...Judicial Review: proposals for reform December 2012 Consultation Paper CP25/2012 Consultation start date: 13 December 2012 Consultation close date: 24 January 2013 Judicial Review: proposals for reform Presented to Parliament by the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty December 2012 Cm 8515 £16.00 © Crown copyright 2012 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov.uk/doc/open-government-licence/ or email: psi@nationalarchives.gsi.gov.uk Where we have identified any third party copyright material you will need to obtain permission from the copyright holders concerned. Any enquiries regarding this publication should be sent to Michael Odulaja, Administrative Justice, Court and Tribunal Fees and Coroner’s Policy Team, Ministry of Justice, Post Point 4.34, 102 Petty France, London, SW1H 9AJ. This publication is available for download at www.official-documents.gov.uk and on our website at www.justice.gov.uk ISBN: 9780101851527 Printed in the UK by The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office ID 2529331 12/12 Printed on paper containing 75% recycled fibre content minimum. Judicial Review: proposals for reform Contents Foreword 1. Introduction 2. Background 3. The case for change 4. Time limits for bringing a claim 5...
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...the reform movements of the sixteenth century. The reader should care about what the author is saying because of his in-depth analysis of two very different ways of thinking and how these ways of thinking reflected the culture that was around them. This subject is interesting because it offers a unique perspective on the way human self-worth and importance was viewed and how Peter Matheson believed humanism was not essentially the key force driving the reforms of the sixteenth century. After reading Matheson’s analysis of humanism and the reform movements, it seems to me...
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...well thought out, benefit the whole of society and most of all maintain democracy. However, many people feel that certain aspects within Parliament limit its effectiveness and they feel these features need to be reformed in order for Parliament to carry out its function correctly. Firstly, the most obvious way to make Parliament more effective would be to reform the electoral system. Currently, Westminster elections use the system of First-past-the-post where the candidate with the most votes in a constituency wins the seats. However, this system is highly disproportionate in both terms of the word as it exaggerates winning votes for example, the Conservatives received 36.1% of the vote and won 47.1% of the seats in the 2010 general election, whereas it penalises small parties such as the Liberal Democrats who won 23% of the vote but gained only 8.8% of the seats. Particularly as FPTP produces landslide majorities, it makes Parliament less effective as the party that wins the general election forms the government and therefore has a large majority in most cases. If MPs belonging to the party vote along party lines all the time, in theory Parliament is rather ineffective when it comes to making decisions as well as scrutinising the government in an attempt to hold it to account. However, I feel if the electoral system changed to one which was more proportionally representative in terms of the votes to seats ratio, such as the Supplementary Voting System which was used in the London...
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...Constitutional reform is a process whereby the fundamental nature of the system of government is changed or where a change is proposed. In the UK this may also involve the process of codification. Since 1997 there have been many key reforms that have impacted on the UK whether it makes the country more democratic or even undemocratic. The first reform is the reform of the House of Lords, this was were the voting rights of most hereditary peers were abolished. The Blair government subsequently passed the House of Lords Act 1999, on 7th November 2001 the government undertook a public consultation. This helped to create a public debate on the issue of Lords reform. In 2010 all three main parties promised to take action on the Lords reform in the 2010 general election, this was then followed up by the House Of Lords Reform Bill 2012, however this Bill was abandoned by the Government on 6th August 2012 following opposition from within the Conservative Party. A successful attempt to pursue minor reform of the House was made on 14 May 2014 when the House of Lords Reform Act 2014 gained Royal Assent. The original idea of abolishing voting rights of most hereditary peers, makes the UK less democratic rather than more democratic. This is due to the House Of Lords as a whole being an unelected chamber and therefore makes it undemocratic, however by removing the hereditary rights of some peers makes it less undemocratic as they are born into it at birth and not voted in. So this reform does make...
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...How can we explain the ability of the liberal reform to become part of the Indian economic policies despite there being a lot of obstacles in its path? The dominant interpretation among the political observer regarding this question is that some kind of consensus emerged regarding the liberalization process. The reforms were accepted by the large part of the population and there was a relative absence of the opposition. Then the next question arises what are the political factors which made the transition from the planned economy to the open market economy...
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...points Time Elapsed 28 minutes out of 2 hours. Instructions: This midterm exam consists of 25 multiple choice questions and covers the material in Chapters 1 through 3. Question 1 5 out of 5 points The person often referred to as the first hospital administrator Question 2 5 out of 5 points Reform in medical education early in the 20th century was due to Question 3 5 out of 5 points The inventor of the electrocardiograph, which marked the beginning of medicine in the 20th century Question 4 5 out of 5 points The first incorporated hospital in the U.S. was founded in Question 5 5 out of 5 points The person who claimed that the alarming number of deaths from puerperal fever was due to infection transmitted by students who came directly from the dissecting room to take care of maternity patients Question 6 5 out of 5 points With the goal of providing the best professional, scientific and humanitarian care possible, the focus of efforts in hospital standardization was the Question 7 5 out of 5 points HSA 515 MIDTERM EXAM PART 1 AND 2 To purchase this visit following link: http://www.activitymode.com/product/hsa-515-midterm-exam-part-1-and-2/ Contact us at: SUPPORT@ACTIVITYMODE.COM HSA 515 MIDTERM EXAM PART 1 AND 2 Part:1 Course: Health Care Policy, Law And Et Test: Week 5 Midterm Exam Part 1 Attempt Score: 125 out of 125 points Time Elapsed 28 minutes out of 2 hours. Instructions: This midterm exam consists of 25 multiple choice questions and covers...
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...Reforms in Еducation What is the current condition of the education provided as a service in high schools and universities nowadays? Do we feel satisfied by the results of graduates coming out, or reforms in the whole system of education should be made, so that students could use their knowledge and skills after graduating? Anyway, do we need to be well-educated in order to become prosperous in the area of business and finance? Most people are really baffled and they ask such questions, but to most of them they do not get an answer. Education has always been a must – starting from the Ancient times, when people began to share their experience and to develop their knowledge, passing through the Dark Ages, and eventually coming to a point where one wonders what he/she should learn, and society comes in with the question of reforms in education. The more educated a person is, the harder it is to be manipulated. That is probably why many countries do not pay much attention to such tiny details and facts, like investing in schools and universities, creating different training programs, etc. What is certain is that one always benefits from education and it is a pity, to see how culture is ruined and nobody cares. The recession of 2008 had an impact on every sector of the economy, and many doubted that it would have influence on the services, and education in specific. Anyway, we are witnessing how governments in the European Union are forced to introduce a set of reforms, involving...
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...Were we surprised that our webinar, “Insolvency Law Reform – The Essentials”, had the highest registration and attendance rates in the past year? No, because the topic is very relevant to those who practice in this demanding industry. Our webinar highlighted a little known fact – that insolvency law reform is an initiative under the Government’s “National Innovation and Science Agenda”. Among other things, such initiatives are aimed at aligning business laws with a culture of entrepreneurship and innovation. 2 tranches of reform were implemented in March and September 2017 by the Insolvency Law Reform Act 2016. Tranche 1 was about the registration and discipline of practitioners, and tranche 2 was about the insolvency administration process....
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...also serve as a useful study aid for class discussions and exams. A student who has a case digest does not need to go back to the case in order to remember what he has read. Format of the Case Digest I. Caption. This includes the title of the case, the date it was decided, and citation. Include also the petitioner, respondent, and the ponente. II. Facts. There is no need to include all the facts. Just include those that are relevant to the subject. III. Issues. Include only those that are relevant. Issues are usually framed in the form of questions that are answerable by "yes" or "no," for example, "Is the contract void?" Sometimes, students frame the question by starting it with the word "whether," for example, "Whether the contract is void" or "Whether or not the contract is void." The answer to the question has to be answered in the ruling. IV. Ruling. This usually starts with a "yes" or a "no." This is the answer to the question/s involving the issue. After the categorical yes/no answer, the reason for the decision will be explained. V. Concurring and Dissenting Opinions. This part is optional, but it would help to include them because there are professors who ask for separate opinions in recitations. Sample Case Digest DOMINGO VS. COURT OF APPEALS 226 SCRA 572 Petitioner: Roberto Domingo Respondents: Court of...
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...Question 1 By the eighteenth century, the Dutch Republic | a. | saw the power of the oligarchy considerably reduced. | | b. | established a system of male democracy. | | c. | suffered a decline in economic prosperity. | | d. | permanently expelled the House of Orange. | | e. | continued its great economic prosperity of the sixteenth century. | 1 points Question 2 The enlightened legal reforms expressed by Catherine the Great in her _______ accomplished little due to heavy opposition and were soon forgotten. 1 points Question 3 The dismemberment of Poland in the late eighteenth century | a. | occurred after decades of warfare between its neighbors. | | b. | was reversed by the successful rebellion of General Kosciuszko. | | c. | showed the necessity of a strong, centralized monarchy to defend a state in the period. | | d. | was reversed as the result of the Council of Berlin. | | e. | resulted from the Polish king's repeated insults and attacks on his neighbors. | 1 points Question 4 In England, a legislative district controlled by one man or one family was known as a | a. | gerrymander. | | b. | tenured seat. | | c. | sinecure. | | d. | pocket borough. | | e. | good job. | 1 points Question 5 Of the great European powers in the eighteenth century, the only one not to possess a standing army and to rely on mercenaries was | a. | Russia. | | b. | Prussia. | | c. | Great Britain. | | d. | Austria...
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...Summer Vacation... “Our Work” (continued from page 7) The New Meaning of Educational Change Summer Vacation... Assumptions (continued from page 7) parallel to ours. The overarching goal of the institute was most people wanted to collaborate. Now I know that to help with the transition of the five big Indianapolis High it’s not that simple – CFGs take time, commitment, Schools into Small Learning Communities. It was a brave energy, and above all, work. They are not “easy”; they adventure, with high goals, but success was achieved in the don’t just “happen”. Buy-in is not instinctive for most very act of bringing all of these stakeholders together in a people, and collaboration can be scary. meaningful way for all of them, collaboration. Another assumption that I held was that everyone I am not sure if collaborative processes can be learned involved in CFGs, including all trained coaches, know without collaborating. I can see now why our facilitators set something about NSRF. During the course of this straight to work in building us into a learning community. You institute, it became clear that many of them do not, and have to model your goal. We were made responsible not only some CFG members and even coaches may have never for our own learning, but also for the learning of everyone even heard of NSRF. else. By sharing this responsibility, we were empowered to The personal assumptions I came face to face work together in ways that are meaningful and welcoming, with are somewhat...
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...Labour and Constitutional Reform ✓ Labour’s Reforms ✓ The Changing Constitution ✓ Party Views and Manifestoes ✓ Assessment and Evaluation ✓ Evidence 1. Labour’s Reforms o The constitutional reforms initiated by the Labour Government elected in 1997 together promise to transform the institutional structure of the United Kingdom. ▪ The Scottish Parliament and the Welsh Assembly are the most tangible signs of this transformation but other constitutional reforms are either in being or well under way …… ▪ including the Human Rights Act of 1998 (incorporating the European Convention on Human Rights), ▪ a directly-elected mayor and assembly for London, ▪ a reformed House of Lords ▪ and Freedom of Information legislation. ▪ Although reform of the electoral system for Westminster now seems a somewhat distant prospect, the 1999 elections to the Welsh Assembly, to the Scottish Parliament and to the European Parliament were all conducted using electoral systems very different from the traditional first-past-the-post method. ▪ Referendums have been widely used, and more promised o Lecture by the Lord Chancellor, Lord Irvine of Lairg, to the Constitution Unit, Westminster. 8 December 1998 o No other Government this century has embarked upon so significant or wide-ranging a programme of constitutional reform as the New Labour Government...
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...and risk management in financial regulatory reform As regulators and policymakers continue their efforts to find the best way to prevent a repetition of the financial crisis that almost engulfed the world economy, re-evaluating how corporate governance and risk management can make the financial system more secure has become a crucial question. Clifford Chance organised three round-table debates between 2009-2010 to assess this issue. With financial regulatory reform continuing to dominate the global political agenda, Clifford Chance has decided to publish a summary of these discussions as part of its commitment to promoting a balanced and informed analysis of the challenges that lie ahead. Much has been written and spoken about the causes of the financial crisis. Most people accept it is time to learn the lessons and move on. While the need to reform the banking and the financial services sector is beyond question, there is a tension between the desire to ‘get it right’ and the intense pressure for politicians and regulators to act quickly and decisively. In the ensuing debate over regulation and reform, the real issues of corporate governance and risk management have been largely obscured by the remuneration question. “There are some conflicting imperatives,” said Michael Bray, a partner in Clifford Chance’s London office. “We still have a long way to go.” Among a host of challenges facing the global financial community are questions of its own reputation, harmonizing rules of...
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...(Rush & Ottley 2006). Statistically, one can say that the Acts of Parliament is less vital compared to delegated legislation. This is because, in any year, the production of delegated legislation will always surpass the Acts of Parliament. Since majority of delegated legislations are in the form of Statutory Instruments (SIs), the government has the ability to effect changes without referring to the Parliament. The delegated legislation is important for a number of reasons. Firstly, the Parliament does not have time to scrutinize each act that has been amended. To save parliament time, delegated legislation is created to allow thorough debates of every detail of intricate regulations. Besides that, delegated legislation speeds up the process of law making as the parliament does not sit all the time and each bill has to go through complex stages before the law is made. Furthermore, delegated legislation can easily update statutes without going through the time consuming procedures. The fact that experts and...
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...Chapter 143 from 1973 through 2012. We plotted the number of effective subsections for each year in Figure 1. Clearly, things have changed over time, with the number of subsections increasing from 54 in 1973 to 154 in 2012. The next question is, why have the number of subsections in Chapter 143 of Title X increased? Several possible answers apply. For one thing, no law is ever written perfectly the first time. So, new subsections refine things, such as loopholes that were not evident when the law was initially written and to redefine what income is subject to taxation. Additionally, the state assembly sees opportunities to use tax laws that seek to stimulate economic development by changing the amount of income subject to the state income tax. By implementing such changes, the carrot-and-stick approach aims to modify people’s behavior so that the Missouri economy will grow faster. Third, if we started from scratch, would we implement the same set of subsections? The calls for tax reform are based on the notion that tax code becomes unnecessarily complicated over time. The view is that the number of laws that adjust taxable income changes over time complicate things by altering the set of deductions, exclusions, and credits that apply to taxpayers.4 Each filer must keep up in order to comply. Each new subsection adds a layer of new questions that taxpayers confront when filing their taxes. Do I qualify for the new tax credit? Does the new deduction apply to me? On the other hand...
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