Sunday, May 24, 2020

Predatory Lending in the Housing Industry - 3062 Words

The Ethics of Predatory Lending in the Housing Industry The real estate industry is thriving with approximately sixty-eight percent of all Americans being homeowners. With low interest rates, 1st time home buyer down payment assistance programs, and government funded educational opportunities (i.e. the Home Ownership Center of Greater Cincinnati), the real estate and mortgage lending industries will continue to flourish. However, there are some unethical lending practices that are threatening the housing industry as a whole. Those involved in the mortgage lending process have some duty to the borrower. They are expected to perform their specific duties in an ethical manner and have some form of direct or indirect contact with the†¦show more content†¦credit life insurance being implied as necessary to obtain a loan). • Failure to report good payment on a borrower s credit report. • Falsifying loan documents. • Making loans to mentally incompetent parties. • Mailing live loan checks to clients that do not request them. Through the use of false promises and sneaky sales tactics, borrowers are convinced to sign a loan contract before they have had a chance to review the paperwork. If the borrower is allowed the chance to go over the fine details of the contract, a significant amount of the borrowers targeted by predatory lenders haven t been updated enough to really understand what they are signing. In most cases, sub-prime borrowers do not hire attorneys to represent them. They either don t have the cash flow to do so, or they are not made aware of the opportunity. An example of the predatory lending practice of high interest rate financing is as follows: A $100,000 mortgage at 8% and zero points over a 30-year time period yields interest worth $164,155. Not all loans are available at 8% because not all borrowers have great credit. Now, let s say that 8% is the base rate for loans today but rates as high as 12% and zero points will be allowed. This means that a $100,000 loan over 30years would have a projected interest cost of $270,300. Any loan with a higher projected yieldÂâ€"including interest, points, loan discount fees, origination fees, andShow MoreRelated Predatory Lending in the Housing Industry Essay2965 Words   |  12 PagesEthics of Predatory Lending in the Housing Industry nbsp;nbsp;nbsp;nbsp;nbsp;The real estate industry is thriving with approximately sixty-eight percent of all Americans being homeowners. With low interest rates, 1st time home buyer down payment assistance programs, and government funded educational opportunities (i.e. the Home Ownership Center of Greater Cincinnati), the real estate and mortgage lending industries will continue to flourish. However, there are some unethical lending practicesRead MoreSocial Policy Related to Individuals in a Rural Setting1611 Words   |  6 Pagessocial policy. Introduction Individuals in rural areas face adversity and challenges that are different than faced in other settings. Specifically, these challenges are related to employment, transportation, access to health care, and access to housing that is energy efficient. The work of Friedman (2003) reports that while a great part of the debate on welfare reform is focused on the urban poor nearly 20 percent of welfare recipients reside outside of central cities and metropolitan areas. TheyRead MoreThe Subprime Loan Blog Assignment And References Of Resources Researched Essay1390 Words   |  6 Pagesof the page to review the posts. First Post There were many culprits in the subprime loan debacle in the United States starting somewhere around the middle of 2006. Gilbert (2011) state many levels of contributors participated in this mortgage lending crisis. Gilbert (2011) portends some of these included loan applicants, mortgage brokers, lenders, individual mortgage packagers, agencies that rate mortgages, investment brokers, and advisers, and purchasers of the collateralized mortgage obligationsRead MoreThe Mortgage Crisi- Cause and Effect1167 Words   |  5 Pageswhy can start with the hap-hazards lending practices of subprime lenders. Subprime lending coupled with Wall Street’s greediness is the catalyst to the current mortgage crisis. The crisis is a symptom of capitalism failure that has influence the undermining of the country’s financial structure which is pushing America into an era of uncertainty and reform. From 2000-2005 the housing /mortgage industry increased rapidly. A housing bubble is an increase in housing prices based on demand and the conceptRead MoreThe Great Recession Of 20081388 Words   |  6 PagesRecession is considered the second worst economic crisis in American history, behind the Great Depression. The Recession of 2008 was caused by two major faults: the use of subprime lending and changes in banking culture leaning towards self interest within the banking industry. There is no doubt that subprime lending was a major cause of the Recession. It was a tactic used by investment banks in order to get more money from unsuspecting homeowners. However, lenders found out that most of the peopleRead MoreEssay on The Subprime Mortgage Crisis1374 Words   |  6 Pagesargument over who is at fault for the housing market collapse has been a heated issue amongst government, politicians, banking institutions, and mortgage lenders. The subprime mortgage crisis is an ongoing financial issue and real estate nightmare for the United States economy. A dramatic increase in mortgage delinquencies and foreclosures has caused a significant adverse effect on banking institutions and financial markets. Due to this mortgage crisis, the housing market subsequently has crumbled resultingRead MoreSolving the Foreclosure Crisis Essay1092 Words   |  5 Pageseconomy. As one can imagine, many individuals and families are currently hurting as a result of this foreclosure cri sis. High unemployment rates and lack of job creation leave very few options for already struggling homeowners. Because the housing industry composes such a large part of the American economy and affects so many Americans, it is necessary for the federal government to be directly involved in a solution to the foreclosure problem. Like the New Deal programs during the worst economicRead MoreThe Housing Crisis Of 20081563 Words   |  7 PagesDuring the early 2000 s, the United States housing market experienced growth at an unprecedented rate, leading to historical highs in home ownership. This surge in home buying was the result of multiple illusory financial circumstances which reduced the apparent risk of both lending and receiving loans. However, in 2007, when the upward trend in home values could no longer continue and began to reverse itself, homeowners found themselves owing more than the value of their properties, a trend whichRead More Legislation and Predatory Lending in the Mortgage Industry Essay1898 Words   |  8 PagesLegislation and Predatory Lending in the Mortgage Industry The American Dream has been one of this nations most enduring ideals of the past half-century. Presumably, every young couple, low-income family, and incoming immigrant hopes to one day produce 1.7 kids, obtain 1.3 cars, and of course purchase the house with the white picket fence. But fulfilling these goals costs money; and the aforementioned groups are among the least financially stable in the country. These peoples need forRead MoreHow to Solve the Foreclosure Crisis Essay2252 Words   |  10 Pages Within the past three to four years, the United States has seen the dramatic collapse of the housing market. The housing bubble spurred by ill-advised loans to individuals who could not afford a mortgage, complicated contracts which had interest rates and payments changing without reason, and the mass purchasing of bad loans by lending superpowers, had popped. The rapid increase in the value of homes across the country for the previous decade, had been a falsity, in which billions of dollars funded

Thursday, May 14, 2020

The United States Federal Government - 1219 Words

How about maybe? In this paper I will outline the problems of the pedagogical approach the United States federal government took in light of the War on Drugs on the wide public education on drug use. I will examine two different articles from Think Progress and The Guardian that argue against the 1986 initiative by Nancy Reagan that became one of the most subtle but destructive aspects about the War on Drugs. She started an country wide program aimed at educating the youth. More specifically on being able to prevent drug use in teenagers. However, there were unintended consequences that I believe negatively affected the minds bodies and futures of those same teenagers they were trying to help out. Also, the seemingly noble intent to†¦show more content†¦For instance, shortly after its initiation, police officers started being brought into public schools. The usual events were comprised of drug prevention talks where the police demonize drug dealers and shared their experien ces dealing with drugged out people. While these scare tactics give an appearance of deterrence there was a study cited in the article by Scientific American, conducted that teenagers were just as likely to use drugs after through these abstinence based programs than if they didn’t get any information at all. The article also found a fatal flaw in the DARE campaigns pedagogy, it was the lack of student in student role play on how to handle social situations with drugs. Bringing in the longitudinal study from a reputable source reinforces the argument against the DARE programs pedagogy. Not only did they show that has the Nancy Reagan philosophy been ineffective, the article subtly made a point to highlight how wasteful it must have been to use our tax money to fund ineffective police educational programs. While no statistics were shown, the fact that these programs were found to be highly ineffective gives this argument quite a bit of merit. Parallel to this, in 1986 congres s passed the Drug Free Schools and Communities Act which mandated a zero tolerance policy to drugs in schools. This was the first time police officers began arresting students straight out of schools. This fact also shines light on the how destructive a simple minded

Wednesday, May 6, 2020

Slavery in Latin America - 1676 Words

#65279; Slavery in the Americas was quite diverse. Mining operations in the tropics experienced different needs and suffered different challenges than did plantations in more temperate areas of Norther Brazil or costal citys serving as ports for the exporting of commodities produced on the backs of the enslaved peoples from the African continent. This essay will look at these different situations and explore the factors that determined the treatment of slaves, the consequences of that treatment, and the conditions that lead to resistance by the slaves working in their various capacities. After the initial conquest of Mexico and South America it was time to develop the economy and export the resources that would benefit the monarchy†¦show more content†¦Thought they were able to have a social life as the whites really did not care what they did with their own time, they were the most likely to resist their conditions. This is done in a variety of ways which will be discussed later. There was a fairly healthy community life amongst plantation slaves. They spent time together, had cultural activities and because of the near equal ratio of men to women were able to ma rry and raise families. The slave population was fully 80-90% of the overall population in these regions as they did all the work and there were no towns in the area where whites and Indians went for jobs. Cities were a third environment that utilized slaves. These slaves, however, tended to be made from the Criollo group. An exception was the slaves taken right off the ships by white artisans who taught them to be smiths and coopers and the like. These trades were then passed down to the slave children and to their children after them. Europeans immigrated to Latin America in far fewer numbers than in the U.S. and as a result otherwise menial jobs held by white lower classes there were held by free blacks and slaves working toward manumission. Where you might find an Irish maid on the Main Line in Philadelphia, you would find a black, or mulatto in Latin America. This helped in keeping the racial prejudice at bay in Latin America as it served no purpose to create the perception that blacks were an inferior race. City slaves enjoyedShow MoreRelatedEssay on Slavery in Latin America4587 Words   |  19 Pages Slavery in Latin America Chile History Before the arrival of the Spanish in the 16th cent., the Araucanians had long been in control of the land in the southern part of the region; in the north, the inhabitants were ruled by the Inca empire. Diego de Almagro, who was sent by Francisco Pizarro from Peru to explore the southern region, led a party of men through the Andes into the central lowlands of Chile but was unsuccessful (1536) in establishing a foothold there. In 1540, PedroRead More Slavery In Latin America Essay example1641 Words   |  7 PagesSlavery In Latin America   Ã‚  Ã‚  Slavery in the Americas was quite diverse. Mining operations in the tropics experienced different needs and suffered different challenges than did plantations in more temperate areas of Norther Brazil or costal city’s serving as ports for the exporting of commodities produced on the backs of the enslaved peoples from the African continent. This essay will look at these different situations and explore the factors that determined the treatment of slaves, the consequencesRead MoreSlavery in Latin America vs Us3432 Words   |  14 PagesSlavery and its Impact in Latin America Vs the United States Slavery originally started in Latin America and the West Indies by the French, Spanish, and Portuguese after the conquest, to replace the depopulated labor of the Indigenous people. Shortly after, slavery became a profitable enterprise for the capitalistic driven United States. Some of the principal laws and systems of slavery were the same in both regions, but others were later changed. It brought about many changes, with respectRead MoreEssay on Latin America And Slavery1933 Words   |  8 Pages Prior to its independence Latin America had been controlled by external forces for hundreds of years. To be freed of control from these outside interests did not in any way guarantee Latin America a return to the status quo. In fact, the inhabitants of Latin America had done very well in assimilating their in house controllers. They adopted European language, religion, color, and just about everything else that the European culture had to offer them. Although they were free to do as they pleaseRead MoreEuropean Exploration And Conquest Of Latin America1277 Words   |  6 PagesBefore European exploration and conquest in Latin America the indigenous people lived off the land working mainly to support themselves. Despite having conflicts of their own, most Latin American tribes would coexist peacefully relative to what was to come. Some, more advanced civilizations, such as the Aztec, did have conditions somewhat similar to those that would soon spread to the rest of Latin America. Wh en European settlers started to take over the Americas, however, conditions got markedly worseRead MoreGeorge Reid Andrews Afro Latin America1584 Words   |  7 PagesGEORGE REID ANDREWS: AFRO-LATIN AMERICA In this paper, I would arguer that the history of USA is intertwined with the issue of Blacks – their enslavement and freedom but it has not as yet been focused that this subject has far greater impact in Central and Latin America, thus the greater impact of blacks in Central and Latin America would be the main theme or argument of this paper. This book, Afro-Latin America by George Reid, is the first attempt to focus on this side of the African DiasporaRead MoreGeorge Douglas And Abraham Lincoln903 Words   |  4 PagesIn Robert E. May’s, Slavery, Race, and Conquest in the Tropic, May tackles the notion of slavery in the tropics and how Douglas and Lincoln campaigned against slavery in the tropics . He first states the differences between Stephen Douglas and Abraham Lincoln’s positions concerning southward expansionism and how these two influential men arrived at and supported their stances. Robert May goes on to show potential U.S. expansion into Latin American and Caribbean territories led to the growing discontentRead MoreThe Haitian Revolu tion And Latin American History1278 Words   |  6 Pages The Haitian Revolution was one of the most important slave revolts in Latin American history. It started a succession of other revolutionary wars in Latin America and ended both colonialism and imperialism in the Americas. The Haitian Revolution affected people from all social castes in Haiti including the indigenous natives, mestizos, mulattos and the Afro-Latin. The idea of starting a rebellion against France began with the colony’s white elite class seeking a capitalist market. These elites inRead MoreLatin America Revolutions Essay775 Words   |  4 PagesVienna, revolts plagued many European countries as well as several areas in Latin America. France was driven from Haiti, Portugal lost control of Brazil, and Spain was forced to withdraw from all its American empire except for Cuba and Puerto Rico. Colonial government in South America came to an end. Three countries where revolts were successfully established we re Haiti, Venezuela, and Brazil. The countries in Latin America benefited from the revolts because they became free from colonial rule, butRead MoreEssay about European Imperialism896 Words   |  4 Pagesand Glory. The Europeans domination over Latin America, Africa and Asia were made out to be good for the native people of these lands. However, the Europeans were not there to help these geographic areas. They were there to spread their influence and gain riches for themselves and the European nations. The successes and failures of the Europeans and non Europeans would decide their relationship status for as long as they could co-exist. In Latin America, Cortes who was the conqueror of Mexico, and

Tuesday, May 5, 2020

Impact of Human Rights Act

Question: Discuss about the Impact of Human Rights Act. Answer: The Human Rights Act 1998 was enacted by the British parliament in the year 1998 but actually was bought into force in the year 2000. The main purpose of the enactment was to introduce the rights provided by the European Convention on Human Rights into the English legal system. Making it simple the purpose of the act is to prevent any government body to operate in a manner contradictory to the provisions of the convention[1]. The provisions of the act can only be overridden if any other primary legislation contradicts with such provisions. It provides that the English courts must uses the decisions made by the European Court of Human rights and interpret legislations in such a way, which would establish compliance with the convention. In case where the judges find it, impossible to interpret the provisions of legislations according to the compatibility with the convention the judges must not override the provisions of the legislations but merely provide a declaration of incompatibili ty. Thus, the declaration seeks to maintain the parliamentary sovereignty by not altering the principles of the primary legislation. The HRA also provides individual a right to appeal and sue in the European Court of Human Rights in Strasbourg. The Act since it has come to force has had a significant impact on the British legal system. It has changed the way in which legislations are interpreted by the judges. Although it is argued that, the Act seeks to promote Judicial Politicization in reality this statement is far from true. This paper discusses the impact of the Human Rights Act 1998 on the English legal system and whether it is increasing the risk of judicial politicization within the country or not. The paper also aims to discuss the benefits and detriments resulting out of the application of the act and its impact of the interpretation of statues[2]. The Human Rights Act 1998 (HRA) was enforced on 2nd October, 2000 in United Kingdom. The Act was enacted with the sole objective to safeguard the rights incorporated in the European Convention on Human Rights and to provide further legal effect in the law of United Kingdom. Before the enactment of the HRA, the European Convention on Human Rights was not under any obligation to provide legal effect to the rights. The Convention was used as a part of the domestic law and it acted as a mean to interpret statutes[3]. The Parliament did not legislate against the rights laid down in the Convention. In Waddington v Miah [1974][4], it was held that while interpreting the ambiguity of any statutory provision, it was assumed that the Parliament should not pass any legislation, which shall be inconsistent with the international obligations including the human rights laid down in the Convention. However, prior to the enforcement of the HRA 1998, the citizens resorted to the European Court of Human Rights (ECtHR) for safeguarding their human rights. The incorporation of the Act was viewed to be beneficial as it permitted the British Judges to manipulate the course of human rights in Strasbourg. The Act was purported to develop a culture of human rights in the nation. However, the Act failed to fulfill the purpose for which it was enacted. Instead of permitting, the UK Judges to manipulate the human rights direction or developing human rights culture in UK or internationally, the Act was largely criticized by the public[5]. One of the reasons the Act faced criticism was section 2 of the HRA 1998. Section 2(1) of the Act stated that in order to determine any question related to the rights in the Convention, the judgment, declaration, decision and the advisory opinion of the ECtHR must be taken into consideration to the extent that it is relevant to the legal proceedings from the question it has arisen. The public criticized the legislation, as it was apparent that the UK courts have to consider the Strasbourg law and not the ECtHR statutory interpretation of the Convention. The Parliament reassured that the provision under section 2(1) of the Act does not require the UK courts to consider the Strasbourgs decision but respect Strasbourg jurisprudence as was held by the House of Lords in Regina (Ullah) v Special Adjudicator [2004][6]. Secondly, Section 3 of the Act expressly stated that primary and subordinate legislation must be interpreted in a manner that is in consistent with the rights laid down in the Convention, as far as it is possible to do the same. The provision was criticized for the fact that HRA 1988 is a broad legislation and the provisions therein are not in detail form as compared to the other legal statutes. Consequently, the Judges had an extensive area to apply their discretion. Section 3 of the Act have restricted the courts power to interpret the statutes as they are to be construed only in the manner that is in compliance with the rights mentioned in the Convention as far as it is possible to do so. However, in realty, the Parliament has provided the judiciary sufficient freedom to interpret statutes even when it becomes impossible to construe the same in a manner that is in consistent with the rights mentioned in the Convention[7]. The provision is ambiguous as it vaguely states the possibl e limits of interpretation by the British Judges. In Ghaidan v Godin-Mendoza [2002][8], it was stated that the court may be required to interpret beyond the legislative intent of the Parliament. Thirdly, section 4 of the HRA permits the domestic Courts to issue a Declaration of Incompatibility, that is, when the interpretation of a statute is not compatible with the rights laid down in the Convention. This provision of the Act safeguards the Parliamentary sovereignty principle. The section enables the courts to issue declaration that it is not possible to interpret the statute in consistent with the rights mentioned in the Convention as stipulated under section 3 of the Act. In cases where the statutes are construed in contrary to the rights of the conventions, such construing of the statutes comes into conflict with the intention of the legislature. Only the courts having superior authority can issue a Declaration of Incompatibility. However, the incompatibility declaration do not bind the parties to the legal proceedings neither such a declaration can make the legislation invalid. In Burden V United Kingdom [2008][9], the declaration did not prove to be an effective remedy . The purpose of the section cannot be achieved by lawful means but by political means. The section has restricted the independence of the judiciary as Parliament is empowered to legislate in case the interpretation is inconsistent with the Convention rights[10]. Fourthly, section 10 empowers the minister of the government the power to provide a remedial order in response to the declaration of incompatibility or any ruling passed by the ECtHR. The minister to remove any such necessary incompatibility must pass the remedial order. The order is passed in order to make the legislation consistent with the rights mentioned in the Convention even if it is required to frame a completely new legislation. Fifthly, section 6 of the Act stipulates that tribunals and courts be considered as public bodies, which denotes that the judgment made must be in compliance with the human rights of the nation irrespective of the fact that the dispute is between the citizens or between the citizens and the state except the incompetent declarations made by the Judges. Lastly, section 8 stipulates that a court is empowered to make such necessary rectifications which they consider to be appropriate and fair. The right of the judges to make the necessary remedies is not restricted to a Declaration of Incompatibility. The judges may consider the equality maxim while providing such necessary remedies. On one hand, the legal framework of the HRA brings about a significant contrast between the relationships of the domestic courts with the Parliament, whereas on the other hand, it signifies the contrast between the relationships of the domestic courts with Strasbourg Court. For instance, section 4 recognizes the supremacy of Parliament because if any interpretation is made which is inconsistent with the Convention rights, the Domestic courts can only issue an incompatible declaration[11]. It is for the Parliament to decide what action can be taken to identify the issue raised by the domestic court. If the Parliament expresses its views clearly then the domestic courts are under obligation to give effect to the legislative intention of the Parliament. Several times, the public often alleges the courts that the decisions are often influenced by political reasons instead of legal reasons. The Courts alleged to illicitly contravene the limits of the constitutional law and intrude in the politics to the disadvantage of the government and the Parliament. This feature of the judiciary is sometimes termed as judicial politicization[12]. The ECtHR is encouraging the judges to become more politicized as a result of which the significance of national sovereignty is coming down. Before the enactment of the act, court were allowed to use the Convention rights as a tool for construing statutes and the Parliaments act was not apparent. After the enactment, the courts are under an obligation to interpret the statutes in compliance with the Convention Rights. The role of the judges has been critically assessed whether it was the judges or the Parliament that was legislating laws. Although the Judges are not adherent to politics but they deal with certain cases especially policy related decisions, which in a democratic country, must be made by the parliament. The main argument against the implementation of the HRA is that its aims to tilt the balance of power in the favor of the judges. If the judges are brought into politics the way in which they are appointed would be questioned by the people. The decision made by the judges and the political position of the potential judges would come under public scrutiny as the case has been in America[13]. Various senior judges have dismissed the fear of the critiques with respect to the implementation of human rights in the English legal system. The chief justice of England and Wales lord Woolf said that the implementation of the HRA would not at all politicize the judges. Moreover, the judges will now have a more difficult role as they would need to address complicated questions with respect to human rights compliance consisting of political elements. The judges always addressed these questions but after the implementation of the Act, they would have to deal with them more often[14]. The best counter argument to the critiques in relation to the implementation of HRA is that the act does not allow the judges top override the primary principles of other legislations and as a result maintains the parliamentary supremacy. The act only tells the judges to make their interpretation with respect to the provisions compatible to the convention as far as it is possible for them to do so without hampering the principle of the legislation. The judges have no power to change the legislation and declare it as unconventional on any grounds. The government minister can also only change the legislation without waiting for a new enactment when the judges of a higher court have declared the legislation unconstitutional[15]. The question, which arises due to this, is that how often and to what extent the ministers can use such powers. According to Lord Woolf, the parliament would continue to use such powers, as its objective would be to ensure the compliance with the European conven tion. Contradictory to this statement it was provided by Lord Irvin that the parliament will not always strive to change legislations according to judges declaration of incompatibility and there would be cases where the parliament would not make changes to the legislations. Thus, the answer to the question is still unclear. Statutory interpretation is done by the court in order to bring out the intention of the parliament. The court is not concerned about the ability of the parliament with respect to providing a fair and just result in relation to the parties to the dispute. It only mains to interpret the provisions provided by the parliament using different rules such as the literal, golden and mischief rule of interpretation. This aspect of interpretation of statues may sometimes lead to an unfair result, which is against the provisions in relation to human rights. The Constitution clearly identifies human rights as one of the main pillars of democracy therefore; there was a significant need to address the issue. The implementation of the HRA has provided a tool to the judges to interpret the legislations in a manner, which provide a result in compliance to human rights. It can be argued in this case that the political background of the judges may influence the decision made by them and the results ob tained would be according to their personal perspective not the legal perspective[16]. However, it has to be noted in this case that judges are not able to alter the meaning of the legislations according to their own perspective and can only alter it to the extent that it does not contradict the provisions of the primary legislation. The inclusion of HR in relation to statutory interpretation has made the legal system of UK a better place. This can be best illustrated by through the case of Mr and Mrs Driscoll. In this case the husband and wife were dependant on one another as one was blind and the other could not walk. They both lived together and compensated for the disabilities of each other. The husband was moved to a care home but the wife was not allowed as she lacked criteria. It was decided on the basis of human rights that the wife must also be allowed. It has been argued against the implementation of HRA that is is providing excessive rights to the individuals[17]. A student who has not been allowed into the class room is claiming compensation, a person committing rape is claiming compensation as an appeal made by him had been delayed and individuals who have obtained sites contradicting the planning provisions are being allowed to retain their premises. However, they did not take account of the fact that even if individuals are claiming rights in excess none of the claims, which are irrelevant, are being upheld by the court. All the above-mentioned claims in relation to the human rights have been rejected by the court. It has been argued against the implementation of HRA that it would lead to suppress the parliamentary supremacy as the judges would find ways to amend legislation in order to bring into effect their own ideologies[18]. However, there have been no evidence provided by the critiques to support this statement. In most of the cases where the judges do not find compatibility with the human rights commissions the court makes sure that it issues a declaration of incompatibility without altering the meaning of the legislation. According to Donnelly that Human Rights Act is not able to provide protection to to rights as the government has the power under Article 15 of the constitution to derogate from the ECHR[19]. Recent court decisions such as in the case of R (ProLife Alliance) v. BBC[2002][20] have been decided on the basis of common law rather than that of the statutory rights. This introduces judicial activism within the legal system. However it has to be noted in favor of the HRA that these cases are rare and common law is only applied when it is not possible to comply with the conventional rights. The following cases depict how the implementation of the HRA has had a positive impact on the English legal system. In the case of Campbell v. MGN Ltd.[2002][21] both Sara Cox and Naomi Campbell wanted to assert under the Act their right to privacy. Both of them were successful in getting their claim with respect to privacy and an amendment was brought by the British parliament to introduce the need of privacy in the legal system. In the case of A and Others v. Secretary of State for the Home Department[2004][22] it was held by the house of lords that the provisions of the part 4 of the Anti-terrorism, Crime and Security Act 2001[23] were not compatible with that of the human rights convention. As a result, the part 4 of the Act had been replaced by the new 2005 amendment. In the case of Price v. Leeds City Council[2005][24] it was held by the court that the right to home with respect to a Romani family could not be infringed by the Leeds council and they could not be evicted from public land. The decision was however referred to the House of Lords as it was contradicting the compliance with ECHR. These cases prove hoe effectively the implementation of the HRA is being going on in UK. Concluding the paper it can be determined that amidst several criticisms the implementation of HRA had brought a revolutionary change in the English Legal System. The act had been enacted perfectly with respect to creating a balance between common law and human rights. Prima faice it can be stated that the HRA provides excessive rights to the individuals, increased power to the judiciary, risk of judicial politicization, favor to the terrorist, unlawful interpretation of statues and inadequacy. However an in depth analysis of the impact of HRA on the English legal system prove that its benefits to the society override its detriments. The implementation of the Act do not affect the the parliamentary supremacy as Sections clearly state that the provisions can only be interpreted in a way which does not make the inconsistent to the principles of the legislation. The purpose of law is to provide justice and maintain equality and not to punish the innocent on technical grounds. The implementation of the HRA ensures that there is no detriment caused to the innocent party and justice along with the principles of equality is used when deciding a point of law. Thus, the paper can be concluded by saying that HRA has had a positive impact on the English Legal System without introducing the risk of judicial politicization. References and Bibliography Blauberger, Michael, and R. Daniel Kelemen. "Can courts rescue national democracy? Judicial safeguards against democratic backsliding in the EU."Journal of European Public Policy(2016): 1-16. Canes-Wrone, Brandice. "When judges face politicized reelections, their opinions on hot-button issues change to reflect the majority view."LSE American Politics and Policy(2014). Clapham, Andrew.Human rights: a very short introduction. OUP Oxford, 2015. Clapham, Andrew.Human rights: a very short introduction. OUP Oxford, 2015. Conte, Alex, and Richard Burchill.Defining civil and political rights: The jurisprudence of the United Nations Human Rights Committee. Routledge, 2016. Delaney, Erin. "Searching for constitutional meaning in institutional design: The debate over judicial appointments in the United Kingdom."International Journal of Constitutional Law14.3 (2016): 752-768. Donnelly, Jack.Universal human rights in theory and practice. Cornell University Press, 2013. Hann, Matt. "Introduction."Egalitarian Rights Recognition. Palgrave Macmillan UK, 2016. 1-15. Johns, Robert.Using the law in social work. Learning Matters, 2014. Mullerson, Rein.Human rights diplomacy. Routledge, 2014. Schoultz, Lars.Human Rights and United States Policy toward Latin America. Princeton University Press, 2014. Simester, Andrew P., et al.Simester and Sullivan's criminal law: theory and doctrine. Bloomsbury Publishing, 2016. 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