Monthly Archives: April 2016

Happy the Dog.

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Once upon a time there lived a little girl named Zaza. She was 6 years old and was lucky enough to have a baby sister named Cahalta. They lived in Ireland with their mum and dad.

One day Zaza said, ”Mum and Dad, please may I have a dog?” She was a well behaved child so her parents said yes.

The family went to the dog pound to pick out a pooch. They looked at various cages there along a corridor. Zaza wanted to buy the yappy little chihuahua that never stopped jumping. On the other side of the corridor there was a cage with a handsome black and white border colly in it. He wagged his tail playfully but was not noisy. The kindly thin old man who worked in the dog pound was fond of this border colly.  The man took Zaza’s dad to the side. The old man wore a blue uniform and he took off his cap and scracthed his grey haired as he said to Zaza’s dad, ”Sir, that colly’s a lovely dog and I think your child would be better off with that one. Besides it is that dog’s last day. If that colly is not taken today then he is going to great big park in the sky.”

The mum and dad agreed. They would take the border colly.  Zaza had asked for the yappy little chihuahua but sometimes parents know best.

They paid for the dog and took straight to the vet. On the way there the mum asked Zaza, ”what are we going to call your new dog?”

”We’ll call him Happy!” she cried out with joy. The name stuck.

The family lived in a three bedroom house in the countryside. They were surrounded by fields of pasture. Black and white cows browsed on the lush verdure of the well watered mead there all day long. Happy was allowed to roam free. But he never bothered the cattle. Soon he was friendly with the other dogs around the place.

Happy was a sweet natured and energetic dog. He also knew when to be quiet. He was patient and forgiving to the children. They played with him. Zaza sometimes forgot he was a dog and tried to hug him like a human. Cahalta was beginning to walk. She sensed she need not be afraid of Happy. Cahalta would feel Happy’s face. Once she put her finger in his eye. He just growled a little to her let know it hurt. He did not scare the baby but she learnt not to hurt him again.

After a few months the mum and dad told Zaza and Cahalta that they had some big news. They sat around the kitchen table. Mum told them she was having another baby. The little girls were delighted. They did not know if they would get a sister or a brother. In those days there was no way of knowing before the baby was born whether it would be a girl or a boy. The mum was soon growing huge as the baby got bigger. Finally she had to rush to hospital and gave birth to the baby. The baby was a boy and he was named Duncan.

Happy was a little envious. He noticed people were crowding around the baby and not taking him for walks so much.

One morning the family came down for breakfast. Happy was usually sitting outside the kitchen door. But this day he was gone! They all thought that he must have gone for a wander. He was an adventurous doggy. But he still had not come back by lunch time. They began to get worried. The mum walked around the nearby fields with her baby in the papoose. ”Happy, Happy!” she called. The little girls were feeling sad. Had they lost their dog?

Dad came home from work that evening. They told him the bad news. Happy was nowhere to be seen. Instead of having dinner he drove around to all Happy’s favourite spots calling for him. But Happy was not there. After a couple of hours he reluctantly drove home. He broke the news and Cahalta was in tears.

The next day the Dad had the newspaper print a notice with a photo of Happy. ”Have you seen this dog? Large reward for the safe return of this border colly. Please call this number-”

Days passed and there were no calls. Then one day the dad was driving home from work. He saw a group of teenage boys beside the river. The were laughing raucously. One of them was holding a rope as a lead. There was a dog on the end of it. A black and white border colly it was. The dad slowed down. He looked carefully. COuld it be? It was! ”Happy!” he heard himself shout.

Happy turned his head and saw dad. The dog barked a cheerful greeting. He strained at the lead trying to jump in through the car window. By now the big boys were looking around at dad’s car.

”Excuse me boys”, said dad, ”That’s my dog Happy. He went missing a week ago.”

”Sir, this is our dog. His name is Prince. Isn’t that right Prince?” said one of the boys.

Happy barked a clear ”no” to that question. His tail was wagging like mad and he whined to be let back to his owner.

”Boys, this is my dog. I got him from the pound six months ago. Look at him. He knows me. He misses me,” said dad plaintively.

”Mister – we found this dog on the road north of the city a few days ago. He is ours. He is prince.” said the leading boy.

”I have three little children and they all miss him terribly” said dad adamantly. ”We live just north of the city. He came from our place.”

”Tell you what sir” said the boy holding the lead. ”If you give us 100 pounds you can have the dog back.”

”100 pounds? That is a fortune,” said dad almost angrily.

”If he really is your dog you will pay it,” said the lad wisely.

”All right – all right. My children will never stop crying till Happy comes home”, said dad philosophically. The dad reached into his pocket and began to count out the banknotes.

The boy then said, ”you really are willing to pay. I see you are telling the truth. Prince is yours. You can have him for free. ”

The boy handed the rope to dad.

Dad opened the car door and got out. Happy leapt into his arms. He almost smothered dad with licks on his face. Soon the rope was off his neck and Happy was safe in the car.

Dad drove Happy home in triumph. He took Happy into the kitchen and the children jumped with joy to seem Happy come home.

Happy would walk around the area but he never ventured as far again. The family learnt from their mistake and put a collar on their precious dog. The collar said his owners’ name, address and home phone number. The girls began to take him for walks

As the baby boy got bigger Happy even let the baby ride him like a horse.

Happy had some play fights with the other dogs in the area. He also had some romances with the female dogs in the area. His puppies were born.

One day the dad came back with some good but difficult news. He and the mum had something to tell the children. They were going to move to a country far away. It was called Libya. They would have a bigger house and a lot more money. The children would be able to swim in the sea every day. It would be very sunny. But it would be too hot for Happy. Dogs do not like living in Libya very much. The family would leave Ireland but Happy would stay at home. The children were excited by sad. Where would Happy live?

Kindly aunt Lily and Generous uncle Bernie had agreed to take the dog in. They had three children of their own. Happy was then brought to live in their house. They had an enormous farm. It was a tearful farewell. The family returned to Ireland every year to visit Happy.

Happy lived many, many wonderful years. There never was a dog with a more suitable name than Happy.

Adam Gearey. EU treaties and ECHR

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why was the EU made?

origins lie in reconstruction .

wars between France and Germany.

purpose is peace

Francoo-German endeavour. British sit to the side.

roots in Franco German relationship.

nature of the union.

treaty of rome. 1957. commitment to rights.

Contains human rights.

EU is a trade bloc it is also about other values. free movement of people.

brings social rights. development of EU one can see a commitment to and importance of  rights to economic organisation.

guiding thread

one must suggest. EU is an ongoing experiment

one sees the centrality to EU of HR as expressing core values of the EU

these rights interface with institutions/ there are counter arguments. this is a partial perspective

this should not be a set of snapshots of the institutions

there is a uniting theme

important to self understanding of the EU

this is experimental. engagement wirh a supra national organisaiton. it is unfinished there is technical complexity

EU is a creature of law

1957 treaty of rome took force 1958. amended by treaty of amsterdam and treaty of nice in 2001

set up backbone.

look at the charter of fundamental rights. picks up on earlier themes

link past with present and future

forces us to think abot foundational treaty and right sin charter of fundamental rights

important interprative tool

pay attention to  section from charter of fundamental rights

”annex 4   protection of fundamental rights is a founding principle of the union and a indispensable pre requisite for her legitimacy. The obligation of the union to respect fundamental rights

have been confirmed by the court of justice.                     There appears to be a need to establish a charter of fundamental rights in order to make their over riding importance more relevant to the citizens        ”

why is the EU using this language of rights

two concerns

first. since foundation there has been a growing sense that the instituons suffer from opacity

distrust of the union expressses itelf in politics of member states

legitimacy gaps.

lack of appreciation of institutions’ what are they doing

they do not appear to be legitimate

commitment to human rights

second concern. expansion of EU that had been commie

restructuring needed for membership. EU had to stress its own democratic credentials

new mmeber states had to democratise

former communist coutries jojn EU. chnaged dynamic

changed supra national institutions.

this necessarily changed it.

HR addresses both these concerns

”protection of fundamental rights is a founding principle of the Union.”

 

 

A lecture by Dr Basak Kale. EU institutions.

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economic integration. goes through different steps. first level is the simplest

that is basic. free trade. that proposes two states agree that they shall not charge customs duties on each others’ products.

They may charge duties against groups outside the free area.

customs union is a stage further

state A and B. what is difference between free trade area and customs union?

CUstoms union is more integrated. There is a difference in their relations to state C. A and B agree on a certain level of tax against state C

both charge 10 % say against state C products

move further in economic integration

common market

there is no customs tariff. there is a common external tariff

taxation is not there – that is nation state realm.

four freedoms. goods, capital, people and services. (establishment)

EEC aim was a common market. 1986 sINGLE European Act.

monetary union was one of the eventual goals of the EU. European Monetary Union was agreed on.

some countries were not allowed to participate.

1962. empty chair crisis. France refuses to show up to meetings. agreements had to be unanimous

luxembourg compromise.

cheap oil. crisis 1970s. EEC needed stronger members with better economies. They needed the UK. North Sea Oil had been discovered.

1986.  Single European Act. it is a treaty despite the word act.

establishment of a common market

after 30 years. conditions were met. one could have the four freedoms.

EEC made the internal market

deepened integration. name changed from EEC to European Community

enlargement of EEC. Greece came in. Spain came in 1986 so did Portugal.

EEC was concerned about economic opportunities in 1980s.

this was due to cold war

Spain had preferential trade deals with former colonies. when spain aceded to the EEC this meant these sweetheart deals applied to the whole EEC

if you leave countries outsde the EEC they become weaker and could return to authoritarianism

portugal, spain and greece  could have returned to dictatorship

1990s.

EU had to respond to end of cold war

enlargement

EU had to be able to respond to crisis in former Yugoslavia. Maastricht Treaty

Pillar structure introduce.

community pillar. first pillar.  all common. supra national.

CAP for instance


commone foriegn and security policy. second pillar

very loose.

this was inter governmental. The idea was to make it supra national in the end

———————–

Justice and home affairs. pillar.

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The sink.

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Duncan went to stay with Ed. Duncan said, ”I need to use the lavatory.” Ed said, ”Fine but the loo does not work. Just use the sink.”

Duncan went in there and did he business.

Then he left the loo. Ed hurried in saying ”I am bursting.”

Then Ed shouted from inside. ”I only meant to use the loo if it was a number one.”

”Oh sorry mate” said Duncan.

 

”You did a poo in the sink.”

”Well… yeah.”

”You could at least have flushed it.”

”Sorry Ed.”

Then Ed tried to turn on the taps. But there was no water. They had to squash it down with their hands. Luckily the shower worked and they washed their paws therein.

A dream of trains and absenteeism.

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I was working in a shcool somewhere. There were adolescents – boys and girls. I hardly looked at tghem. It was  aone story red brick building. I was bored stiff and decided to bunk off. I sneaked out.

I caight a train somewhere. I do not know which land I was in. I was glad to be abpoard the iron horse. Soon I arrooved at a quiet station in the countryside. I alighted.

I was on the platform. Twas deserted. could not see a way out. I walked up some metal stairs and down the other side. This took me into a tiny one roomed building. There was a small white man there. He had mid brpwn hair and was lissom. He told me there was a way to climb out. I could hardly fit in his small room. He was living there secrelt. A bit like an idea of living in  garage where one is not supposed to reside.

he showe me a way to climb out. I was not far from the sea/ The land rose steeply away from it. The land was rocky and semi arid. Dry and waxy grass waved in the breeze.

But I had to get back. My absence might be noticed. I was worried. I boarded a train and hatsented to return to my employment before people spotted that I was playing truant

On eht etrain I saw a middle aged mum and her daughter istting opposite me. The daughter was lubricious. I hoped she was legal for me. Maybe because I saw my Big Fra Greek Wedding 2.

 

Adam Gearey. Legal and Parliamentary sovereignty

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A V Dicey  described p s through 3 rules

Parliament is supreme lawmaker

No Parliament can bind a successor

no person or body may question the validity of Parliament;s enactments

these 3 rules follow from supreme lawmaker is in British constitution

one problem

parliament can be tyrannical. no one can stop it

Sir Leslie Philips gave us a pointed way of thinking it through. COuld Parliament pass a law condemning all blue eyed babies to death?

Yes and No. If Parliament is sovereign then it could enact such a law

But on the other hand – Parliament will not do this. Reduction ad absurdum. Realities of politics. Seems unimaginable

The last civil war was 1640s. country has internal peace.

no acts of genocide at home

this reflects an understanding political settlement in the UK.

 

.Issue is distinction between legal and political sovereignty. this refers to legal sovereignty. however, we need to distinguish between this and political sovereignty. limited by democratic accountability

Parliament owes it potency to the people

Algernon Venn Dicey makes this distinction

Parliament is restricted by rules, understandings and what is politically possibly.

the government could abolish cars. it would not do that

could Parliament legally create a statute abolishing private ownership of motorised vehicles? Yes

continuing theory of parliamentary sovereignty

Ian Loveland – says that Parliament is a perpetual institutiuon. its power is unconfined and is created anew each time it meets.

Makes one cogitate on referenda. A Parliament is not bound by it

Dicey’s third rule – no court may question the validity of an act of Parliament.  A court cannot strike down such an act. The Irish Supreme Court can declare an act is a nullity.

 

 

 

Adam Gearey . Intro to Parliamentary sovereignty

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legislation.

main source of law

the other sources are

treaties. rulings of courts

statutes. law making function of Parl.

Parl delegates legislation. This is where Parl lets another body make laws. Railways board was able to make laws about railways such as on trespass

delegate laws to another organisation

this is heart of constitution.

we have to be able to point to a supreme law making body.

Parl is elected. people vote. people have power

will of the people.this underlines the notion of parliamentary sovereignty

law making power of Parl refelcts popular will

law making power of judges

what is the relationship between Parl and judges n terms of fashioning law

Parl is supreme

if Parliament makes a law an a judge makes another one then the statute will overrirde any inconsistent rule of common law i e made by a judge

Parl has ultimate power. judges have subordinate law maing powers

law of human rights

understand contemporary relaity. see it operaitn gin the conyext ot human rights. judges make rulings

Parliament can overrule any law made by judges. this includes overriding rulings on HR made by judges

takes us to present problems

the law of EU

EU law also impacts parliamentary sovereignty. EU law is articulated by ECJ is supreme in member states

law of EU limits parliamentary sovereignty. it overrides inconsistent parliamentary acts

parliamentary sovereignty has to be thought about in this context

there are parameters of parliamentary sovereignty

acts of Parliament. these are produced by Parliament

this needs to be thought about in the light of recent developments

 

 

 

 

Adolf Hitler. Early years.

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ADOLF HITLER – his early years.

Mr A. Hitler has gone down as the wickedest man of all time. His name now has a satanic ring to it. This man was born in Brannau am Inn. This town lies astride the river Inn which separates Germany from Austria. Adolf Hitler viewed it has his destiny to unite the two German speaking nations. He was brought up as Christian. Like over 90% of people in Austria he was a member of the Catholic Church. He grew to dislike Catholicism. This was partly because it was open to people of all ethnicities.

Hitler’s father Alois was very old when the boy was born. Alois was much older than Hitler’s mother. Adolf has half sisters and brothers from his father’s previous marriages. Some of his siblings died as infants. He was not close to his surviving siblings. He had severe nightmares. A psychiatrist recommended sending him to a mental hospital. He had a very bad relationship with his irascible father. He was a young teenager when his father died. When he was 17 his mother died of breast cancer. He dropped out of school. He was fixated by a young Jewish lady who came from a wealthy family. His love for her was unrequited. He followed her but dared not approach. Why would she like him? He was a total under achiever. Then he began to talk of persuading her to jump from a high bridge into the river together. They could commit suicide. Soon she married someone else.

Adolf moved to Vienna. He was rejected by an architectural school. He received a generous pension as an orphan. He was a drifter and mingled with those who disseminated racist doctrines. He lived fairly comfortably on his inheritance. He later pretended that he was on the breadline. Vienna was the capital of the Austro-Hungarian Empire. This empire comprised much of Central Europe. This included some of Poland, some of Romania, some of the Ukraine, some of Italy, Croatia, Slovakia, Slovenia, Czechia and so on. Vienna was very multi ethnic. Adolf came to believe that his ethnicity was better than the rest. He thought that the Slavs were not fully human. Slavs are Eastern European nationalities such as Russians, Poles, Serbs and so on. This is ironic since Hitler probably had Czech ancestry and Czechs are Slavs. He particularly detested the Jews. Racist pamphlets came to influence him profoundly. There is a story that Hitler was a quarter Jewish since his grandmother worked for a Jewish family for a time. She supposedly worked for a family named Frankenberger. The story goes that the father of this family had an extra marital liaison with Hitler’s grandmother Miss Schickelgruber and her son Alois was the progeny of this affair. In fact there was no family by the name of Frankenberger in that city at the time. Moreover, Jewish people were not permitted to live in that province at the time.

The Mayor of Vienna at the time was Karl Luger. Der Schoner Karl as he was known was an outspoken Jew baiter. Luger also did a lot for the poor such as building affordable housing. He is memorialised by a statue in Vienna.

Adolf Hitler never had a girlfriend despite yearning for one. He was almost friendless. He had not done well in his schooling. He never had a job. He had achieved nothing. He felt bitterly frustrated. He sought to externalise responsibility for this predicament. He liked the company of those who encouraged him to abominate unpopular groups. There is a story that he went to Liverpool in 1912 and spent a year with his elder half brother who lived there. This claim of his passing a year in the United Kingdom is now widely accepted to be false. The story was invented by Hitler’s sister in law after the Second World War. She admitted that she invented this to write a book because she was desperately short of money.

When he was 25 his orphan’s pension expired. He was also due to be called up to serve in the Austrian Army. He moved to Germany to avoid this. He lived in Munich. In 1914 the First World War broke out. He was elated. He was photographed celebrating with the crowd. He immediately volunteered for the German Army. For the first time in his life he had a purpose.

Hitler was posted to the Western Front. He was in France and he was involved in many dangerous missions. He was a messenger. This involved running from trench to trench carrying dispatches. It was dangerous. His comrades recalled that they soon grumbled about the poor rations, the mud, the cold, the filth as well as the prospect of being killed. He did not seem to mind all this destruction. He befriended a white dog whom he named Vochsl. He cared more for this hound than all the people being killed around him. Hitler was a monstrous tyrant. There is no question that he was savagely cruel. This does not mean that he had no courage. He showed valour and was awarded the iron cross. He was not promoted beyond corporal. He said this was because officers disliked him. One of them was a Jewish German named Captain Hugo Guttman. Hitler was said to lack leadership qualities.

Hitler was injured in a gas attack near the end of the war. He was temporarily blinded. He was in hospital recuperating. His eyesight gradually returned. Then the news came through that Germany had signed an armistice. He later wrote, ”I buried my burning head under the pillows. The world went black before my eyes.” He was outraged that Germany had signed disadvantageous peace terms. He contended that his country was on the cusp of victory but was betrayed by selfish and weak willed socialists. He called them ”miserable and degenerate criminals.”  In fact Germany was being defeated and signed the armistice because the war was totally unwinnable. Large scale desertions and mutinies had compelled the German High Command to demand that the Chancellor (Prime Minister) agree to peace.

Hitler stayed in the army and returned to Munich. The Germans had pulled out of occupied regions of France and Belgium. The Allies (French, British, Americans, Canadians etc…) were in Paris deliberating what terms to impose on Germany. The socialist government in Germany had a very shaky hold on power. German communists tried to overthrow the socialist government and form a dictatorship. The communists were defeated by the government only with difficulty. The German Government had to enlist the support of an organisation of right wing ex soldiers called the Freikorps.

In Munich some soldiers became communists. Hitler briefly joined the communists. This was a fact he was very eager to cover up later on. Communists took over Munich for a few weeks but were defeated. Hitler then totally severed links with communism. He would later pose as an avowed enemy of communism.

A new political party had been formed. It was called the German Workers’ Party (DAP). It seemed one of countless tiny drinking clubs where embittered demobilised soldiers would rant that they had suffered in vain. Hitler was asked by his officer to go along and observe this party. The German officer corps was mostly made up of aristocrats with reactionary and very nationalistic opinions. He went to one of its meetings. He found it intriguing. He was drawn into its public discussion. His oratorical virtuosity so struck the DAP that they asked him to return and speak on a topic of his choice. He readily agreed and then delivered a disquisition on the title ”My belief in Germany’s future greatness.” His tubthumping went down a storm. He was such a marvelous natural barker than the DAP begged him to join. He soon did and quickly made himself indispensable. He was given membership number 555. In fact the membership numbers started at 500 to give the impression that the party was much larger than it really was. He was asked to be leader and he agreed. The words ‘National Socialist’ were put on the front of the party’s name. The full name National Socialist German Workers’ Party was a mouthful. So it was reduced to the acronym Nazi.

The Nazis drew up a 25 point part programme. Their manifesto was a mixture of left wing and right wing aims as well as some objectives that are neither. They stressed their concern for the poor and their wish to redistribute wealth. They wanted the Treaty of Versailles cancelled. They wanted all Germans to be united in one Greater Germany. They were openly anti-democratic. They wanted to expel all Jews who had entered the country since 1914. They attached themselves to Christianity but cannily did not align themselves to any denomination. They were in Bavaria which is overwhelmingly Catholic. They might have been tempted to become an avowedly Catholic Party. But to do so would limit support for themselves in the Protestant majority areas of Germany.

The Nazis became well known in Bavaria but had no profile in the rest of the country. In 1923 Germany was suffering hyperinflation. Some people in Bavaria advocated secession from Germany. This campaign for Bavarian independence was secretly funded by France. The French wanted to split Germany up so it would never be a rival again. The Nazis decided the time was ripe to act.

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  1. In what year was Hitler born?

2. What is special about Brannau am Inn’s location?

3. Describe his family situation.

 

4. What profession did he initially wish to pursue?

 

5. What did he do in 1914?

 

6. What opinions had be formed before the First World War?

 

7. Why is he so detested?

 

8. How did Hitler feel about the armistice?

 

9. What was Hitler’s involvement with the communists?

 

10. How did he come to join the German Worker’s Party?

11. What was Hitler’s state of mind in 1914- just before he moved to Germany? Was he a happy young man? Give reasons for your answer. Write at least 5 sentences.

12.