...Since 1997 England’s uncodified constitution has seen a significant amount of change. Westminster has devolved some of its power, an Act protecting and stating human rights has been established and a referendum is due to be held in 2014 on whether or not Scotland should have a codified constitution. While one could argue that discussions as to whether the upper house should be elected or appointed have not yet reached a decision, and it has taken over a decade for a devolved assembly to have the chance to be independent, it would appear that constitutional changes have gone as far as they are ever going to, however it ... gone far enough. Parts of the British political system were seen as undemocratic, especially during Labour’s terms in office in the late 1990’s, in particular the House of Lords (HOL). The Labour government set out to remove all hereditary peers in 1999; instead they abolished all but 92 and now promoted life peers as an alternative. Many Lords and Ladies are offered a place in the HOL either for service, such as previous MP’s, or due to their particular knowledge in a field, such as Alan Sugar as he has a vast amount of knowledge in business. However this was the last reform made, no more hereditary peers have been abolished, the question on whether or not to make the upper house elected is still on-going and previous conservative MP’s still hold more seats than any other party thus making the HOL unrepresentative and undemocratic. Therefore many argue this...
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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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...Bogdanor and S Vogenauer; Enacting a British Constitution: some problems’, 2008. One must understand that most of the countries now have a written and a codified Constitution, such as the United States of the America, Malaysia, India, Australia and etc. As we know these countries are under the British colonies before getting their independence. Hence now there are only three states in the world which lacks a written constitution, namely Britain, New Zealand, and Israel. A constitution is a set of rules which defines the structures and functions of a state, particularly, will define the principle of institutions, the legislature, the executive, judiciary and the nature and the scope of their powers. Moreover, Bradley and Ewing have defined a constitution as ‘ a document having special legal sanctity which sets out the framework and the principle functions of the organs of government within the state and declares the principles by which those organs must operate’. (A Bradley and K Ewing, Constitutional and Administrative Law (14th edn, Pearson/Longman, 2007), p.4) [1]In the introduction of a state’s constitution, there will be a discovery of a preamble, for example, in the USA the preamble states that: ‘We the people...do ordain and establish this Constitution’. (Article 2 of the 1936 Soviet Constitution.)[2] This shows the society as a sovereign power. An important question that often rises is “Should Britain adopts a written constitution”? This has always been the topic of debate...
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...Law Opinion Paper Introduction to Criminal Court System CJS/220 Instructor: XXXXXXXX Law Opinion Paper: The relationship between the common law and the legislature. The American common law system had originally been mirrored from medieval England, when criminals and civil laws were decided by judges based according to biblical prophecies as well as where they presided from. Now laws are created, enforced and micromanaged by three legislative branches of government. The reasoning for each branch having specific responsibilities is so that no one branch is able to corrupt the “checks and balances” system that was based according to the principals written in The United States Constitution and other important legal documents. The Legal System The United States government is overseen and governed by laws that were created by public officials. There are three branches of government: * The Legislative Branch of government (state or federal) enacts a group laws that are enacted by public officials. * Once the laws are enacted then they are enforced by The Executive Branch which controls the law enforcement agencies. * The Judicial Branch makes sure that those enacted laws serves a balanced purpose and are legally as well as ethically fair to all in serving their purpose. The American legal system today was conceived based from two major concepts that originally came from the medieval England’s common laws: Precedent and Codification...
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...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. Too often Examiners find that candidates offer a reasonable or good...
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...1/19/2015 Westminster system - Wikipedia, the free encyclopedia Westminster system From Wikipedia, the free encyclopedia The Westminster system is a democratic parliamentary system of government modelled after the politics of the United Kingdom. This term comes from the Palace of Westminster, the seat of the Parliament of the United Kingdom. The system is a series of procedures for operating a legislature. It is used, or was once used, in the national legislatures and subnational legislatures of most Commonwealth and ex-Commonwealth nations upon being granted responsible government, beginning with the first of the Canadian provinces in 1848 and the six Australian colonies between 1855 and 1890. However some former colonies (e.g. Nigeria) have adopted the presidential system as their form of government. The Houses of Parliament are situated within the Palace of Westminster, in London. Contents 1 Characteristics 2 Operation 3 Role of the head of state 4 Cabinet government 5 Bicameral and unicameral parliaments 6 Criticisms 7 Ceremonies 8 Current countries 9 Former countries 10 See also 11 Notes 12 Bibliography 13 External links Characteristics A Westminster system of government may include some of the following features: a sovereign or head of state who functions as the nominal or legal and constitutional holder of executive power, and holds numerous reserve powers, but whose daily duties mainly consist of performing ceremonial functions...
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... But, despite this great variety, it is important to begin by emphasizing one great division: that into religious and secular legal systems. Each side of this split holds quite different views as to law, in its source, scope, sanctions, and function. The source of religious law is the deity, legislating through the prophets. Secular law is made by human beings, and one of its most famous examples begins with the words 'We, the people'. It follows from this difference in their source that religious laws are perceived to be eternal and immutable, while secular rules can be changed by their makers. Religious law tells people what to believe as well as how to behave, whereas secular law deals with our external actions as they affect others. In a religious legal system disputes are usually adjudicated by an officer of that religion, so the same person is both judge and priest. In a secular system, by contrast, the office of judge is separate, and is often reinforced by guarantees of judicial independence. A further difference lies in the enforcement of the laws: in a secular...
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...country not a President (Source: David Cameron, The Times, 5th October 2006) “The Cabinet is the committee at the centre of the British political system. Every Thursday during Parliament, Secretaries of State from all departments as well as other ministers meet in the Cabinet Room in Downing Street to discuss the big issues of the day. The Prime Minister chairs the meeting, selects its members and also recommends their appointment as ministers to the monarch. The present Cabinet has 23 members (21 MPs and two peers). The secretary of the Cabinet is responsible for preparing records of its discussions and decisions”. (Source: From a modern textbook) (a) What criticism is David Cameron making of Tony Blair’s style of decision making in source 1? [5] (b) Explain the main functions of the cabinet [10] (c) To what extent have UK Prime Ministers become “presidential”? [25] Or 2 QUESTION TWO THE JUDICIARY A powerful coalition of judges, senior lawyers and politicians has warned that the Government is undermining the civil liberties citizens...
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...CONSTITUTIONAL VALIDITY OF VARIOUS PROVISIONS OF THE HINDU SUCCESSION ACT,1956 INDEX: INTRODUCTION__________________________________________________________________ ARE PERSONAL LAWS REALLY LAWS? _______________________________________________ ARE PERSONAL LAWS SUBJECT TO PART III OF THE CONSTITUTION? _______________________ TYPES OF SUCCESSION___________________________________________________________ WHO IS A HINDU?_______________________________________________________________ BEFORE HINDU SUCCESSION ACT__________________________________________________ INTRODCUTION TO HINDU SUCCESSION ACT, 1956____________________________________ CONSTITUTIONAL VALIDITY OF: 2005 AMENDMENT…………………………………………………………………………………………………………………. SECTION 6, HSA………………………………………………………………………………………………………………………….. SECTION 7, HSA………………………………………………………………………………………………………………………………… SECTION 14, HSA…………………………………………………………………………………………………………………………….. SECTION 15 &16, HSA…………………………………………………………………………………………………………………….. OPINION_________________________________________________________________________ CONCLUSION______________________________________________________________________ INTRODUCTION: Through this paper, I want to analyse the constitutional validity of various provisions of the Hindu Succession act, 1956 , which is a personal law applicable to Hindu citizens of India. I have attempted to briefly explain how the flaws in the said act pose a constitutional challenge and have also tried arriving...
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...self esteem, throughout not only this project but also life in general. For if it weren’t for him, I would always been in vain fear of failure and giving up would have become an option. Lastly, I would like to thank my wide expanse of friends and peers, each a different colour and genre in personality and each from a different walk of life, because had I not had the good fortune of meeting all of them, my horizons would not have broadened so exponentially and my perspective would not have evolved. It was because of them, in times blue and green, my sense of humour and consequently theirs, still prevailed. Aman Raj Singh Table of Contents 1. Introduction..............................................(3) 2. What is tort ?...........................................(4) 3. History of tort law ...................................(5) 4. Introduction to English Tort Law.............(7) 5. Tort Law In India......................................(9) 6. Comparison between Indian and English tort laws..................................................................(11) 7. Recent development of tort law .................(12) 8.Conclusion....................................................(14) 9.Bibliography....................................................(15) INTRODUCTION The birth place of Law of Torts is England- Explain this statement. It has two main objectives. One is to offer compensation to the victims of civil wrongs...
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...NONE, ONE OR SEVERAL? PERSPECTIVES ON THE UK’S CONSTITUTION(S) DAVID FELDMAN* An inaugural lecture is the occasion when the University of Cambridge can look its gift horse in the mouth, weighing the new professor in the balance against his or her distinguished predecessors. The Rouse Ball Professorship of English Law has been held in the past by a long series of distinguished scholars, from Sir Percy Winfield to my immediate predecessor, Sir Jack Beatson whom we are delighted to welcome back today. Their work has influenced generations of lawyers. They certainly influenced me. Before I encountered Criminal Law: The General Part,1 a great little volume by Professor Glanville Williams, Learning the Law, was my ‘Guide, Philosopher and Friend’ (as it still says on the cover of the latest edition, now edited by my colleague Professor Tony Smith)2 as I approached the study of law. Another Rouse Ball Professor, the late Sir William Wade, had a formative effect on my understanding of land law and administrative law both through his famous books, Megarry and Wade on the Law of Real Property (now edited by a former Fellow of Downing College, Dr. Charles Harpum)3 and Administrative Law (now in the hands of my colleague Dr. Christopher Forsyth),4 not to mention the lectures that I attended as an undergraduate in (softly be it said) the University of Oxford. Two wonderfully stimulating and enjoyable books by the Emeritus Rouse Ball Professor and * Rouse Ball Professor of English Law in...
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...which questions to do, the following principles are recommended: It is almost certain that you will be better off choosing your strongest question to do first. You should choose questions on the basis of how well you can answer the section (c) part. The (c) part carries 25 of the 40 marks available for the whole answer. Do not choose a question simply because you can do part (a) especially well. The (a) question is only worth 5 marks. It would be illogical to choose your strongest (a) part if you cannot do well on section (c). If you cannot decide between several (c) parts, i.e. you can do more than one equally well, make your choice on the basis of part (b) which carries 10 marks. But remember, it is the (c) parts that will determine most what your overall mark will be. So, when you first look at the exam paper, look at the (c) sections first. Assessment Objectives Each question is divided into three sections, as follows: carries 5 marks carries 10 marks carries 25 marks The way you answer questions should be determined by the way assessment objectives are distributed. Assessment objectives provide the basis upon which examiners award marks. You need to be familiar with them to maximise your marks. They will help direct your revision and with the answers to the questions. A full explanation of...
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...A SPECIAL ISSUE ON INDIA The Uniform Civil Code Debate in Indian Law: New Developments and Changing Agenda By Werner Menski ∗ A. Introduction: What Happens if One Asks for the Moon? Postcolonial India’s modernist ambition to have a Uniform Civil Code, impressively written into Article 44 of the Indian Constitution of 1950 as a nonjusticiable Directive Principle of State Policy, concerns not just an Indian problem but a universal predicament for lawyers and legal systems. What is the relationship between personal status laws and general state-made laws? To what extent should the formal law allow for, or seek to restrain, the legal implications of religious and socio-cultural diversity? To what extent does a state, whether secular or not, actually have power and legitimacy to decree and enforce legal uniformity? There are many more agendas at play here than simply the central issue of legal authority, focused on the power of the law, or simply “religion” v. “law”, or “culture” v. “law”, as we are often still led to believe. I present here the recent developments in India’s law relating to the much-debated Uniform Civil Code agenda to illustrate that Indian law today increasingly turns its back on supposedly European or “Western” models, and has been developing its own country-specific and situation-sensitive methods of handling complex sociolegal issues. This may contain some important lessons for European lawyers, specifically in terms of managing cultural diversity through...
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...A SPECIAL ISSUE ON INDIA The Uniform Civil Code Debate in Indian Law: New Developments and Changing Agenda By Werner Menski ∗ A. Introduction: What Happens if One Asks for the Moon? Postcolonial India’s modernist ambition to have a Uniform Civil Code, impressively written into Article 44 of the Indian Constitution of 1950 as a nonjusticiable Directive Principle of State Policy, concerns not just an Indian problem but a universal predicament for lawyers and legal systems. What is the relationship between personal status laws and general state-made laws? To what extent should the formal law allow for, or seek to restrain, the legal implications of religious and socio-cultural diversity? To what extent does a state, whether secular or not, actually have power and legitimacy to decree and enforce legal uniformity? There are many more agendas at play here than simply the central issue of legal authority, focused on the power of the law, or simply “religion” v. “law”, or “culture” v. “law”, as we are often still led to believe. I present here the recent developments in India’s law relating to the much-debated Uniform Civil Code agenda to illustrate that Indian law today increasingly turns its back on supposedly European or “Western” models, and has been developing its own country-specific and situation-sensitive methods of handling complex sociolegal issues. This may contain some important lessons for European lawyers, specifically in terms of managing cultural diversity through...
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...Northern Consortium United Kingdom – Politics Past paper questions for June exam < Module 1 > Section A 1a What are the differences between Public Bills Committees and Select Committees? [5] Public Bills Committee is part of legislative process, whereas Select Committee is part of scrutiny process. In the former committee, the bill is examined by line by line to ensure that its wording and language is clear to allow any amendments on the bill. In the latter committee, there are two departments – governmental and non-governmental. They examine government departments’ expeditures , policies and policies. There are between 16 to 50 members in the PBC who are selected by Committee of Selection whose 7 out 9 members are ships. On the other hand, there are 11 members in the SCs and to eliminate “the conflict of interest, all the members are backbench members who are elected using the Alternative vote system. 2a What are the main functions of Parliament and how well does it perform them? [5] < This question is a 20-mark question > 3a What are the differences between direct and representative democracy? [5] In direct democracy, people are directly involved in decision-making processes, whereas in representative democracy, people elect MPs who will represent and form a government in Parliament. For instance, some qualified members of Athenian society were involved in decision-making and a referendum is a limited form of direct democracy. Also general elections...
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