European Court of Justices Activism in European Integration Essay

European Court of Justices Activism in European Integration - Essay Example One of the major features of ECJ reflects in its weakness as compared to the courts on national levels, especially so far it relates to â€Å"compliance† with the judgments it passes (639). On the other hand, its power transcends that of other tribunals of an international level such as the International Court of Justice and, therefore, it always remains as the center of â€Å"scholarly attention† (640). Though from a political perspective, the court has come under a volley of criticism from various sources for its activism and â€Å"political role† its position as an international legal framework has been pivotal in the settlement of various issues (640). The former ECJ Judge Federico Mancini while admitting that judges are often â€Å"incompetent† when it comes to the question of lawmaking contends, referring to the stagnation in the process of European integration, that it has been the judicial activism of the ECJ that helped salvage this situation (640 ). In the melee of debates revolving around the functioning of ECJ and its relation with the member nations of European Union, it transpires that on the one hand legal fraternity focuses on the relationship between national law and European law, while on the other, political discussions often revolve around the notion that ECJ’s conduct rather serves the â€Å"interests of the most powerful† EU member nations (640). Judicial activism can be perceived as a process by which judges redefine or modify a law from its original position as envisaged in legal sources whereby they substitute their decisions for that of â€Å"elected, representative bodies† (Popovic 2009:363). This definition of Judicial Activism, proposed by Justice Paul Mahoney, condemns judicial actions which are intended or required to â€Å"achieve justice† in specific cases (363).  Ã‚  

ETHICS Research Paper Example | Topics and Well Written Essays - 2250 words

ETHICS - Research Paper Example The code of ethics, however, is nothing if it is not applied to the activities of a business. One of the ways in which the activities of a business are framed for ethical conduct is through the application of law on how business is conducted. In this way, a sense of universality, at least within the context of a state, is managed in regard to ethical conduct. Laws are put into place to force corporations to behave in certain ways within the nation in order to conduct business in an ethically considered manner. The following essay will first discuss the various theories on ethics that provide a framework for the discussion of ethics. A discussion of law and ethics will allow for examples to be supplied of ways in which ethics and law work in concert to create a more morally responsible collaboration between business and society. A brief discussion about shareholder models of corporate governance in comparison to stakeholder models of corporate governance will provide a context for the concept of ethics as they are applied to business. The nature of business is not always in line with universally held views of ethics, however, in order to conduct business in a manner that is conducive to all parties impacted, ethics must be created to preserve social, cultural, and national states of morality. Business Ethics: Theories Ethical Fundamentalism Ethical fundamentalism is a theory in which the search for an ethical foundation is made through an outside source. According to Nagata â€Å"Fundamentalism is fast becoming the metaphor of choice in a quest to assign meaning to an ever widening range of ideas and behaviors, and it has recently migrated from its original narrow religious reference band to other domains† (481). In order to understand the parallel to religious considerations, one must assert the idea that in looking at a source or religious inspiration, one is looking to an outside source for how to frame behaviors or ideologies. In the search for founda tions of how to frame a business ethic, one might use a figure who represents a certain framework or an ideology that provides context to how an set of ethics is determined. Organizations that can be considered for its fundamentalist approach and through the strength of its work culture can be Wal-Mart and McDonalds. Both organizations have a foundation of ethics that are centered on the philosophies of their founders. Utilitarianism Utilitarianism is based upon the concept of behavioral consequences. Bentham begins his discourse on utilitarianism by suggesting that there are two domains under which motivation is created: that of pleasure and pain. He calls these tow domains â€Å"sovereign masters†, having such power over actions that they are the contrasts that rule most all actions. He states â€Å"The principle of utility recognizes this subjugation, and assumes it for the foundation of that system, the object of which is to rear the fabric of felicity by the hands of re ason and of law† (Bentham 5). Bentham states that â€Å"By the principle of utility is meant that principle that approves or disapproves of every action whatsoever, according to the tendency which it appears to have to augment or diminish the happiness of the party whose interest is in question† (6). This can mean individual or community, or any