Saturday, December 23, 2006

My Therapy

This is a poem I wrote. The previous post is what inspired me to do this. It turned out more therapeutic than I had anticipated. Hence, the name of the poem "My Therapy". Hope it doesn't suck that much...



I am not looking to aggrieve, nor am I looking for love,

I am looking for peace within myself


I am not looking to make someone proud, nor look upon a cloud

All I want is happiness


Flatter yourself not, I am not looking for adoration either

All I want is happiness


You would think, seeing you would be hard now

But all I feel is regret


Nothing is stopping me from finding happiness

So why am I writing this?


I cannot still have feelings for you

What about my ego? What about my pride?


You did not want to be friends, let alone anything else

Am I that pathetic, that sad; unable to even forget you?


Am I deemed incapable to befriend

Or is awkwardness forcing you to avoid me?


Do I really feel regret when I see you

Or is it easier to believe that I do?


Is my pride disguising what I really feel;

Could I be in love with you?



I do not know what love means

All I know is that this is as close as I've ever been


You never gave me a chance to get to know you,

Not as a friend or as anything else


You have done nothing but avoid me

When I have done everything to befriend you


How can I be in love with you

After all I've been through


It all makes sense now, I am not in love with you,

I am in love with what I imagined you to be


All those daydreams, all those sleepless nights,

Caused by an imaginary person


Never in my life have I ever loved you,It is what I envisioned you to be,

which I've loved, all along



MMK

Thursday, December 14, 2006

Here is a song that really touched my heart...

Its an arabic song I translated. This is amatuer work and in no way indicative of what the author of the lyrics meant when he wrote them. It is my adaptation or my understanding of his song translated in Engish. The song was sang by Rashed Al-Majed and it was beautifully written and articulated (in arabic) by the recently deceased Talal Al-Rasheed who was shot dead when he was ambushed by an armed group in Algeria. He was hunting for gazelles and other animals in that area. Talal was known for his bedawin style lyrics in his poems. A very wealthy Saudi Arabian man who comes from a family that once ruled the northern part of what we now know as Saudia Arabia back when it was not united yet. The Al-Saoud family (the current rulers of Saudia Arabia) are responsible for uniting all of the land that we all now call The Kingdom of Saudia Arabia. But anyway back to the song... here is my translation to it. The song is called 'allamteni' which means "You taught me."



You taught me how to love, you taught me how to care,

Teach me how to forget you, teach me how to neglect you


Oh sea how I'm lost in you

Both shore and mooring line


Come over, come over

Rub my tears away and go


Come over, come over

Bring me another heart and go


Come over, come over

If you remember the wounds


Oh oppressor of looks

How stingy you are at giving them


When I have given you both eyes and eyelids

That's the bed and there's the bed covers


Oh wound where do I begin

When you've been with me since my birth


My arms refused to abide

It refused to wave goodbye to you


Just teach me how to be all but dried up

Since I was unable to teach you how to be loyal


Oh sea I'm so lost in you

Both shore and mooring line


You taught me how to love, how to care

Teach me how to forget you and teach me how to neglect you


Tuesday, December 05, 2006

Never in my life have I seen such an exceptionally well executed piece of work like this one

Season Five of 24 exceeds in almost every area over ALL (that's right ALL) other TV shows. Let me put it this way, Season Five of 24 has raised the bar so high that it is no longer fair to compare any other TV show to it. AAA Hollywood action movies hope to reach the exceptional high quality that 24 has set this season.

It has a wonderful cast of actors who not only bring the characters to life but actually make you believe that these absolutely horrific circumstance may occur in a single day, which is no easy task!

It starts with an almost unprecedented season opener that I have ever had the pleasure to witness. I remember I was eating my dinner when I stuck the first disc in my DVD player and hit the play button. 5 minutes or so into the episode my jaw dropped to the floor with half chewed food still in my mouth (my brother did not appreciate that very much) and I couldn't close my mouth for the next 10 minutes (By that time my bro. had had enough and left the room).



After watching that episode, I couldn't help but think to myself that the plot can only go downhill from there because how can you top that? Well the next few episodes completely blew that theory out of the water. There is a constant stream of twists and surprises that are both completely unpredictable and very satisfying. Half way through the season it got so good I seriously wandered if it was illegal for any TV series to be this good. Season Five is absolutely phenomenal!

If you haven't seen any of the previous seasons and are wandering whether that would hinder your almost imminent enjoyment of this fine work then you would be glad to hear that the season premier has a small recap at the beginning of the episode that does a very good job at bringing you up to speed and summarises pretty well, the events that led to the certain state of affairs that the characters are already in.
Yes, you would understand this season better if you saw the previous season/s first but it will NOT hinder your enjoyment if you didn't.


This season got 5 Emmy Awards including Best Drama. Go buy the DVD.

MMK

Saturday, August 26, 2006

Separation of Powers

  • Fundamental principle idea, doctrine: conventional, legal, quasi-legal aspects.

  • Purpose: Separation of Powers explains the distribution of power but is largely power-limiting.

  • The control of power depends on its fragmentation (Harlow).

  • Classical view: 3 government functions : legislative, executive – administrative, judicial.

  • Separation of Powers may be approached as descriptive or as prescriptive (it requires).


Constitutional theory: no single doctrine or model, but many (vile); for example:


  • Separation of Persons: Constitution forbids different branches to consist of the same people (prevent over-concentration of power) (Montesqui; Locke).

  • Isolationist or non-participation model: constitution assigns one function to one institution and forbids interference by others in its exercise. E.g. Vertical: Roman Catholic Church – Canon Law: three hierarchys (power confined).

  • Participation of control model: checks and balances: institutions in different branches are empowered to control exercise of power by bodies in other branches (e.g. Horizontal: US constitution: congress, president supreme court); Marshall suggests this is the most sophisticated of the SOP models.


Constitutional practice in the UK debate amongst theorists (e.g. DeSmith v Munro).


  • Separation of persons: Composition laws illustrate this in its prescriptive form e.g. House of Commons Disqualifications Act 1975: e.g. Judges civil servants barred from membership of HC as legislature (compare e.g. Monarch : fusion).

  • Isolationist Model: (a) authorisation to tax assigned to legislature (parliamentary statute authorises executive to levy), executive cannot levy without statutory authority (Wiltshire Diaries); (b) parliamentary sovereignty; law – making (by statute) assigned to parliament, courts cannot dis apply statute. (Diplock in Duport); (c ) Royal Prerogative (mainly executive functions courts cannot question exercise (classical idea); but, at the same time e.g.: executive may be empowered by parliamentary statute to make secondary legislation.

  • Control Model: e.g. Royal prerogative: executive act of dissolution of legislature Parliament administrative law: judicial review of executive action; but the judges are the legislators of the common law (Munro: e.g. Shaw, Knuller) (exceptions to isolationist model represent illustrations of the control model).



Case study: illustrates the difficulties in identifying which SP model operates in UK.


  • Haughton v Smith (1975) HL refuses to recognise attempting the impossible as criminal (to do so would unsurp Parliament law-making: Hail sham): isolationist.

  • Law Commission (1980) (executive) recommends change in law (new crime) and reversal of the decision in Haughton v Smith.

  • Criminal Attempts Act 1981, s.1: person is guilty of attempt to commit an offence 'even though facts are such that commission of it is impossible.'

  • Anderton v Ryan (1985) HL: Parliament failed to create a new offence (asinine if guilty only when there is mens rea; dissenting judge (edmund David): new offence created; majority employs control model (and frustrates Parliament).

  • Shivpuri (1987): HL reverses Ryan decision by invoking 1966 practice direction (i.e. Reassertion of isolationist approach).



Possible Conclusion:


The difficulties with the doctrine arise mainly if an attempt is made to regard it as absolute. Certainly the doctrine continues to shape constitutional arrangements, and [it] influences decisions, and in some limited form is necessary both for efficiency and liberty.” (Munro).

Human Rights

The origins of Human Rights


  • Modern view of Human rights starts in the 18th century as a philosiphical concept – rights inherent in being human.

  • Developed as a political doctrine in revolutions C18th against oppressive rulers.

  • French declaration of the Rights of Man (1789).

  • American Bill of Rights (1791).



Human Rights and Democracy


  • Conceived as rights against oppressive rulers.

  • Becomes part of liberal democratic theory.

  • Rights that override even popular will or that of democratically elected government.


Nature of Rights


Civil and political rights

  • e.g. Freedom of the person; freedom of expression; freedom of association: right to a fair trial.

Social and economic rights

  • e.g. Right to employment, right to shelter: right to health care.



Traditional British Approach Civil Liberties


  • Freedom to do anything that is not restricted by common law or statute.

  • Recall Dicey's analysis to the rule of law in the constitution:

  • Entick v Carrington (1765)
    “The great end, for which men entered into society was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole.” (Lord Camden CJ).

  • Presumptions in interpretation of statutes (see JR (illegality))
    (a) No taxation without parliamentary authority
    (b) Presumption in favour of personal liberty.
    (c) Presumption in favour of freedom of expression.

  • Principles of natural justice (right to a fair trial).


Shifts since Dicey


Limitations of common law in development of new rights in changed society:

  • Malone v MPC [1979]
    If the tapping of telephones by the post office at the request of the police can be carried out any breach of law. It does not require any statutory power to justify it: it can be lawfully done simply because there is nothing to make it unlawful.

  • Rights against discrimination.




Shift to Legislative Protection


Legislative responses to particular political issues:

  • Race Relations Act 1976
    Makes it unlawful to discrimination against a person, directly or indirectly on racial grounds in employment; education; housing; and in the provision of goods, facilities and services.

  • Sex Discrimination Act 1975.
    This Act prohibits direct or indirect sex discrimination against individuals in employment and can apply to both men and women of any age.

  • Disability Discrimination Act 1985
    Legislation designed to encourage provides to offer services to disabled people without discrimination due to their disability. Aspects of the Act impact on the design of premises, licensed hackney carriages and trains and the provision of services.

  • Data Protection Act 1998
    The Act gives you the right to access information held about you by organisations can use information that they hold – including how they acquire, store, share or dispose of it.

  • Freedom of Information Act 2000
    General right of public access to information recorded by state authorities.



Status of Convention in UK law.


  • Dualist and Monist approaches to international law obligations.

  • Before HRA (Human Rights Act) no direct use of convention in UK courts.

  • Referred to: Derbyshire CC v Times Newspapers.
    A local authority brought a libel (A false publication that damages a person's reputation) action against a newspaper which had questioned its handling of a super equation fund.

    Court of Appeal applied Art.10 of the European Convention on Human Rights in finding that a local authority cannot sue for libel.

  • Limits on use of Convention (Malone v MPC; Brind v Home Secretary)


Article 3 – Prohibition of Torture

  • No one shall be subjected to torture or to inhuman or degrading treatment or punishment.



Article 10 – Freedom of Expression


Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and import information and ideas without interference by public authority and regardless of frontiers.


The exercise of these freedoms, since it carries with it duties may be subject to laws and restrictions like:

  • national security

  • prevention of disorder or crime

  • Protection of health or morals

  • Protection of the reputation or rights of others.

  • Preventing the disclosure of information received in confidence.

  • Maintaining the authority and impartiality of the judiciary.



Convention mechanism for enforcement


  • Convention imposes duty on states parties 'to secure everyone within their jurisdiction' the convention rights and freedoms (Art 1).



European Court of Human Rights

  • Petition to the European Court of Human Rights (nothing to do with the ECJ!)

  • Court sits in 3 forms:
    (1) Committee of 3 (admissibility)
    (2) Chamber of 7 (merits).
    (3) Grand chamber of 17 (serious question of interpretation or risk of if judgements).

  • Court gives judgement – may award compensation.

  • Government then bound to take remedial action.

  • Action reviewed by Committee of Ministers of C of E (Nothing to do with Council of Ministers of EU).



Effect of ECHR on Law in UK


  • Decisions of the European Court of Human Rights had a substantial effect.

  • Prisoners rights (privacy of correspondence; access to legal advice and courts: openness of prison regime).

  • Military discipline


  • Corporal punishment in schools.

  • Telephone tapping.

  • Extradition to USA where risk of death row.



Incorporating the Convention in UK Law.


For Incorporation

  • Rights must be enforceable against the state.

  • Parliament not effective to protect the individual and minorities.

  • Judges may hold executive (and legislature?) in check – distanced from politics – will act on principle not political convenience.

  • Better for UK courts to protect rights that European Court of Human Rights (EctHR).

Arguments against incorporation

  • UK home-grown protection of rights better than alien charter of rights.

  • Parliament is the proper protector of freedoms.

  • Incorporation would bring the judges into the centre of political controversy..

  • Judges lack democratic legitimacy.



Human Rights Act 1998


  • Into force 2nd October 2000. (Why the delay? To give the chance to train the judges!)

  • 'Convention Rights' enforceable in the UK courts.
    - set out in schedule to the Act.

  • Unlawful for 'public authority' to act incompatibly with convention rights.


Decisions on Compatibility


  • A victim of an unlawful act (s7). May bring proceedings or rely on the convention rights in any legal proceedings.

  • It may grant such relief or remedy, or make such order, within its powers as it considers just and appropriate. (s8)

    S7.-(1) A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful.
    (a) Bring proceedings against the authority under this Act in the appropriate court or tribunal, or
    (b)Rely on the convention right or rights concerned in any legal proceedings but only if he is (or would be) a victim of the unlawful act.






Public Authority

  • Section 6(3) includes:
    (a) a court or tribunal, and
    (b) any person certain of whose functions are of a public nature.



R (on the application of Heather and Others) v Leonard Cheshire Foundation and another (2002)

  • Local authorities had duties to disabled people to provide residential accomodation.

  • They placed applicants in LCH home.

  • LCF announced change of use of home; alternative accommodation.

  • Breach of Article 8?Respect for ' private and family life', 'home'



Parliamentary Sovereignty


  • Houses of Parliament not public authorities.

  • Avoidance of conflict statement of compatibility

  • Communications Act 2003.

  • Derogation (Anti-Terrorism, Crime and Security Act 2001).


Interpretation


  • 3(1) So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the convention rights.


Declarations of Incompatibility – Section 4


  • If the court is satisfied that the provision is incompatible with a convention right, it may make a declaration of that incompatibility.



Declaration


  • (a) Does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given; and

  • (b) Is not binding on the parties to the proceedings in which it is made.

  • When Court is considering a declaration shall give notice to minister.

  • If a Minister of the Crown considers that there are compelling reasons he may by order make such amendments to the legislation as he considers necessary to remove the incompatibility (S.10).



Courts :- England & Wales that may make a declarations


  • House of Lords

  • Judicial Committee of the Privy Council.

  • Court of Appeal

  • Courts Martial appeal court.

  • High Courts.






Monday, August 07, 2006

New material...

I was looking at my past blog posts the other day, and I realised something. I needed new material to write about. Something other than Conan O'brien or the Red Hot Chili Peppers. Something fresh to mix things up a little bit. Something to break the formulaic and linear type of posts that are taking over my blog. The fact that its been two months since I posted anything should help.

The paragraph above is what academics like to call "complete and utter Bullshit". You can never get too much Conan. Here is another clip from a Finnish TV show where he was interviewed by 2 Kids. It is hilarious!


Monday, June 12, 2006

The power of Conan O'Brien

As you have probably heard (unless you've been living under a rock... which was living under another rock... inside an ancient cave of some sort... and with no contact to living things ... I think you get the idea), Conan O'Brien helped the current president of Finland win the elections by showing pictures of HER and him side by side on his show.



He used the apparent "resemblance" they have (they are both red heads) to crack jokes about her and how they are, in fact, long lost twins. Finland's citizens response was not what I had expected. As a matter of fact, it was the complete opposite of what I expected. It was a major factor in her winning the elections and even she acknowledged the fact that without him, she would not have won! She invited him to her country and had a date (more like a meeting) with him on valentine's day to show her appreciation.

Now that you know the background of the story, watch this hilarious video of Conan in an interview in a Finnish TV show. (Hint: Look at the male presentor pretending like he understands Conan's jokes)

Wednesday, April 26, 2006

The ramblings of a mad man!

I was sitting on the plane with my head down, really pondering the possibility of the existence of life on other planets and how weird it would be to actually see an alien etc. Then a voice from the speakers started regurgitating the typical speech before lift off "bla bla... incase of an emergency please look at the instruction video that is playing on the screens located in front of you”. I look up at the screen and there was a clip of an elephant on fire ... I am not kidding! I looked closer and the elephant was not actually on fire but had candles on his head.

I then realised that I do not really care about seeing aliens anymore... there are people who put candles on elephant's heads, you just cannot get any weirder than that. I want to meet those people.

P.S. 5 min or so after the elephant clip, the real instructional video came on. Do not get me started on that clip. Those people in the instructional video are always depicted with a smile in their little faces even though they always seem to end up in the same extremely dangerous situations. Some people just never learn.

MK

Wednesday, March 29, 2006

More Red Hot Chili Peppers!

Here is their new single's cover:



Dani California, the new single from RCHP is getting a lot of hype. Mark my words, this single is going to be a sure hit, whether people like it or not. The Red Hot Chili Peppers('s) name/image is going to sell their new album alone. The chance that it is going to flunk is so low that i would be absolutely shocked if it did not contribute to making the album a platinum selling one. Check out a video of the band talking about their new single.



Apparently not all of their songs are about nothing... even the writer of the songs did not know that...

MK

Tuesday, March 28, 2006

Watch the comedic genius that is Conan O'Brien in one of his classic sketches

Aaah comedy does not get any better than that... or does it? Here is another clip which I thought was hilarious HOWEVER it deals with a very sensitive issue which might be offending to some. I sometimes feel guilty laughing at it. Viewer discretion is advised.

[The videos in this post have been edited out due to copyright infringements]

I still love this show though.

Tuesday, March 21, 2006

Red Hot Chili Peppers...

The band of four lunatics who created the best rock/funk songs I have ever heard in my life. Red Hot Chili Peppers. Instead of talking about their numerous achievements or try to explain how original and truly "unique" they are, I will let the video (below) do the talking for me. Just hit the play button in the embedded video player below and as an added bonus you will get a small taste of their new single "Dani California" at the end of it.


Red Hot Chili Peppers
Stadium Arcadium - May 9th, 2006


I'm currently reading Anthony Kiedis's (the Band's frontman) autobiography entitled "Scar Tissue" which he wrote with ghost writer Larry Sloman. One section in particular stuck in my mind. A 12 year old Anthony staying with his father (who lives alone in California and happens to be a hippie) over the summer, sees him selling drugs from his trailer park and then snorting some with his friends afterwards too. His father did not mind his son seeing that as a matter of fact, he takes little Anthony with him to nightclubs to party after getting high and then scores with a different young girl every night. That was the everyday routine for little Anthony in the Summer.

After a couple of days of this routine little Anthony got bored of watching and decided to ask his father for some drugs not expecting to get approval... his father must've felt very proud because he not only gave him some drugs but showed him how to roll them up & smoke them! what a father, huh?

A couple of days after that, little Anthony gets bored of watching his father having sex with beautiful girls every night so he goes up to his father and asks if he could have sex with this particular girl, whom his father brought back home that day... His father said "Ok! but only this one time" (because he obviously realised that letting his son do that more than once is just wrong... once is ok though...) then took his 12 yr old son and the girl to his bedroom and convinced her to have sex with his son.
How screwed up is that!? He had sex with a fully grown woman when he was 12! when I was 12, my highest priority was collecting Pokemon! That's effed up right there.

Thanks for reading.

MK

Thursday, March 16, 2006

A site i stumbled upon...

I want you to visit this site which I found completely appalling! and frankly i am offended and hurt by it. So much so I ended up reading the terms of service of blogger and found a section which might help me bring that site down. Here it is:

"12. MEMBER CONDUCT Member is solely responsible for the contents of his or her transmissions through the Service. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations.....

Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, or harmful material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited." 1

I will bring this to Blogger's attention soon but I wanted to know whether YOU think i will have a strong case or not, first(fellow law students... Blue Chi? jmoney? what do you guys think?)

MK

Tuesday, March 07, 2006

It's been a while... (Explicit)

I want to keep this blog alive. So i will talk about Law and everything else. You ready for it? Here it goes.

What is law? is it a set of rules that are considered to be "right" by society and are enforced by them? is it there to uphold justice? if so, who's idea of justice is it, yours or mines? Why do dogs have cold nose's? Why do parents think that their kids like clowns and aren't in fact terrified by them? Why are you still reading this?

If you're wandering why i'm asking these questions... it's because it is past my bed time and i can't sleep.

A friend of mine told me today that i should take a hot shower before i go to sleep then put a lavender flower under my pillow to help me go to sleep. She said "it (the lavender flower smell) will make you feel relaxed". I replied " Yes and it is also very gay". The conversation ended right after I said that. What a conversation stopper, huh? I just didn't feel like talking right at that moment.

Another friend of mine told me this famous quote once. He said "keep your friends close and your enemies closer" (thanks for the correction, jmoney). I think its a bullshit famous quote. Who said that? tell me, who? I want to look him in the eyes and say "what a bullshit theory" then slap him with my gloves (look at video below) like i'm some kind of nobleman.



Let me elaborate and explain where i'm coming from here. What if your enemy really really stank, i mean, seriously smelled horrible like some kind of man who ate a lot of curry then played cricket all day and didn't take a shower for ... his entire life, would you be close to him? huh!? answer me, *****!? NO, you won't. Now, i know whoever said that didn't mean literally be closer to your enemies but its past midnight, i'm tired and i can't sleep so i am sorry if i offended anyone. Except Dutch people, i'm not sorry if I offended you guys.

For my conclusion i will leave you with this really famous quote:

"Kids, you tried your best, and you failed miserably. The lesson is: never try."
-- Homer Simpson

MMK