...Parliamentary Sovereignty Parliamentary sovereignty means; • Parliaments power is unlimited in that it can make laws on any subject • The validity of parliament cannot be questioned Eg. By the courts, church, monarchy etc. • Parliament can’t limit the law making power of any future parliament, therefore parliament cannot pass a permanent law (entrench the law) Britain joined the EU on the 1st January 1973. Parliament is no longer the supreme law maker because EU law will prevail if there is a conflict between the EU and parliament. A recent challenge to the powers of the EU came in the case of Ex Parte Factortame 1991. This concerned the rights of Spanish fishermen to fish in British waters. Spain argued that the Merchant Shipping Act 1988 was against EU law and that the law should be suspended pending trial. English courts refused because they couldn’t suspend an act of parliament. The European court of justice said that the act should be suspended and gave courts the right to limit parliamentary sovereignty in some circumstances. Parliament has to pass laws to comply with EU law. Eg. About a third of legislation is made to implement EU law. Sovereignty has been limited but we can avoid surrendering it by withdrawing from the EU through legislation because membership cannot be entrenched in law. The effect of the Human Rights Act: The Human Rights Act incorporated the EU convention on human rights...
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...Unibersidad De Manila 659-A Justice Cecilia Munoz-Palma Street, Ermita, Manila, Metro Manila Parliamentary: A Good Form of Government Aira C. Adao UC-48 Prof. Marvin Ignacio Politics and Governance January 20, 2015 I. Title: Parliamentary: A Good Form of Government II. Abstract HYPOTHESIS 1. What is Parliamentary Government? 2. What are the types of Parliamentary Government? 3. What are the advantages and disadvantages of Parliamentary System? 4. What countries are implementing Parliamentary System? 5. What is the difference between Parliamentary System and Presidential System? OBJECTIVES * To point out the good sides of the Parliamentary system. * To discuss the process of legislation of the Parliamentary Government. * To tackle the important topic about Parliamentary system. * To form a good information to the readers about the essence of Parliamentary system. SIGNIFICANCE * This term paper gives information to the reader about the system of Parliamentary Government. * This paper will benefit the ones who search information about the essence of Parliamentary system. III. Introduction Parliament, (from Old French: parlement; Latin: parliamentum) the original legislative assembly of England, Scotland, or Ireland and successively of Great Britain and the United Kingdom; legislatures in some countries that were once British colonies are also known as parliaments. The British Parliament, often referred...
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...Critically analyse the strengths and weaknesses of precedent and statutory interpretation in the UK’s legal systems The doctrine of precedent arises (stare decisis) from the common law implementation in UK courts. This goes back to King’s Henri II (the King’s Bench) whereby past decisions were dispensed throughout the kingdom. The reasons and main advantages of the same are to ensure consistency/uniformity and predictability, thus creating confidence in the legal system. The stare decisis (stand by what is decided) enacts the requirement on the courts to follow/abide by the previous rationes decidendi of previous cases. Mainly, the lower courts will abide by precedent decisions due to the hierarchy invested therein (Binding precedent). In 1966, the House of Lords (now known as UK Supreme Court) referred to the doctrine of precedent as “…an indispensable foundation upon which to decide the law and its application to individual cases. It provides at least some degree of certainty upon which individuals can rely in the conduct of their affairs, as well as a basis for the orderly development of legal rules”. However, the House of Lords advised that: “…that too rigid adherence to precedent may lead to injustice in a particular case and also unduly restrict the proper development of the law. They propose, therefore, to modify their present practice and, while treating former decisions of this House as normally binding, to depart from a previous decision when it appears...
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...written constitution for the United Kingdom. Before moving on with the main benefits and disadvantages of a written constitution, we firstly need to establish what a constitution is. A constitution sets down the general and fundamental principle on which powers of the state are to be exercised. So, in this sense, the constitutional law is often described as the fundamental law of the land, its main objective is to determine and allocate functions and powers among various organs of the government. The constitution also defines the relation between governing authorities and the common man. The UK has always run on the basis of an unwritten constitution, which basically means that all the rules and regulations governing the fundamental state as well as the basic rights of the people are not codified in one single document known as the ‘constitution’. Unlike many other super powers around the world, Britain has never had the need to consolidate the building blocks of its land due to its relatively stable political development over time. Apart from the documentation of parliamentary laws and to a certain extent, judicial decisions, the unwritten constitution is mainly derived from traditions, precedents, and customs. Moreover, the conventions responsible for these laws are governed by obligations and obedience. These traits only emerge over time and consequently exert great significance to common law, allowing judges to make constitutional judgments without the overshadowing of a written...
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...Table of Contents Aims and Objectives 2 Methodology 3 Presentation of findings 4 Aims and Objectives * Compare the flexibility of written constitution to Legislation * To promote self-learning through practical work * To investigate the accuracy of written constitution * To investigate the awareness of the main source of law to the public * To assess the supremacy of the written constitution Methodology During this study, the researcher decided to utilize a series of qualitative approach. The researcher seeks to acquire secondary information via internet sites, books, the constitution, articles and cases as well as statutes. This slant was chosen by the researcher because the various types of secondary information will form a very precise and foolproof study. The topic chosen can be very broad and so the researcher tries to present accurate information. The supremacy of the constitution may be one which is elaborate and compound so people of simple knowledge will find it difficult to give honest answers and information and may focus on what they strongly feel, believe or even heard. For this reason, the researcher decides that she will not use a questionnaire to collect information which is quantitative. A questionnaire is mainly used to gather a broad range of information from various unspecified people; however, the researcher sees no need to collect data in this form because it is more sociological as it deals...
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...Law Making – AS Summer Homework 1. State 3 influences upon law making. Describe one of these and explain how they influence law making, giving examples. Many laws are introduced by the Government in order to implement its political agenda. Other influences towards law making come from the Law Commission, pressure groups and also the media. The EU and Royal Commissions can also have an influence on Parliament and laws. The Law Commission is and independent law reform set up by the Law Commission Act 1965. It is run by five Law Commissioners with one being the Chairman (a High Court Judge). The other four are qualified lawyers and each one is supported by a team of barristers, solicitors etc. Under s3(1) of the 1965 Act, the role of the Law Commission is to ‘keep under review all the law’. 2. Compare and contrast the different roles of the following in law making – * House of Commons * House of Lords * Crown The three parts of Parliament are The House of Commons, The House of Lords and The Crown (the Queen). The House of Commons contains 650 members called MP’s who are elected at general elections. The leader of the party with the greatest number of MP’s is the Prime Minister. The role of The House of Commons is to debate and vote on whether to approve new laws. The House of Commons also ensures that the legislative process is democratic. There are approximately 700 members of the House of the Lords who are all unpaid and unelected. Sitting in the House...
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...It would also play a role in partisan affairs of the nation by either blocking or speeding legislation, depending on the government of the day. The Senate is not a perfect institution, nor are the senators’ infallible people. There are some delinquencies, which may be inexcusable. However, these wrongdoings are no more general in the Senate as they are in the House of Commons or in the parliamentary press gallery. It has come to attention, that the driving force of Senate abolition is not really the desire for improvement and reform so much as the frustration with the Senate as it currently functions. A vast amount of Canadians believes that the Senate as an unelected institution lacks democratic legitimacy because the public is unable to hold senators responsible for their decisions (Barnes & al., 39). It also lacks democratic legitimacy since it is believed that the prime minister appoints senators because they had a contribution in the prime minister’s party thus making the appointment bias. However, abolishing the Senate may cause certain disastrous events because it would put the business of Canada in the absolute control of the House of Commons, and not only that, but in the absolute control of the majority of that House (Joyal,...
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...Government & Politics Unit 2 * Constitution * Codified Constitution ✓ * Advantages & Disadvantages * Features * Uncodified Constitution ✓ * Advantages & Disadvantages * Features * Is Parliament Sovereign? ✓ * Arguments For and Against * Strengths and Weaknesses of the UK’s constitution ✓ * Constitutional Reforms – Coalition and 1997-2010 ✓ * What are they? * Are they effective? * PM & Cabinet * Features & Functions of the PM ✓ * What must a politician be to becoming PM * What can a PM do? * Functions of Cabinet ✓ * Factors that affect promotion and resignation of a minister ✓ * Powers and Constraints of PM ✓ * Theories of Executive Power ✓ * PM V Cabinet ✓ * Parliament * Functions of Parliament ✓ * What are they? * How effective are they? * Powers of Parliament ✓ * What are they? * How effective are they? * Parliamentary Reform ✓ * What are they? * How effective are they? * Relationship between Parliament and Government ✓ * Factors that affect it * How the coalition affects it Constitution: 2 Types of Constitution * Codified & Uncodified Codified Constitution * Constitution where the rules are written down in a single document. Example could be the USA...
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...Assess the positive and the negative aspects of the United States political framework based on the ‘separation of powers’. The United States is a presidential democracy; its political framework is based on the separation of powers between the executive, the legislative and the judicial branches of government. This is in contrast to a parliamentary democracy where there is a fusion of powers between branches of government 1. It is often argued that a parliamentary system of government based on a fusion of powers is a more effective form of government, particularly when legislating. Although this may be the case, the US political system has overcome issues faced by most parliamentary democracies such as elective dictatorships and poor scrutiny of the executive. This has been due to the structure of the US political system based on the separation of powers. In this essay I will assess the positive and the negative aspects of the US political system. I will evaluate the advantages and disadvantages the separation of powers has brought to the US system of government. I will first assess the positive aspects of the US political system. I will then discuss the negative aspects of the US political system, finally drawing a conclusion. The ‘separation of powers is a central structural feature of the United States constitution’ 2. The US political system was designed first and foremost to prevent tyranny, something the founding fathers still feared even after America had gained...
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...Asif Tufal DELEGATED LEGISLATION DEFINITION Law made by some person/body under powers deriving from an Act of Parliament. That statute is known as a “parent” or enabling Act. An example is: TYPES OF DELEGATED LEGISLATION Statutory Instruments are Bye-Laws are made by local Orders in Council are laws regulations made by made by and with the advice authorities to cover matters of Her Majesty’s Privy Government Ministers and within their own area. An Departments. An example is: example is: Council and are used, for example, for transferring responsibilities between Government Departments, extending legislation to the Channel Islands, and under the Emergency Powers Act 1920. They can also be made by certain public corporations An example is the and certain companies for Government controlling fuel matters within their jurisdiction which involve the supplies during the fuel crisis in 2000. public. An example is: ADVANTAGES Saves Parliamentary time. Parliament passes the parent Act and those with technical expertise or necessary knowledge can fill in the details. Government Ministers often consult interested bodies and parties before drafting statutory instruments. Delegated legislation is more flexible than an Act of Parliament. It can be passed quickly and easily amended or revoked, so that the law is up to date. www.lawteacher.net DISADVANTAGES It is undemocratic (except for bye-laws). Sub-delegation occurs whereby law making power is passed on to civil servants by Government...
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...Asif Tufal DELEGATED LEGISLATION DEFINITION Law made by some person/body under powers deriving from an Act of Parliament. That statute is known as a “parent” or enabling Act. An example is: TYPES OF DELEGATED LEGISLATION Statutory Instruments are Bye-Laws are made by local Orders in Council are laws regulations made by made by and with the advice authorities to cover matters of Her Majesty’s Privy Government Ministers and within their own area. An Departments. An example is: example is: Council and are used, for example, for transferring responsibilities between Government Departments, extending legislation to the Channel Islands, and under the Emergency Powers Act 1920. They can also be made by certain public corporations An example is the and certain companies for Government controlling fuel matters within their jurisdiction which involve the supplies during the fuel crisis in 2000. public. An example is: ADVANTAGES Saves Parliamentary time. Parliament passes the parent Act and those with technical expertise or necessary knowledge can fill in the details. Government Ministers often consult interested bodies and parties before drafting statutory instruments. Delegated legislation is more flexible than an Act of Parliament. It can be passed quickly and easily amended or revoked, so that the law is up to date. www.lawteacher.net DISADVANTAGES It is undemocratic (except for bye-laws). Sub-delegation occurs whereby law making power is passed on to civil servants by Government...
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...Examiners’ report 2011 Examiners’ report 2011 265 0020 Public law – Zone A Introduction As in previous years, the quality of papers ranged from First Class to poor Fails. In this report the Examiners will discuss what constitutes a „good‟ answer and what does not. Extracts from candidates‟ examination scripts are included in relation to Questions 1 and 4, both of which were statistically popular with candidates. Please note that spelling errors and other linguistic problems have been left as they were on the examination script. General remarks As in previous years, irrespective of the actual questions on the examination paper, there are a number of common problems which detract from the quality of the answers given. The first relates to understanding and correctly interpreting the question. Although a number of the same topics will appear on the paper each year, candidates must appreciate that this does not mean that there is a standard answer which will be adequate for the particular question. It is extremely important that you take care in interpreting what the actual question is asking, and adapt your knowledge of the topic accordingly. The Examiners can spot a „rote-learned‟ preprepared answer and it is rarely adequate for more than a bare pass, if that. A related issue concerns relevance. One of the main purposes of the 15-minute reading time is to enable candidates to read and reflect on what the questions require, and a correct interpretation is crucial for success...
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...Aruba Governmental Powerment Analysis Aruba is an small Dutch Caribbean island. Which is off the coast of Venezuela and the Southern Caribbean Sea. Aruba was discovered in 1499 by explorer Alonso De Ojeda. It is a constituent country of the Kingdom of the Netherlands. This country is considered to be a Parliamentary Representative Democratic country or, is sometimes called a Multi-party System. Arubas government is considered to be a Constitutional Monarchy. This is a type of government in which a Monarch is guided by a Constitution. In this government there is a Constitution set in place that states the laws that all citizens must obey. The head of state is the King of Netherlands (king willem) is represented in aruba by its Governor. The Governor or Prime Minister have executive power. The way this government is set up is where there is a Governor (Alfonso Boekhoudt) who is the head of government and it is a six year term appointed by the Monarch. Then directly under him is the Prime Minister (Mike Eman) which is a four year term appointed by the Legislature. The Legislature consists of twenty one Members of Parliament elected yearly by popular vote and eight members of cabinet. Aruba has power...
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...FOUNDATIONS OF LAW 2010 Combined Law Essay Critically analyse the Australian Government’s proposed reforms for protecting and promoting human rights for the more vulnerable groups in Australia. A bill of rights alone will not protect the rights of the people. But nor will a majoritarian democracy. Contemporary democracy stands for more than just the primitive notion of according full power to the popular majorities of Parliament by the vote. It requires the recognition of Parliamentary sovereignty, and furthermore it calls for the preservation of the principles of rule of law, judicial independence and more importantly the rights of all individuals. Although the Government’s recently launched National Human Rights Framework promises a selection of human rights protection mechanisms, in light of its failure to provide a bill of rights that many Australians want, it is an inadequate attempt at promoting and protecting the more vulnerable groups. Even though the Framework claims that it reserves the function of statutory interpretation for the courts, in reality it empowers the Parliament with the capacity to “guide”[1] the courts into enacting legislation. The Government’s downplay of judicial influence cannot be ignored and this points to a discussion of whether Australia needs a bill of rights. The role of the courts also need to be evaluated with respect to the other branches of government, the legislature and the Executive, in an effort to attain a healthy balance between...
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...government should serve the interests of the people. Legitimacy = the extent to which a government has the right to rule and exercise power. Power vs. Authority: * Power= the ability to make someone do something that they would not do of their own free will * E.g - Coercion – the use of force to achieve ends – the military * Authority = the right to exercise power (based on the consent of those being ruled) * E.g - Legal/rational – HOC * E.g – Traditional – HOL Modern democracies have: Political tolerance Peaceful transition of power Free, fair and regular elections The government is accountable to the people The rule of law Freedom of the media Modern democracies have: Political tolerance Peaceful transition of power Free, fair and regular elections The government is accountable to the people The rule of law Freedom of the media What makes a government legitimate? * Referendums (‘Yes’ answers) * High turnout * Free, fair and regular elections * Lack of dissent * Displays of public support How legitimate is the UK? Legitimate | Not legitimate | * House of Commons is elected | * Electoral system unfair and distorts political representation (FPTP) | * Government elected with mandate to govern | * Every government elected has only achieved the minority of the popular vote | * House of Lords has traditional authority and political influence is widely recognised | * House of Lords members are not...
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