Human Right Law Coursework (Final Year LLB Law) Essay

Human Right Law Coursework (Final Year LLB Law) - Essay Example It is in this context that the concept of ‘living instrument’ is often challenged by critics under the scepticism that considering present conditions may be contradictory and evidently different from the set guidelines and regimes followed by state courts; thus raising perplexities and conflicts amid the beneficiaries and the law enforcers. Emphasising this scepticism concerning the effectiveness of the living instrument, Brenda Hale (Baroness Hale of Richmond), stated in her lecture on â€Å"Common law and Convention law: the limits to interpretation† that the living instrument incorporated by the court of Strasbourg should have certain limits and it should not be unstoppable such as the beanstalk grown from â€Å"magic beans†2. Contextually, the primary intention of the essay will be to evaluate the past decisions of cases laid by the Strasbourg Court and critically assess the limits stated by Lady Hale in the context. The essay will also evaluate the cha nces or the probability of introducing any limits in the use of the living instrument in the Strasbourg Court. Discussion Living Instrument The ‘living instrument doctrine’ is often regarded as one of the founding principles of the Strasbourg case-law. Based on this principle, the conflicts registered in the ECHR are interpreted in the light of present day condition. In general terms, the aspect of a living instrument can be explained as an approach of the ECHR to consider the present day conditions while making a decision rather than what the drafters thought way back in the conventional era. This idea of the court is often regarded as â€Å"dynamic or evaluative†, which is however criticised as directly contradictory to the concept of ‘originalism’3. It will be crucial to mention that since the convention is considered and practiced as a living instrument, it is bound to consider only the present day conditions in order to ensure the practicality a nd effectiveness of the ECHR4. This particular notion adopted by ECHR, as a living instrument, can be comprehensively understood with reference to the cases of Mata Estevez v Spain (2001) and Schalk and Kopf v Austria (2010). For example, in the case of Mata Estevez v Spain (2001), the Strasbourg Court disapproved that the relationship between same-sex couples falls within the principles of Article 8 (â€Å"Right to respect for private and family life†) of ECHR and thus cannot be considered to be under the family scope to be entitled for the related human rights. However, in the case of Schalk and Kopf v Austria (2010), the court approved the relationship of same sex couples to be applicable under the principle of Article 8 of ECHR. In this case, the court considered the present day condition where same sex couples are treated and accepted with utmost respect in the society5. Strictly following the principle of ‘living instrument’ can give rise to various drawbac ks in the law enforcement procedure, which has become the base of continuing debate on the effectiveness of

How Construction has evolved and developed to the current standards Dissertation

How Construction has evolved and developed to the current standards. (Re-word if needed) - Dissertation Example The regulations relating to buildings and their construction is fundamental to the health, welfare and safety of everyone who live in a building, work in a building at some time transact business in and around building. These individuals of course include the disabled for whom special requirements have been given. They also seek to promote the conservation of fuel and power and the prevention of waste and water (planning regulations research (SAIC 2007). communities.gov). Individuals spend approximately 90% of their time in buildings (SAIC 2007). In the UK, over one third of the carbon dioxide emissions come from buildings. The emission of carbon dioxide is very harmful to the environment and in order to protect the ozone layer we have to emphasise the importance of standards. Building Standards are fundamental to the health and safety of us all. In this regard the authorities are working hard to ensure that standards are achieved and continuously improved. Compliance and enforcement has become new issues as standards are being adapted to keep abreast with design, technology, materials and construction, as well as energy conservation issues. However, there has been increasing concerns with regards to the level of compliance, frequency, pace and increasing complexity of these changes. 2.0 The Evolution of Building Standards Construction standards have evolved overtime with frequent and more complex Building Regulations since the 1990’s. These changes relate to: Structure of buildings, Fire safety to both dwelling houses and other buildings, Site preparation and resistance to contaminants and moisture; Toxic substances; Resistance to the passage of sound; Ventilation; Hygiene; Drainage and waste disposal; Combustion appliances and fuel storage systems; Guidance and Supplementary Information on the UK Implementation of European Standards for Chimneys and Flues; Conservation of fuel and power to existing dwelling houses, other buildings, new dwelling houses and other new buildings; access to and use to buildings; Glazing – safety in relation to impact, opening and cleaning; Electrical safety – Dwellings; Materials and workmanship. 2.1 Old Trafford to Wembley Old Trafford was built starting from as far back as the 1900s when requirements were very barely significant. However, there have been major demolitions, modifications and additions since that time. The old roof pillars were replaced in 1965 with modern-style cantilevers. Changes were also made to focus crowd noise on the pitch. The final adjustment was made in 2004 in order to ensure that all spectators had seats. Old Trafford has aspects of the new standards based on