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University Degree: Public Law

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  1. UK central government has lost is power upwards to the European Union and other international organisations, and downwards to more localised institutions. This represents a major challenge to established means of constitutional accountabilit

    Parliament, the courts and the media all play crucial roles in keeping Government in check. The Courts ensure legal accountability. By means of judicial review, the courts can prevent, to use Lord Diplock's terminology, "illegality", "irrationality" and "procedural impropriety"2 in legislation. Parliament, together with the massive influence of the media, ensures accountability by political means. Tomkins explains that: "It is fundamental to English public law that the Crown's government may continue in office only for so long as it enjoys majority support in the House of Commons. As soon as such support is withdrawn the Government must either resign or seek immediate dissolution of Parliament..."3 Parliament's role in ensuring accountability is far wider reaching however than a simple popularity contest, it ensures a continuing scrutiny of Government's work, and theoretically, of individual minister's work.

    • Word count: 2729
  2. Public law and Administration problem question

    Plughole Bank Plc. seeks advice on the refusal of the Chancellor to grant a licence in its case. A letter from the Chancellor has informed the bank that he deems it 'unfit' to hold such a licence. The bank has requested further reasons for the refusal of the licence and a hearing of its case, both of which have been refused. Furthermore, the Chancellor has made it clear that there is no appeal against his decision. Confidence in the bank has been shaken as a result of the refusal of a licence, and this has had a significant impact on its business.

    • Word count: 4107
  3. Public Law

    The most important conventions are that the Crown must exercise its constitutional powers only in accordance with the advice of the ministers but in particular the Prime Minister who collectively command the support of a majority of the House of Commons. There are no single reason why convention should be observed but a for an example, there is a convention that the Crown should appoint the leader of the party with majority of seat in the House of Commons who then is entitled to become the next Prime Minister.

    • Word count: 771
  4. Critically review the following: (1) internal reviews and tribunals, (2) Internal complaints mechanisms and ombusmen, (3) regulation inside government

    One method for checking administrative decision making is through the use of tribunals. Largely emanating from the development of the Welfare State, the original function of the tribunal service was to resolve disputes that would otherwise go to the courts. An important advantage of the tribunal is its specialised nature, as many members of the panel will be experts on the subject matter they are reviwing. Although considered a viable court alternative, there are several limits to their effectiveness. This is apparent from a report by the Franks Committee in 19572, in which tribunals came under review for the first time.

    • Word count: 2285
  5. Critically analyse if the European Convention on Human Rights and Fundamental Freedoms protect citizens(TM) rights in the UK.

    In 1950 the ECHR was formulated with the purpose of protecting the human rights of all the people in the member states of the Council of Europe, which was formed following World War Two. Even though the UK played the largest part in writing the convention, and was the first to sign, it did not come into force in the UK until 2nd October 2000, when the Human Rights Act2 (HRA) incorporated the ECHR into domestic law3. Previous to this the UK did not amalgamate the ECHR because it was believed that the English Common Law which protected civil liberties was sufficient.

    • Word count: 2878
  6. The Role of The Monarchy

    The Queen also holds official roles in the Armed Forces and the Church of England. The Queen is the Head of the Church as British monarchs have been since the Church of England was founded. This official title comes with the power to appoint archbishops and bishops. "Many ceremonies are part of The Queen's formal duties as Sovereign, representing the State and providing continuity with many centuries of tradition."1 The Queen makes several trips overseas each year in fulfilling her role, overseas trips are a great way to strength friendships and economic ties with other countries across the world.

    • Word count: 2618
  7. Features of a constitution whether written or unwritten, and whether underlying values are better protected in the UK with a written constitution.

    For example In R v Secretary of State for the Home Department ex parte Pierson (1998) Lord Steyn ruled that the government had gone beyond its power, as it was not able to retrospectively increase the level of punishment of an already convicted man[THJ3]. Strictly speaking it is the rule of law that unites the whole of the state, no one is above the law, neither government, nor its citizens nor the judiciary. A.V.Dicey also described it as "equality before the law" a citizen can only be punished for a distinct breach of the law not the arbitrary behaviour of authorities.

    • Word count: 1754
  8. The Advantages and Legal Issues of the One Spot Two Examinations System

    Until now, the one spot two examinations system is only used by Shenzhen Bay Port. This port was first used on 1 July 2007, connecting Hong Kong with Mainland by the Shenzhen Bay Bridge. This port had been discussed for a long time before it was used, however, since a lot of issues of the one spot two examination system, most of them were about the jurisdiction of the port area, cannot be solved, its construction had been delayed. Fortunately, these issues were solved by the decision of Standing Committee of National People's Congress which was adopted at the twenty fourth meeting of NPCSC on 31 October 2006.

    • Word count: 4512
  9. the principles in the case of Ridge Vs Baldwin

    They must deal with the question referred to them without bias, and they must give each of the parties the opportunity of adequately presenting the case made. The decision must be come to in the spirit and with the sense of responsibility of a tribunal whose duty it is to mete out justice." Later in the development of common law these principles came to be applied also to the decisions of administrative bodies acting judicially whereby the royal courts exercised a supervisory jurisdiction over them, primarily by means of the former prerogative writs.

    • Word count: 1210
  10. 'The enactment of a codified constitution would transform the British system of government.' Discuss

    However, the extent of the transformation is reliant on other issues, such as justiciability and entrenchment. Another influential factor is that of reform, for if the enactment was simply a consolidation of our current arrangements, the transformation would be somewhat limited when compared to a constitution that aimed to reform the system.10 Although it is beyond the scope of this essay to debate what the constitution should fundamentally be, several authors have completed this task.11 It would make sense to adopt one of these models, as issues such as justiciability, entrenchment and content will have been decided.

    • Word count: 4472
  11. Labour law of Uzbekistan: part-time workers

    working time.2 In response to such a parallel, Sirovatskaya argues that reduction of the working time is closely geared to certain circumstances. Specifically, following the view described in her book, such a position of the labour legislation vis-�-vis an employee entails several interpretations. Primarily, in some cases legal reduction of the working time prevents the healthiness, life and employee's ability to work. Amongst other elucidations is the assertion that during such a legally reduced time the public acquires from a worker the required unit of labour.3 Legislation scrutinized: part-time employees Notably, the kernel of labour legislation in Uzbekistan, the Labour Code, succinctly alludes to the theme of part-time workers in article 119.

    • Word count: 4067
  12. Non-fulfillment of tax obligation by taxpayers

    Surprisingly, if one tries to borrow from the legislation a working definition of a taxpayer, one sees that the present legal framework has no comfortable, tidy receptacle for such a notion. Traditionally, it is implicitly enunciated that inextricable taxpayers are ipso facto legal and natural entities that are obliged to pay taxes and other compulsory payments in accordance with the tax legislation of Uzbekistan.2 Meanwhile, there are certain other subjects that partake in tax relations and have an impact on the issue of taxpayers' liability for non-payment of taxes,3 e.g.

    • Word count: 2566
  13. Adminstrative Assignment

    (a)Firstly a public authority's powers must be exercised consistent with the conferring statute. The exercise of power will be unlawful where the decisions maker takes in to account factors in law which are irrelevant or leaves matters which are relevant. The SRA sets up an advisory committee that will provide recommendations in the process of franchising. The key question is, does the SRA follow the considerations of the committee and take it into account when making decisions? it seems that the SRA does follow the relevant recommendations in awarding the franchise.

    • Word count: 1373
  14. Rule of Law

    Thus, today, the law is viewed to be supreme was the common law and statute law which is to say the whole of English law.6 The important effect of the doctrine was to prevent any arbitrary action of the Crown in person, which is to say the Monarch or indeed, of members of the Government acting as servants of the Crown. Broadly, therefore, today the Rule of Law is the principle that the process of government is bound up with the law and that the law is supreme.

    • Word count: 3968
  15. Would or should our courts give effect to an Act of Parliament passed by the House of Commons alone with Royal Assent under the Parliament Acts 1911 and 1949 which abolished the House of Lords or judicial review?

    On this question Lord Steyn commented that 'strict legalism' suggested that it is possible to claim that the Parliament Acts may be used to abolish the House of Lords. But he added that he was: 'deeply troubled about assenting to the validity of such an exorbitant assertion of government power in our bi-cameral system. It may be that such an issue would test the relative merits of strict legalism and constitutional legal principle in the courts at the most fundamental level.'5 It is apparent from the judgements of the Law Lords that question of whether the House of Lords could

    • Word count: 1878
  16. The significance of the parliament acts 1911 and 1949 for the principle of parliamentary supremacy and the question of what constitutes a valid act

    Also placing emphasis upon the case of Jackson and Others v Attorney General.1Which is on any outlook a case of major constitutional significance in the sphere of Parliament's sovereignty in the light of the decision of the House of Lords in the above case which considered the question of whether the Parliament Act 1949 and the Hunting Act were valid Acts of Parliament? Constitutional Law is the fountain head from which other laws flow and drive validity, it can be deemed as a force of power which controls the use of power demonstrated by the Executive.

    • Word count: 2642
  17. Human Rights

    Because a public authority is difficult to determine, the courts will have to decide on it since there is no definition provided by HRA. There are effectively 3 types of body for the purposes of the Act: o Wholly public bodies (e.g. government departments, local authorities, police, prison service) o Those expressly referred to in section 6(3) (a) - 'court or tribunal'. o Hybrid bodies Hybrid bodies will not be treated as public bodies for the purposes of the HRA if "the nature of the act is private".

    • Word count: 2322
  18. Is Dicey(TM)s View of Parliamentary Sovereignty still valid in the UK in 2005?

    An Act of the Legislature is superior in authority to any court of law." In contrast, Dicey says, sovereignty is 'limited on every side by the possibility of popular resistance'1. This view is a living instrument because we live in a democratic society. The purpose of the government is to serve for the people. As we elect them, Parliament's power is limited. It does not necessarily mean that parliament has absolute power to legislate but has intrinsic and extrinsic limits of power.

    • Word count: 1439
  19. Council of Ministers

    This strengthened the council with more intergovernmental elements in the three pillar system. Due to the rise in the power of Parliament, the council has not actually lost any power but gained more of an ever growing conflicting relationship with Parliament who oppose many of the council's wishes. The main job of the council is to act as a legislature or co-legislature depending on the issue being proposed. The commission sends proposals to both Parliament and to the Council, they then send amendments to the council, who can either adopt the text with the amendments or send back a common position.

    • Word count: 1444
  20. Estado de Derecho

    El Registro Civil Una definici�n espec�fica como tal no se encuentra ni en la Constituci�n ni en el C�digo Electoral, sin embargo se puede decir de una manera muy simple que "el Registro Civil es un organismo administrativo o servicio p�blico, encargado de dejar constancia de los hechos o actos relativos al estado civil de las personas naturales, as� como otros que las leyes le encomienden".4 Adem�s en la Constituci�n Pol�tica se se�ala que es una dependencia del Tribunal Supremo de Elecciones.

    • Word count: 4817
  21. To what extent are conventions a recognised source of the British Constitution?

    It also has an unbroken history development dating from 1066. It is also necessary to understand issues such as, the conventions as a recognised source of the British Constitution. Constitutional conventions may not have a legal force, except those which have been given effect by statute (for instance, the Parliament Acts 1911-49, but someone can say that convention are as much, or even more important than legal rules. There is not a clear definition of what are the British constitution conventions are but it can be said that they regulate in particular the exercise of the Royal Prerogative, the workings of the Cabinet system, the proceedings of Parliament including relations between the two Houses, the independence of the judiciary and the framework within which the Civil Service operates.

    • Word count: 1577
  22. Public Law divide and Judicial Review

    In the English law, order 53 Sect 31 (2) invokes the reference "having regard to". This shows an expansion of bodies classifiable as "Public", and against whom relief is now possible. The addition of lord Diplock's emphasis upon the commencement of Judicial review under the guideline of "When it is just and convenient" leaves a large scope under which it is now possible to utilise the new system in lieu of the former system. Lord Diplock does infer his preference of section 21 of the Supreme Court act 1981, which came into force on Jan 1st 1982, stating that it "Is a higher force than order 53, 1977" He also takes heed to point out Section 31(3)

    • Word count: 3864
  23. Is the ultra-vires doctrine the best justification for judicial review?

    It has been described by Sir William Wade as "the central principle of administrative law".2 However, it has, in recent times been called a "fairytale"3 or a "fig-leaf"4. The direct Latin translation of the phrase is 'beyond' (ultra) 'strength' (vires). In legal terms, ultra vires is used to define a situation whereby a party transcends the authority in a manner that exceeds the powers granted by law. If a body exercising statutory powers went beyond the 'four corners' of the Act then the courts could intervene.

    • Word count: 1510
  24. Smoking is not a Right

    We need someone or something to force us stop smoking. It would be nice." However, nearly none of them think that it may be possible to ban smoking in Turkey right now. Maybe this idea of "impossibility" is their reason to continue smoking because this is human nature to behave as if bad things doesn't happen to him/her. Is it normal to behave according to our instincts like our anchestors did in the prehistorical ages?

    • Word count: 494
  25. Legitimate expectations:

    Judgment: Following the case of Attorney General v. Ng Yuen Shiu, the judge held that the detention was unlawful because the applicants had a legitimate expectation of being consulted before a decision was made concerning their future. This legitimate expectation arose as a result of the clear and unequivocal promise given by the government to the applicants that their boat would be repaired and that they would be free to leave Hong Kong. The judge pointed out that there could have been other means of getting them to Japan such as enlisting the help of some voluntary or refugee organization.

    • Word count: 1997

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