Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Ageing population trends essay
Ageing population trends essay
Ageing population trends essay
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Ageing population trends essay
The rise of the unprecedented ageing of the population in Australia has provoked a significant amount of interest being paid with regards to the difficulties facing elderly people who have become subject to various forms of abuse, including financial abuse. Subsequently, situations have arisen whereby an improper acquisition of the elder’s assets by their children or other relatives appointed to protect their interests has led to an increase in equitable doctrines being pleaded to set aside these transactions . Therefore, the purpose of this essay is to critically examine the ways in which the operation of the equitable doctrines of undue influence inter vivos and unconscionable dealings for the elderly claimant has been applied in the
in the country can afford the best lawyer and it is true to say that
some lawsuits to go forward against the government is limited for policy reasons. This is because these suits may hold the government responsible for too many misfortunes, or prevent the government of agency from engaging in certain duties without the threat of exorbitant financial responsibility. The second prong of the Anns test thus prevents the government from becoming an insurer of all potential harm which the government is found to have a proximate relationship to.
In the video “Aboriginal Peoples -- It's time”, the main topic of the video is advocating for equity and justice for the aboriginal people. Aboriginal people is a collective name for the original peoples of North America and their descendants. The Canadian constitution recognizes three groups of Aboriginal peoples: Indians (commonly referred to as First Nations), Métis and Inuit. These are three distinct peoples with unique histories, languages, cultural practices and spiritual beliefs. More than 1.4 million people in Canada identify themselves as an Aboriginal person, according to the 2011
The merits of both the adversarial and inquisitorial system will be explored throughout this paper. The Australian rule of law best describes as all law should be applied equally and fairly. The five vital operations of the rule of law includes fairness, rationality, predictability, consistency, and impartially. The adversarial system adopts these operations by having a jury decide on the verdict and the judge being an impartial decision maker. In contrast, the inquisitorial system relies heavily on the judge. This can result in abusive power and bias of the judge when hearing evidence and delivering verdicts. The operations of the rule of law determine why the rule of law is best served by the adversarial system in Australia.
Indigenous Australians began to be robbed of their rights and freedoms when the Europeans colonized Australia. Since then, Aboriginal people and Indigenous supporters have taken steps towards equality and reconciliation.
In conclusion, the doctrine of precedent is valuable for society but shouldn’t always be followed blindly, as, “somewhere between the world of slavish obedience to past precedent and antagonism towards its rules, lies the real world of Australian law as it is practised in the courts” (M Kirby, 2006).
Within the Australian justice system, the most severe and utilized form of punishment sanctioned to criminal offenders is imprisonment (Brown 2012, p. 484). Admittedly, whilst this method of punishment incapacitates criminal offenders from society, various bodies of research critique whether incarceration truly reduces the overall rate of crime (Hayes and Prenzler 2015, p. 309; Goulding 2007). Despite this concern, preceding decades has seen established criminal justice divisions in Australia amplify their punitive stance on crime via escalating the length and rate of penal incarceration. Within this time frame however, various forms of justice procedures have emerged that have sought to alter existing justice procedures by tackling the problem
Forms of punishment in Australia have changed to a great extent since the late 1700’s when the convicts arrived. Many factors have influenced this change, such as the effectiveness of the punishment or how it affects society. Today, many people would find the older punishments that were used rather outrageous and necessary, in contrast with the punishment system that is in Australia today, which can be seen as a lot more effective and humane.
Whether the adoption of a constitutional Bill of Rights promotes freedom and liberty is a highly debated topic. I agree that Australians should avoid the immediate adoption of a constitutional Bill of Rights as it gives the judiciary too much power. This essay will explore the advantages and disadvantages in implementing a constitutional Bill of Rights and whether implementing a Bill of Rights will shift the balance of the government and courts and what those consequences will be. This essay will further attempt to provide an alternative solution to protecting human rights in Australia if a Bill of Rights is necessary.
A Bill of Rights would protect universal rights not currently protected by Australian law (State Library of NSW 2005, p.9). “The Australian Constitution says little about the relationship between Australians and their governments”, does not contain explicit rights-orientated provisions, nor does it “set out the fundamental rights or aspirations of the Australian people” (State Library of NSW 2005, p.4). Australia is party to seven key international human rights treaties including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment, the Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of Persons with Disabilities (Law Council of Australia 2016).
Death penalties have been around for centuries. They have been used all around the world to eliminate deadly criminals from streets to make sure they’ll never hurt anyone again. Albeit, during 1976 Canadians found the death penalties to be quite unethical, so they declared the end of death sentences in Canada. A foul crime such as murder can result in a death penalty depending on the region one is in the world. Despite that fact, for Canadians committing a murder it would only result in at most 30 years in jail; a punishment that is not severe enough. It shouldn’t be fair that if one kills another all the punishment they get is time to learn how to do it better from experts at the job. Yes, criminals have to face a lot in their life in jail
Accessed 16/03/2012. http://www.law201.co.uk/95.pdfaccessed on 16/03/2012. http://www.oup.com/uk/orc/bin/9780199219742/01student/mindmaps/loveland_mindmaps_royal_prerogative.pdfaccessed on 17/03/2012. http://www.justice.gov.uk/royal-prerogative.pdf accessed on 17/03/2012. http://www.justice.gov.uk/royal-prerogative.pdf accessed on 18/03/2012.
...s a commonly referred example of impartiality and equality in Australian law. This High Court challenge concerned the claiming of native aboriginal lands in Australia. Mabo’s case was successful and the government made complementary legislation the following year, in the form of the Native Title Act 1993. The jurisdiction made by the High Court in this example acted as a trigger for the government to make legislation to improve equality in our laws.
The courts of England and Wales acknowledge that the above must be something of value, in order to amount to consideration. A valuable consideration in the perspective of the English La...
“Being well informed about rights and different ways these rights can be used when one becomes disabled or dependent on others for support and care will not only empower the older people but also be a way of providing protection at all levels.” (Auckland, service provider focus group). This is a great way to empower the elder and show they have a support system that will aid them through these challenging and demanding times. Informers agree that a way to protect elder adults from abuse is educational services to the general public and believe it will be a step to grant independence to older