Discuss the concept of 'jurisdiction' in Article 1 of the European Essay

Discuss the concept of 'jurisdiction' in Article 1 of the European Convention on Human Rights - Essay Example Else , a state may control the affairs by initiating administrative or executive action, which intrudes more pervasively on the happenings of events , as by implementing its laws or through the verdicts of its courts. Jurisdiction pertains to both the internal law of each state and in the international law. The jurisdiction in international law establishes the allowable limits of a state jurisdiction in the different forms it may assume, while the jurisdiction in internal law connotes the magnitude to which, and the style in which, the state, in reality, affirms its jurisdiction. In Lotus case, the PCIJ (Permanent Court of International Justice), while briefing that international law normally allows the states â€Å"a broad initiative† of discretion in the applicability of their laws, and the jurisdiction of their courts was restricted in some cases by prohibitive rules, and it was obligatory for a state that it should not cross its limits which international law emphasises up on its jurisdiction. It may be noted that the magnitude to which the jurisdiction is a matter of limits to the exercise of authority as the subject of jurisdiction may happen not only as regard to states but also in regard to other bodies, which exert authority globally like international organisations and multinational companies1. International Jurisdictional issues happen when a state either through its court proceedings or directly try to avow its power over circumstance, property or persons, which happen or arise in abroad. If such property or persons locate in abroad, the magnitude to which the state laws are deemed to apply extra-territorially or whether the exercise of the jurisdiction engrosses any violation of the rights of other states. It is to be observed that a state’s right to assert its jurisdiction depends upon its sovereignty. In Christina 2case, Lord Macmillan held that â€Å"it is an indispensable quality of the sovereignty of a state, as of all sovereign independent nations that it should have jurisdiction over all of its properties and individuals which lie or reside within its territorial borders both in criminal and civil cases happening within these limits. Jurisdiction also includes both the privilege to exercise it within the territories of a nation’s sovereignty and an obligation to acknowledge the same right of other states. The issue or complication happens when one nation tries to punish a criminal demeanour which another nation does not consider it as an offence. There are various kinds of jurisdictions, and we can analyse the same as under: Prescriptive Jurisdiction Authority to notify rules Enforcement Jurisdiction Authority to implement regulations Legislative Jurisdiction Authority of the state to enforce obligatory laws within its province. However, there are restrictions on the â€Å"legislative dominance â€Å"of a state as if it enacts a law which in not in line with international law, then it will make i t accountable for the infringement of international law. However, a municipal court of a state has every right to give effect to its municipal law. Executive Jurisdiction The authority of a state to function within the territorial provinces of another state with prior sanction from such government. Judicial Jurisdiction The authority to municipal courts to administer cases where the foreign factor exists3. Article 1 of the European Human Rights Commission (herein after will be referred as ECHR) deals with the obligation to

Responses Essay Example | Topics and Well Written Essays - 250 words - 1

Responses - Essay Example This is because through the humanistic approach employed by John Calvin and Martin Luther among others, they were able to go back to the sources with the aim of critically and carefully studying the past documents and texts which they discovered to be governed differently from the Roman church of their time .These studies led to the radical critique of the institutional church and traditional theology. Luther used a new edition in the Greek New Testament in 1516 to attack the practices and indulgences of the roman church. I feel the protests erupted because the Roman Catholic Church defended themselves by producing a counter history (George, 40) to come up with a factual interpretation of the bible which later led to conflicts between them and new protestant church. The author was not successful in making me think that the Roman Catholic Church attacked the protestant church and the new writings, although I feel that the Roman church defended itself instead of pointing out the weaknesses of the protestant church. Luther’s and Calvin’s goal was to prove that the Roman Catholic Church did not follow traditions the early church had laid for them. Tension grew among these two groups especially in the publication of â€Å"Ecclesiastical Anals† written by Italian Cardinal and Historian Caesar Baronius (George, 40) to prove that the church did not follow its traditions. In addition the use of â€Å"Madgeburg Churches† by Lutheran Theologies was also a means of attacking the Catholic Church via writings. Generally in my opinion, it’s fascinating that the religious revolution in Europe was majorly based on writings although a few persecutions were