Parliamentary Sovereignty free essay sample

When we talk about Parliament and parliamentary sovereignty what exactly do we mean? Firstly we must take the word Parliament to mean not the actual Houses of Parliament themselves but instead the Acts passed by Parliament with the consent of the Commons, Lords and the Queen. The doctrine of parliamentary sovereignty is about the relationship between those who create the Acts (Parliament) and those who must apply them (courts). The argument we find ourselves trying to answer is who in fact has the supreme power? Is it the law makers or those who must apply the law? To present an analogy of the problem we could ask who has supreme power in a game of football or rugby. Is it the governing body who make the rules or is it the referee who must apply the rules in each game using his discretion as each situation occurs. The analogy may seem crude but judges find themselves in the exact position of referees. We will write a custom essay sample on Parliamentary Sovereignty or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The question therefore remains, who is supreme? When Dicey published The Law of the Constitution in 1885 he identified parliamentary sovereignty as meaning that, Parliament has, under the English constitution, the right to make or unmake any law whatever; and further that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament. To look at this much quoted statement in more detail we can find a lot of evidence to support his view. It has been shown over the years that courts are totally unwilling to question the legitimacy of statutes unless there is some question as to them not being passed using the correct procedure. As long as an Act has passed through both Houses and received the Royal Assent judges will not argue whether or not a statute should or should not exist but will merely try to apply the statute. One of many examples of this is the case of Edinburgh Dalkeith Railway Co. v Wauchope (1842) 8 Cl F 710. In this case a man was appealing to the court against a private Act obtained by the railway company as it adversely affected him. The court however would have nothing to do with it and Lord Campbell pronounced, all that a court of justice can do is to look at the Parliamentary roll: if from that it should appear that a bill has passed both houses and received the Royal Assent, no court of justice can inquire into the mode in which it was introduced into Parliament, what was done to it previously being introduced, or what passed in Parliament during the various stages of its progress through both houses of Parliament. From this t is quite clear that courts will obey statutes as long as they are passed correctly but that ordinary courts have no jurisdiction, nor are they willing, to enquire into issues concerning the internal affairs of Parliament. This is known as the enrolled Act rule. It was again shown in the case of Ex Parte Canon Selwyn (1872) J. P. 54. and also was emphasised over a hundred years later in the case of Pickin v British Railways Board [1974] AC 763. This again concerned the plaintiff arguin g over the validity of a private Railways Act. Lord Reid reiterated the words of Lord Campbell in Edinburgh Dalkeith and stated in judgement, For a century or more both Parliament and the courts have been careful not to act so as to cause conflict between them. Any such investigations as the respondent seeks could easily lead to such a conflict, and I would only support it if compelled by clear authority. But it appears to me that the whole trend of authority for over a century is clearly against permitting any such investigation. Once again this shows the courts unwillingness to question the validity of an Act. Lord Morris also said in this case, It is the function of the courts to administer the laws which Parliament has enacted. In the process of Parliament there will be much consideration whether a bill should or should not in one form or another become an enactment. When an enactment is passed there is finality unless and until it is amended or repealed by Parliament. In the courts there may be argument as to the correct interpretation of the enactment: there must be none as to whether it should be on the statute book at all. Courts, it seems, may not even question an Act if it is contrary to international law. This was clearly demonstrated in the case of Cheyney v Conn [1968] 1 All ER 779. Here it was claimed that money from tax given under the Finance Act 1964 would be used in a way contrary to international law. The court however decided that it was not their duty to say whether the contents of the Act were just, merely it was their job to apply the Act, irrespective of fairness or j ustice. A similar case was that of R v Jordan [1967] Crim L. R. 483. This was an appeal against the Race Relations Act 1965 on the grounds that it was an infringement on freedom of speech. Again this failed as the judges were unwilling to question the validity of the Act. One final case which is worth mentioning is that of Manuel v AG [1982] 3 All ER 786,822. Here Canadian Indian chiefs tried to declare the Canada Act 1982 invalid. They argued that although it claimed to have consulted the people of Canada it had not consulted them and therefore should not have been passed. The Court of Appeal held that there was nothing they could do once the Act was passed, it was too late. Megarry V-C said that, the duty of the court is to obey and apply every Act of Parliament, and the court cannot hold any such Act to be ultra vires. This would suggest that the courts will not get involved even if Parliament has not done all it should have done in passing an Act. As long as the necessary assents have been given, or even appear to have been given, the courts will not investigate matters further. From all this it is apparent that the courts and parliament both realise that they have specific jobs to do and prefer to get on with doing those jobs. Neither like to try to interfere with what the other is doing. Courts see their role, to go back to the sporting analogy, as being referees who must apply the rules. However they do not question the validity or logic of such rules, not publicly anyway. If, for example, the government passed a rule to say that no house in England would be allowed a garden shed then the courts would obey such a rule, however futile it may be or whatever international laws it may break. Their job is not to question, merely to apply. I will look at this role more closely towards the end of the essay. It has therefore been established that Diceys doctrine of parliamentary sovereignty is, in theory, true. Parliament, it seems, can make or unmake any law it wishes and no person or body can set aside or override such legislation. However whether this is actually true in practice remains to be seen. Although UK courts are bound to obey UK statutes regardless of how fair, just or practical they are, judges do have a certain flexibility in interpreting them. It is their job not only to apply the statutes but also to give their interpretation as to what parliament hoped to achieve by such a statute. They may interpret a statute strictly if they feel this is necessary, or if it is worded in such a way that makes ambiguity impossible, or they may allow a statute a wide interpretation, often as they may feel strict application may not be just in a specific case. Judges may very possibly interpret a statute to mean one thing in one case and something completely opposite in another case but at all times must remember their duty to act lawfully. In his book Constitutional and Administrative Law John Alder gives the example of a judge who interpreted a statute imposing a prison sentence as authorising hanging would simply be acting unlawfully. What the judge may do is use his discretion as to the length of the prison sentence but not as to alternative punishments. Going back to the sporting analogy if a footballer wastes time over a throw-in the referee may warn him, give a throw-in or free kick to the opposite side and/or give the offending player a yellow card. However the referee is not authorised to send the player off in a situation such as this and in doing so he would be acting unlawfully and would be subject to disciplinary charges from the governing body. So we see that judges although allowed to offer their own, sometimes biased, interpretation they may not act outside the laws laid down by Parliament. Often the power given to judges to interpret statutes can work in favour of Parliament. It is obviously difficult for Parliament to foresee all situations that may arise when they formulate an Act. In view of this it is often useful for Parliament to word Acts in such an ambiguous way that they can be given a wide interpretation by judges according to the different circumstances of each incident that may arise. In his article The Sovereignty of Parliament-in Perpetuity? A. W. Bradley points out, once the political decision has been taken to make a change in social or economic policy, and this decision has been expressed in legislation, it is for the judges to decide authoritatively on the extent of the new rights and duties which that legislation creates. In this respect, the courts have an essential part to play in ensuring the government is conducted according to law. What Bradley is saying here is that the creation of new legislation is almost a joint venture between Parliament and the courts. Parliament, to use another analogy, lay the foundations of the building and construct the basic brickwork and it is left to the courts to finish off the finer details and provide the fixtures and fittings. This seems to me to be a just way of making and applying the law. Although courts are not authorised to set aside primary legislation they can do so with delegated legislation. One of the reasons for enacting delegated legislation is that it saves Parliament time and allows for a change in such rules quickly and without going through the complex parliamentary process. Courts are allowed to challenge delegated legislation as ultra vires if it exceeds the scope of authority confirmed by primary legislation or if the correct procedures have not been followed. In the case of Hoffman La Roche v Secretary of State for Trade and Industry [1974] 2 All ER 1128 Lord Diplock said, in constitutional law a clear distinction can be drawn between an Act of Parliament and subordinate legislation I entertain no doubt that the courts have jurisdiction to declare [subordinate legislation] to be invalid if they are satisfied that in making it the minister who did so acted out with the legislative powers conferred on him ; and this is so whether the order is ultra vires by reason of its contents (patent defects) or by reason of defects in the procedure followed prior to it being made (latent defects) This trust placed in the courts by Parliament clearly shows the importance placed in the courts concerning legislative matters. Finally I feel it necessary to give a brief mention to the question of Europe on this matter. Since England joined the European Community in 1972 there have been a number of cases in which English statutes have conflicted with those from Europe. In these cases the judges have once again used their powers of interpretation and have often construed an English statute to confirm with an EC statute. For the most part English judges have no wish to clash with the Europeans and so try to pass judgement accordingly. The cases of Garland v British Rail Engineering Ltd [1983] 2 AC 751 and Pickstone v Freemans plc AC 66 show clearly how judges apply a purposive interpretation to English statutes to make them conform. It is unclear however what would happen if Parliament enacted a statute in direct conflict to European laws. Although this is unlikely to happen on political grounds it seems English judges would be bound to apply a conflicting UK statute irrespective of European laws. Therefore to conclude it would seem that Parliamentary sovereignty is not a question of being more about the courts than about Parliament, or vice versa, it is about the two bodies working together to try and apply the law fairly. It is true however that when we talk about Parliamentary sovereignty we are not talking about Parliament having complete control as the courts do hold a certain amount of power. I have shown the powers they have in interpreting statutes and their vital importance in the application of law. It would be completely wrong to think that the judicial system is a puppet under the operation of Parliament as this puppet, as I have shown, has very much a mind of its own. Whether the courts should have more or less power is a difficult question. If they had less power we might be in danger of losing the flexibility in our judicial system, if they had more, i. e. they could override statutes, we may be faced with great inconsistencies. It seems that English courts whilst being allowed a certain amount of flexibility are still ultimately answerable to Parliament, however this seems to be more through choice than obligation.

A Lantern in her Hand essays

A Lantern in her Hand essays Abby and Will Deal and their son Mack moved from their long-time home in Blackhawk County to their new prarie home in Platsmouth, Nebraska. At their new home the prairies rolled on for as far as the eye could see. Whip-like grass, that was waist high, waved across the prairie like a rolling ocean. The sounds of coyotes and wolves rang all arround you like music. The dirt was as black and rich as oil, quite ideal for farming. The little soddie (a house made from sod) was a nice temporary home for the family. It was made from strips of sod that Will cut from the ground himself, and then was covered by a thick layer of mud. The furniture in side the house was also made of sod, and then covered with quilts. There was a little, shallow river that ran by their home. That is where Abby got the water from until Will could get the well dug. It sounds On conflict that happens early in the book is when Abbys mother loses her mansion. Well let me begin form the beginning of the conflict. Abbys dad came from a very welthy family, and her mom came from a phesent family. Her mom was a beautiful Irish peasant. They fell in love and his family had to learn to accept that peasant which their son had fell in love with. His family never accepted the idea that their son had fallen in love with and peasant. when his parents died they left the mansion to abbeys father. a short while before Abby was born her dad took a pleasure trip to New York, and signed a paper for a man and lost everything back in Scotland. Abbys mother tried to get their horses but had to bid on everything that they got out of the house. so therefore her poor mother and grandmother had to come up with money they didnt have, so that Abbys mother could get some memmories of their past life. The message that the author is trying to get across to the reader is th ...

Acesite Corporation vs. Nlrc

* Gonzales took several leaves (sick leave, emergency leave, and vacation leave), thereby using up all leaves that he was entitled for the year. * Before the expiration of his 12-day vacation leave, Gonzales filed an application for emergency leave for 10 days commencing on April 30 up to May 13, 1998. The application was not, however, approved. * He received a telegram informing him of the disapproval and asking him to report back for work on April 30, 1998. However Gonzales did not report for work on the said date. * On May 5, 1998, Acesite sent him a final telegram in his provincial address containing in order for Gonzales to report back to work. * Gonzales, who claims to have received the May 5, 1998 telegram only in the afternoon of May 7, 1998, immediately repaired back to Manila on May 8, 1998 only to be â€Å"humiliatingly and ignominiously barred by the guard (a subordinate of [Gonzales]) from entering the premises. * It appears that on May 7, 1998, the issued notice of termination was thru an inter-office memo. * Gonzales thus filed on May 27, 1998 a complaint against Acesite for illegal dismissal with prayer for reinstatement and payment of full backwages, etc. * Acesite claims, Gonzales â€Å"showed no respect for the lawful orders for him to report back to work and repeatedly ignored all telegrams sent to him,† and it merely exercised its legal right to dismiss him under the House Code of Discipline. LA – the c omplaint for lack of merit, its holding that Gonzales was dismissed for just cause and was not denied of due process. * NLRC – reversed that of the Labor Arbiter. * CA – finding that Gonzales was illegally dismissed, affirmed with modification the NLRC decision. Issue: * WON Gonzales was legally dismissed for just cause. Held: * No. there appears to have been no just cause to dismiss Gonzales from employment. As correctly ruled by the Court of Appeals, Gonzales cannot be considered to have willfully disobeyed his employer. Willful disobedience entails the concurrence of at least two (2) requisites: the employee’s assailed conduct has been willful or intentional, the willfulness being characterized by a â€Å"wrongful and perverse attitude;† and the order violated must have been reasonable, lawful, made known to the employee and must pertain to the duties which he had been engaged to discharge. In Gonzales’ case, his assailed conduct has not been shown to have been characterized by a perverse attitude, hence, the first requisite is wanting. His receipt of the telegram disapproving his application for emergency leave starting April 30, 1998 has not been shown. And it cannot be said that he disobeyed the May 5, 1998 telegram since he received it only on May 7, 1998. On the contrary, that he immediately hied back to Manila upon receipt thereof negates a perverse attitude.

Common Inspection Framework Essay Example | Topics and Well Written Essays - 3000 words

Common Inspection Framework - Essay Example In conclusion and summary I will suggest how this framework has helped improve or consolidate standards within the educational system and what other features could be incorporated within the framework for future improvement of educational standards. In the process I will discuss whether the framework is essentially a hindrance or is an asset to the educational system. Policy- Common Inspection Framework: The Common Inspection Framework has been introduced by the government and department of education to check and improve the quality and standards of education and to provide insights on the educational system in matters related to training and financial resources. Inspection of educational system helps to understand how the system is working and is almost essential for providing regular appraisals of workings and functioning of the system. According to the Common Inspection Framework, the main purposes of inspection are to: (from Common Inspection Framework, ALI and Ofsted, 2001) - give an independent public account of the quality of education and training, the standards achieved and the efficiency with which resources are managed - help bring about improvement by identifying strengths and weaknesses and highlighting good practice - keep the Secretary of State, the Learning and Skills Council for England and the Employment Service informed about the quality and standards of education and training - promote a culture of self-assessment among providers, leading to continuous improvement or maintenance of very high quality and standards. (from Common Inspection Framework, ALI and Ofsted, 2001) The three main purposes of inspection are thus to give an account of... This discussion stresses that the policy and its establishment, the connections of the policy with college education and the brief literature review that should be aimed during the search process for this article are discussed in the introductory stage of the analysis. The policy is then described and the changes made to date as well as the policy as it now stands are considered in the initial part of the discussion showing how the policy differs at present from its original version. The differences within the policy as seen in its earlier version and present version are studied to provide a better understanding of the meaning and influence of all aspects of the policy within education.From this paper it is clear that the three main purposes of inspection are thus to give an account of the quality of education followed, to identify strengths and weaknesses of educational systems and show room for improvement, and to promote self assessment and higher standards within the educational settings. Inspection seem to be generally associated with the results of what has been evaluated and how the findings are presented and also hw inspections are carried out. The key questions delineated by the Common Inspection Framework are the following.  The Common Inspection Framework helps in evaluating how efficient or effective the provisions and related services are in meeting all of learner’s needs and also suggests the steps that have to be taken to improve the learning provisions provided.  

Skull identitation Essay Example | Topics and Well Written Essays - 500 words

Skull identitation - Essay Example In addition, the observed physical characteristics on the frontal view and the profile views were also taken into consideration. For instance, the jaws and other features present in these different skulls. This skull exhibits large supraorbital height index of approximately71 uv/tv. This almost matches the supraorbital size of Australopithecus africanus skull and Neanderthal skulls that are 70uv/tv and 70uv/tv respectively. An analysis on the nuchal ridge area was also taken it had a height of 39tw/tv. A comparison was then drawn with regard to the known varieties; there was closeness with the nuchal skull of Australopithecus africanus and Neanderthal that had a nuchal area of 38tw/tv and 37tw/tv respectively. A further measurement was done on the condylar position on the skull. It was found out that the condylar position index was 44xy/xz. When this was compared with known varieties of skulls; there was an exact match with the condylar index of Australopithecus africanus that was also 44xy/xz. To ascertain the identity of this skull, a further analysis was done and the physical characteristics of the skull and different traits were observed. The canine teeth were relatively smaller and the shape of the jaw was fully parabolic. These characteristic were shared with the skull of Australopithecus africanus. In general, this skull is possibly a skull of Australopithecus africanus The results revealed that the supraorbital height index of this skull is 66uv/tv which was relatively smaller compared to the first skull (Elbroch, 2006). Although, this exactly matches supraorbital size of Homo sapiens skull that is also 66uv/tv. Another study on the nuchal area height was also conducted and gave a height of 18tw/tv. It was observed that it was also smaller in size compared to that of the first skull but was closer to that of Australopithecus robustus. A

Niccolo Machiavelli Essay Example for Free

Niccolo Machiavelli Essay Niccolo Machiavelli was a political philosopher of the Renaissance. He lived from 1496-1527. Niccolo Machiavelli was also a very famous painter in his time. He painted many famous paintings that are seen in museums, books, and many other places. He was also involved in government throughout his life. Niccolo Machiavelli was a painter, political philosopher, Italian historian, an statesman for influenced many political leaders in Europe. Niccolo Machiavelli led a very political life. In 1494, Niccolo Machiavelli became an important diplomat. He spent most of his time over the years writing history, political philosophy, and plays. The Renaissance was a time of political conflict. Niccolo took part in diplomatic missions through France, Germany, and Italy. In later years, he was forced to retirement of the political business. Machiavelli was known as the â€Å"father of modern political theory†. Niccolo Machiavelli had many political writings. Many of Machiavelli’s writings reflected political issues. He wrote about the world around him and his life in the Renaissance. He witnessed many changes in the environment and wrote about them. Niccolo Machiavelli wrote one political treatise titled The Prince. The Prince was written during a time of tragedy in the Renaissance. Many things Machiavelli wrote about had to deal with politics and violence. The Prince was written in 1513. Although it was written then, it was published however until 1532 and Machiavelli’s death. The theme of this book is about preservation of authority and the establishment of it. Because of The Prince, Machiavelli is considered one of the greatest early modern analyzers of the political power. In 1498, Machiavelli served as a civil servant in Florence. Later in 1512, Machiavelli was imprisoned and the republic failed. Machiavelli had many jobs over his lifetime. He was the head of the second chancery in 1498. Niccolo was also the secretary of council and he studied political tactics. He also studied the strength of a nation with only one prince. In 1509, Machiavelli led a small army to free Pisa. Later in his life, for 5 years he worked as a historiographer. Niccolo Machiavelli had hard times in his life. He lost his place in politics and very much wanted it back. When he wrote The Prince, he wrote it to try and regain favoritism by Medici. In the end, Medici didn’t agree with what Machiavelli said in The Prince and ended up rejecting Machiavelli’s proposal to have that job back. Machiavelli also wrote a book titled â€Å"Discourses On Livy†. The book was on Machiavelli’s full political philosophy. Niccolo also wrote a biography on the Life of Castruccio Castracani. He wrote many plays and also many poems. His most famous poem was The Mandrake. The Mandrake was written in 1524. Machiavelli also wrote the History of Florence in 1525. The History of Florence tells about chronicles of the city. Machiavelli also wrote the Art of the War in 1521. That book describes mercenary troops and their lives. Niccolo Machiavelli was a very productive leader. Over all of his tragedies that happened in his life, he still overcame all of it. He worked very hard producing plays that have become very famous over the years. He wrote The Prince, which is a very well populated piece today. Not only did Machiavelli produce plays but he also wrote poems and biographies for people. Many of his quotes that he resighted in The Prince are still remembered today and used greatly. He was also a very significant political leader and went very far in government.

The It Girl - Clara Bow :: essays research papers

The It Girl – Clara Bow   Ã‚  Ã‚  Ã‚  Ã‚  Imagine it – all the rules you were raised to follow, all the beliefs and norms, everything conventional, shattered. Now imagine It – Clara Bow, the It Girl. The epitome of the avant-garde woman, the archetype of the flapper, was America’s new, young movie actress of the 1920’s. Modern women of the day took heed to Bow’s fresh style and, in turn, yielded danger to the conventional America. Yet Bow’s contagious and popular attitude came with its weaknesses - dealing with fame and the motion picture industry in the 1920’s. Despite this ultimate downfall, Clara’s flair reformed the youth and motion pictures of her time.   Ã‚  Ã‚  Ã‚  Ã‚  Dubbed by Fitzgerald as â€Å"the quintessence of what the term ‘flapper’ signifies,† Clara Bow served as the model for all flappers. A flapper was the new woman; attractive, sassy, â€Å"worldly-wise, and briefly clad.† The flapper took on an impish and tomboyish, at lead for their time, attitude. They danced on tables, rendering the recklessness of the new youth. But modern women proved to be a danger for the conventionalism of America. They influenced the change on women’s rights, what was considered moral, and what was considered appropriate for women. These issues had previously been for making a timid woman; upon the coming of the modern woman, these issues made for a modernist female.   Ã‚  Ã‚  Ã‚  Ã‚  Clara Bow’s fame did not leave her nature tainted, in a sense. She did not become spoiled or uppity. She remained rather self-less and ignorant to fame and those in its power. Her impudent attitude never faltered; she continued to live as the â€Å"chewing-gum-smacking eight-grade drop-out kid,† unaware of convention. Hey psychological welfare, though, was greatly affected. She was institutionalized, slit her wrists and throat, and eventually became the embodiment of an actress-gone-bad; booze, men, gambling, drugs, and insomnia.   Ã‚  Ã‚  Ã‚  Ã‚  Clara’s experience with the motion picture industry gives us a picture of what it was like in the 1920’s. It was new and intriguing, enticing and corrupt. The motion picture industry underpaid Bow, which is almost inconceivable today. The environment of Hollywood now pays actors and actresses corpulent amounts of money...but that may be the only change. The â€Å"star-maker† environment is still as enticing and corrupt as yesterday’s.