Sunday, February 16, 2020

QUESTION TWO,(it is under assignment criteria) Essay

QUESTION TWO,(it is under assignment criteria) - Essay Example n sources of community law are: treaties establishing the communities in EU, general principles of administrative law, international agreements of the European Commission, directives, and conventions between the Member States. This paper briefly addresses the judicial review of community acts along with the relevant aspects with regard to the applicability of articles 230 EC, 232 EC and 234 EC. The judicial review of community acts involves susceptibility of the law, which can be challenged either directly through an action for annulment, or indirectly through the plea of illegality or a preliminary ruling on the validity of the act. In case of article 234 EC, it has been challenged through the preliminary ruling procedure whereas article 230 EC has been challenged through the action for annulment. â€Å"Article 234 allows the Court to decide on the validity of any ‘acts of the Institutions of the Community and of the European Central Bank’, while EC Article 230 contains some restrictions, e.g., as to the binding character of the act, or so to the authors of the act.† (Schermers and Waelbroeck, 2001, p. 314) In case of a failure to act, article 232 EC entitles individuals to challenge the failure to adopt a binding act. Under article 230 EC, Member States and Institutions can challenge all acts of the Institutions including directives. But individuals can only attack the decisions, there is no mention in the act about the possibility of private parties to challenge provisions of a directive. It is notable in this context that the Court of Justice is the only judge of the validity of community law. National courts are not entitled to invalidate any community act. In the interest of legal certainty, it would be preferable if private parties given time limit (two months) to challenge the provision of a directive for effective consequences. With regard to the applicability of article 230 EC, the purpose of actions for its annulment is to invalidate the binding

Sunday, February 2, 2020

Is Socrates a feminist How might one argue that he is How would they Essay

Is Socrates a feminist How might one argue that he is How would they argue that he is not Which position is right - Essay Example Significantly, to an extent Plato promoted the notion of both men and women being equal with some of his views supporting this claim specifically in book 5, where he tackled on Socrates’ view that women have plenty potential as philosopher-rulers or guardians of the state (VanHeest 1). On the support for women equality platform, the foundation of this claim is his assertion that a human should be judged on his or her soul and not on external appearance altogether. However, there are more of his views that entrench his stand on feminism i.e. that woman’s biology should not settle the question of her destiny and women’s intelligence and reason should also be utilized when it comes to the running of the state; matter of fact, these two views are the ones that serve the basis for the belief that to a certain extent Plato supports the feminist’s views (Cuizon 1). Socrates radically states that women should also get the same training in the society as men, in th e areas of geometry, gymnastics, music, and with these most people fall under the misconception that Socrates is a feminist. Considerably, he gives a lot of support to women arguing that they should also be allowed to have active roles in the republic; however, this campaign is not based on feminism or because he feels that they deserve it due to the centuries of uneven status in the society. Socrates views both men and women to be equal in all aspects except strength, and is aware that both genders fall into one of the three parts of the soul, being either spirited, rational or appetitive, hence they all have uses in the city (Vilchez 1). Additionally, he is familiar with biological essentialism noting out that even though women might not be strong as men they play a fundamental role to the city and its comprehensive success. The overall analysis of women by Socrates gives him the idea that they are of use in any perfect society despite the diversity in strength when compared to me n; however, he believes that there is no single thing that only men or women can do. Significantly, Socrates speaks against gender roles that are still relevant in the world of today stating out that no profession is suited solely for man or for woman despite the many junctures where people believe that, especially when it comes to leadership. In the world of today, the payment/salary varies with men being paid more than women and it has been hard to address this issue until recently with a significant number of people continuing to fight against the gender discriminations (VanHeest 1). One of the factors that make Socrates sound like a true biological essentialist is his notion that men are stronger than women which is typically true. The point on no one task is a job that can only be done by one sex is encouraging since nowadays there are men cooking and women who fight; nonetheless, there are still tasks that are dominated to one gender like the army’s are full of men who have proven to be stronger than women. There is often the confusion between biological essentialists and feminists for instance in this case, Socrates is more of a biological essentialist than a feminist, believing that even though men tend to be stronger than women, it does not justify the women being denied involvement to their full