Public law - Acts of parliament
Public law course work Acts of parliament are considered to be the highest form of law in England. The reason for this is constitutional. Under England's unwritten constitution, parliament is seen as sovereign. As a result, its enacted will, in the form of Acts of parliament, cannot be challenged in the courts. However, in practice there are legal, political and moral limitations on this sovereignty, which will be discussed in some detail in the following pages. An act of parliament is to be always obeyed, even if the act conflicts with common law [Burmah oil Co v Lord Advocate {1965} A.C 75]. Here, the H.L held that where private property was taken or destroyed under the royal prerogative, the owner was entitled at common law to compensation from the crown. However, parliament reversed this decision by enacting the War Damages Act 1965. It provided that no person should be entitled at common law to receive compensation in respect of damage to or destruction of property caused by lawful acts of the crown during the outbreak of a war in which the sovereign is engaged. As a result of this act, Burmah Oil was no longer entitled to compensation, which would have been its common law right. It is now recognised that it is only the Acts of Parliaments that have legal sovereignty. The court will not allow a mere resolution of the House of Commons. Parliament does have
Roles in police service
Roles in police service In the police service there are many different jobs such as the police officer, special constable and administrative officer. All of the roles in the police service work and support each other and each role would have to be treated equally important as the other for the police service to have an effective service. When a police officer attends a scene of crime they would have to firstly record the offence on a 'crime report'. The crime report is used by the police to record all the investigation details. The crime report would help later on in the investigation to follow up what has happened so far and also what further actions need to be taken. After the crime report the police officer would have to carry out any enquiries at the scene to help identify the offender. This concludes of witness statements, security camera videos. Once a suspect has been identified the police officers at the scene will arrest and interview the suspect. However if a suspect hasn't been identified and further enquiries may lead to an arrest then the decision is made as to who will continue the investigation. Usually it is the attending officer but some offences are dealt with by other police departments (such as detectives for serious crime like murder, child abuse officers for child crimes etc) Police officers that choose to remain as patrol constables have the role of
Human Rights - Asylum Seekers.
Human Rights- Asylum Seekers Human rights are concepts relating to human dignity and rights of individuals that are argued to be intrinsic to each human. These rights are enforceable when the legal system recognises the right in some legal form; frequently they are not recognised in practise. The most recognised document today discussing human rights is the Universal Declaration of Human Rights which was created by the United Nations. The wide acceptance of this declaration suggests that it may be considered part of International Customary Law. Asylum means the power of a state to grant shelter and protection to refugees many of whom may have experienced political persecution. In recent times asylum seeking in Australia is a major political issue. International human rights have been developed over many hundreds of years through customary international law and more recently, multilateral treaties and conventions developed specifically to address human right issues. There are several categories regarding human rights these are: > Civil and political rights > Economic, social and cultural rights > Environmental and peace rights > Right to self determination Civil and Political rights are rights that refer to the integrity of a person, both physically and as a member of the community. The International Covenant on Civil and Political Rights lists twenty-one articles
Discuss the effect U.K membership of the E.U has had on English law.
Discuss the effect U.K membership of the E.U has had on English law. We have already seen that Britain's entry into the European Treaty's has invoked huge reform. (British) Parliament must now legislate in conjunction with EU law, Acts and Laws already in existence must be interpreted to conform to EU Law and the State has to ensure that all EU law is transposed and implemented accurately. This puts a huge strain on the Courts whilst ruling, thus making a mockery of Precedent as any case incorporating EU legislation can only be considered using the purposive approach, in order that EU directive can be met. So then, has Britain reserved its sovereignty as promised? As a result of joining the EU English law has seen the introduction of EU primary legislation i.e. treaties, e.g. the treaty of Rome. It has also signalled the introduction of secondary legislation, which includes regulations, directives, decisions and recommendations and opinions. The introduction of treaties and directives etc has prompted an increase in the force and quantity of human rights law in England, but some say for the cost of parliamentary sovereignty in the UK. This has lead many to believe in the so-called 'Eurocrats' trying to govern the whole of Europe without any consultation of it's member states. EU secondary legislation has many different levels, which allows for the correct weight to be
The distinction between having a tenancy and a simple permission to enter premises known under English law as a licence; is defined by the case of Street v Mountford. This case sets out the requisite, which is required in order to create a tenancy, one...
The distinction between having a tenancy and a simple permission to enter premises known under English law as a licence; is defined by the case of Street v Mountford. This case sets out the requisite, which is required in order to create a tenancy, one of which is known as exclusive possession. This is often known as a hallmark of a tenancy since having this right allows a tenant to exclude the world if need be it including the landlord unless he/she is to exercise a right under the tenancy agreement to view, repair or maintain a property. (i) In case scenario (I), Jade has allowed her nephew to stay in her home while she is away in India, no rent is being charged but she expects him to look after the cats while she is away and to pay for consumption of energy utilities (gas and electricity). In contractual terms I would interpret this as Jade allowing her nephew to stay rent free on the condition he looks after the cats and for reasons of fairness to pay his way in a manner of utility bills. This could be the consideration of a contract if there was an intention to create legal relations. I believe Jade has granted a licence to her nephew to remain in the house and not as a tenant but as someone who is looking after her best interests. A licensee is someone who merely has permission to be in the premises, which allows an act to be lawful, which otherwise without the
Describe how an Act of Parliament is created.
Q) Describe how an Act of Parliament is created. All Acts of Parliament on a proposed new law begin as a consultation document known as a "Green Paper". A draft of the law is then made which is known as the "White Paper" or sometimes a Bill. The White Paper is then taken to the House of Commons for its First Reading where the MPs vote on it without having any discussion on its content. The vote may be verbal whereby the MPs will say "aye" or "no" and the elected Speaker of the House will decide what the majority of the House are voting. If the verdict is not clear the MPs are asked to go through one of two doors, where one is allocated to "agree" with the proposed White Paper, and the other to disagree. At each door there is a Teller who counts the amount of MPs passing through the door, the numbers are then totalled up and checked against each other to clarify there has not been any miscounting, before announcing the verdict of the House. The White Paper then advances to the Second Reading. This is the main debate on the whole content of the proposed Act which is controlled by the Speaker of the House. If an MP wishes to voice their opinion they must make themselves aware to the Speaker who will in turn invite them to speak. At the end of the debate there is another vote similar to the one for the First Reading. If the majority of the House vote in favour
British Incompetence
British Incompetence The haphazard and disorganized British rule of the American colonies in the decade prior to the outbreak led to the Revolutionary War. The mishandling of the colonies, the taxation policies that violated the colonist right's, the distractions of foreign wars and politics in England and mercantilist policies that benefited the British to a much greater magnitude than the colonists; all demonstrate British negligence and incompetence in terms of colonial management. These policies and distractions play a fundamental role in the development of the Revolutionary War. British interests regarding the colonies were self-centered. Through the employment of the mercantilist system the English exploited colonial trade. This system was not utilized entirely for its commercial advantages, but also as a means of governing the colonies. Mercantilism is when the state directs all the economic activities from within its own borders. England was the sole beneficiary of this commercial policy, and did not intend to make any alterations that would in turn aid the colonies. Due to such restrictive policies the colonies were compelled to internal trade. The English further abused their power in the colonies by stipulating that the colonies import more from England then they exported to the colonies. Such a mode of trade involved the importation of raw materials from the
Discuss Harry and Ivans criminal liability for the death of Jayne
Harry and Ivan case Discuss Harry and Ivan's criminal liability for the death of Jayne Harry and Ivan would be charged with a count of murder; however, as it is clear that there is no mens rea and intent for murder present, this will be substituted for manslaughter. With no mens rea it is clear that it is not voluntary manslaughter, this leaves involuntary manslaughter for the courts to consider, either unlawful act or gross negligence manslaughter. Harry's liability has to be taken into account; gross negligence and unlawful act manslaughter need to be considered. By all means, the supply of drugs to Jayne from Harry is an unlawful act. This must be considered to be an act that all sober and reasonable people would realise there is a risk of harm. The reasonable man would realise that there would be the risk of some harm to Jayne as she was a first time user. The act must also cause the death. Kennedy (2007) should be looked at to determine if Harrys act caused the death of Jayne. In Kennedy, on appeal to the House of Lords, it was ruled the defendant had not done an unlawful act which cause the death of the victim. This is demonstrated further in Dalby (1982) - the victims act of injecting themselves was an intervening act that broke the chain of causation. Therefore as Jayne injected herself she broke the chain of causation leaving Harry not guilty of unlawful act
Lay Participation,undesirable?
Lay Participation in the English Legal System is no longer either necessary or desirable. Discuss. Laypersons are members of the public. They are legally unqualified personnel, making decisions on individuals' guilt or innocence. Their participation in the criminal system is based on the principle that an accused should be judge by his peers (his equals). Such laypersons are either members of the jury or magistrates. They are not paid for their involvement but do receive expenses and a contribution to possible loss of earnings if appropriate. Some may say, therefore, it is cheap justice and perhaps potentially dangerous to leave such important decisions that may affect people lives to members of the public, some of whom may not fully understand the law and what is being argued. However, others say that it is the crux of British justice, 'Hallowed by time' and essential to the system of criminal trials. Members of the jury serve both advantages and disadvantages. Arguments that favour the jury system are Public participation, Certainty, Secrecy and Ability to judge according to conscience. In Public Participation juries allow the ordinary citizen to take part in the administration of justice, so that verdicts are seen to be those of society rather than of the judicial system, and satisfy the constitutional tradition of the judgment by one's peers. Lord Denning described jury
Discuss the extent of the states obligations under articles 2 and 3 of the European Convention on Human Rights.
NAME: Mohammed Zaki Sheikh 99070738 Subject: Human Rights Law 17-3 Date of Submission: 10/04/2002 The European Court of Human Rights was set up in 1959 in Strasbourg to deal with alleged violations of the 1950 European Convention on Human Rights. On 1st November 1998 a permanent Court was established, replacing the original two-tier system of a part-time Commission and Court. The Human Rights Act 19981 is based on the Universal Declaration of Human Rights2 at the general assembly of the United Nations on 10th December 1948. Discuss the extent of the states obligations under articles 2 and 3 of the European Convention on Human Rights? Article 2 - Right to life . Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law. 2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary: (a) In defence of any person from unlawful violence; (b) In order to effect a lawful arrest or to prevent the escape of a person lawfully detained; (c) In action lawfully taken for the purpose of quelling a riot or insurrection. The introduction of a "right to life" in the Human Rights Act does not mean
