America were in a great number shifted towards the socialist view rather than a democratic view of government. But during the year 1980 and ever since after that time there has been a continuous effort for the re-establishment and re-development of democracy in Latin America. However, these efforts were less successful in their aim every time for so many reasons. This has not been just the case in Latin America; in fact even in the case of countries with relatively broader concept of democracy than Latin America, the problems of democracy can be spotted. A principle example to this approach may be Mexico, which is a country that has been continuously heading towards an advanced form of democratic government. Brazil and Peru have also been confronted with the same situation in their progression towards a more democratic government. The general situation is worsening in these countries with respect to human right motives and activities. In Mexico, the governments pay no consideration to the development of their people in the setting of their political objectives. Most of the people are living strictly hand to mouth in the country. Consequently, there has been much widely prevalence of criminal offences and also the Guerilla movements