Most cases that reach our higher courts concern the interpretation, that is to say the meaning, of words in a statute. The reasons vary
a) Most cases that reach our higher courts concern the interpretation, that is to say the meaning, of words in a statute. The reasons vary, for example words may be ambiguous Fisher v Bell; or broad or Parliamentary Counsel may have made a drafting error (Inco Europe v First Choice Distribution); or overtaken by technology (Royal College of Nursing v Department of Health). Over the years, the courts have established three rules to resolve these problems, namely the literal, golden and mischief rules. The literal rule was developed two hundred years ago and it is based on the strict constitutional notion of Parliamentary supremacy. Arguably, an absurd result was achieved in Fisher v Bell (the flick-knives case) and in L&NER v Berriman, where a railway worker's widow was denied compensation on a technicality. However, this line of reasoning has essentially fallen into disrepute and the courts will go to great lengths not to achieve absurd results. The modern approach is to discern the intention or purpose of Parliament - known as the purposive approach - and the courts will go to great lengths to construe a statute in line with the supposed intention. That said, the starting point to interpretation is that judges should, in the words of Lord Reid, 'look at the natural and ordinary meaning of that word or phrase in its context in the statute' in interpreting same (Pinner v
Parliamentary Law Making
Parliamentary Law Making Parliamentary Law Making is the primary way to make law. This type of law governs over England and Wales. It can take a long time for an Act to be made by Parliament for multiple reasons, the best example of this is the Euthanasia Bill, which began in the 1930s and has yet to go through. In order for Parliament to make law it must be fully scrutinised whilst it is in bill form. To do this the bill must travel through various stages in both the House of Commons and House of Lords and receive the Queen's Assent. Within Parliament there are different types of Acts it can be either public, which is sponsored by the government or a private member, or a private and personal bill, which is prepared by a local authority/public corporation (e.g. road building). With a Public bill it usually affects the law in general. When a bill is government sponsored then a minister forwards it before Parliament, in an example Ed Balls, Education Minister will be responsible for any bills relating to Education. A government sponsored bill is more likely to be put through into a law because the government has a majority seats in the House of Commons therefore they will vote in favour of the bill out of party loyalty. The House of Lords can only delay the implementation of most bills therefore it cannot change this fact however they do have a lot of input into the
Health Care Ethics and Law
Health Care Ethics and Law Implications for Staff: Sexuality of People with Learning Disabilities Like everyone else people with learning disabilities have sexual feelings and a right to express them (Brown and Benson 1995). Carers will be closely involved with people's relationships, providing protection from abuse and exploitation. This presentation will look at the laws and ethical/moral implications for practice. Here is a brief historical overview of how the sexuality of people with learning disabilities has become an ethical and legal headache for staff. Segregation into large long stay hospitals and colonies was seen as away to prevent learning disabled people from having children through close supervision. Another motive was the belief that the public had the right to be protected from inappropriate sexual behaviours committed by those who could not act responsibly (Robbins 1990). Since the implementation of the NHS and Community Care Act 1990 the issue of the sexuality of people with a learning disability has come to the attention of care workers and the general public. In addition, there is an awareness, through concepts such as normalisation and empowerment that people with a learning disability have a right to express their sexuality. Craft (1994) comments this right should not be at the mercy of the individual sexual attitudes of different care givers. It is
How Ulster Unionists, together with their political allies brought Ireland to the point of civil war by 1914
How Ulster Unionists, together with their political allies brought Ireland to the point of civil war by
The Land Registration Act 2002 heralds major changes to the law and procedures regarding adverse possession
The Land Registration Act 2002 heralds major changes to the law and procedures regarding adverse possession. To what extent do you feel that the traditional justifications for adverse possession in English land law cannot be supported in a system of land registration? Discuss if the recent legislative reforms will achieve a balance between the rights of the owner of the paper title and those of a squatter? The law of adverse possession or 'squatters' rights' is considered by many to be unfair. This rule evolved as method of dealing with uncertain boundaries, but in recent high profile cases it has been used to dispose owners of extremely valuable plots of land. Critics argue that dispossessing the true owner of a piece of land through long occupation goes against the principles of their system of land registration, and indeed Law Commission recently referred to it as 'sanctioning a theft of land'. Under the old regime, an adverse possessors (subject to certain criteria set out below), simply had to show at least 12 years of continuous occupation of the land to establish a legal title1. Furthermore, if it can be proved that the actual owner did not interrupted within that period, automatically he will considered as to be beneficial owner of the land, which was held on trust for him by the paper owner (i.e. the registered proprietor or the holder of the deeds in the case of
The reforms the Liberals were going to introduce rested on an ideological base known as "New Liberalism" This was a big step away from the traditional "Gladstonian" Liberalism in that it changed the laissez-faire attitude that
Introduction Before 1906, the need for social reforms took a sharp turn. Charles Booth's report in 1902 revealed bad conditions and showed that poverty affected around 30% of London. Seebohm Rowntree added further details in his survey of York showing an analysis of the recurring cycle of poverty. This is one of the issues that deflected the Liberals away from their policy of "laissez-faire" which was the government's idea they should interfere as little as possible in people's lives. They realized the need for more social reforms, especially left-wing liberals; they were especially interested in helping the unemployed, the old and the sick. With influence from Hobson and Hobhouse they realized it was time to move away from laissez-faire. Main Paragraph The reforms the Liberals were going to introduce rested on an ideological base known as "New Liberalism" This was a big step away from the traditional "Gladstonian" Liberalism in that it changed the laissez-faire attitude that the Liberals had used, to a more recognition in the states involvement in social issues. The Liberals introduced many measures to help out children. Starting with the 1906 Education Act which gave local education authorities the power to provide free school meals for needy children. However, this act was not compulsory and so was not as successful as hoped. It also ran into opposition and critics
For instance, The Proclamation of 1763 forces us to pay for troops sent in to prevent us from moving west of the Appalachians.
Dear King of England, I do not feel that the taxes from Britain are justified. First, because as a colonist I think it's only fair that the taxes be passed onto us by someone that we elected, and not by British representation. For instance, The Proclamation of 1763 forces us to pay for troops sent in to prevent us from moving west of the Appalachians. It doesn't make sense since we've claimed a lot of the land in the west already. Secondly, the Stamp Act and the Townsend Act's are taxing us on items just to get us to pay more to support Britain. The Townsend Act created Writs of Assistance that allows a ship's cargo to be inspected for no legal reason and I also think that is unfair. The same goes for the Quartering Act, which I think is an indirect way for you to tax us by asking us to supply necessities for British soldiers stationed here. In response to the taxation mentioned above, I am proud to be a part of the colonists who agreed to boycott Boston products, which will prevent a loss of sales to Britain. We will create slogans against taxes, which are paintings that will show British soldiers being tarred and feathered, hung, and anything else that will only create more anger in the colonies. We have created a non-importation agreement that we encourage our merchants to promise to stop importing goods taxed by the Townsend Act. Groups have formed Sons and Daughters
Case for a Bill of Rights
Case for A Bill of Rights Currently within British politics there is controversy over the Issue of whether or not the UK Government should introduce a Bill of Rights. There are members or both the Tory and Labour parities that are for and against the Introduction of this document, David Cameron in particular is In favour of the introduction, claiming that 'current legislation is inadequate and hinders the fight against crime and terrorism.' (BBC NEWS) It is said that he believes the current Human Rights Act, which was established in 2000 has strong weaknesses which need to be addressed. However, others believe that those in favour of the Bill or Rights and against the Human Rights Act are simply so due to the fact that the Human Rights Act 'seem inconvenient' according to the Lord Chancellor. The most important reason why the Bill or Rights should be introduced is because with an entrenched document within the law with exact rules and regulations, the Government would not at any one point take away the civil liberties of UK Citizens. Without a Bill of Rights, those living in the UK could have their rights infringed by the Government and not be able to do anything much about it. Some say this took place just recently when the 'anti-terrorism' laws were passed and it was made legal for the Government to hold terrorist suspects in jail for 28 days without trial. This, by some,
What were the main aims of the Apartheid between 1948 and 1953.
What were the main aims of the Apartheid between 1948 and 1953 The word `Apartheid' was first used in African Government meetings about race and politics at around 1930. Since then it has come to mean one thing - separation of the races. Apartheid was first introduced when Daniel Malan had won the General election in 1948. In his celebratory speech he had made it clear to the public of South Africa that `Today South Africa belongs to us [Afrikaners] once more'. He had introduced what was to become Apartheid - a separation of black and white people. In 1950 Malan appointed Professor Tomlinson to chair a commission to advise how Apartheid should work in practice. Tomlinson advised the government that the separation of Blacks and Whites could work, as long as the Government was prepared to pay. He advised that it should split up the land and spend £104 million pounds on improving the farming and industry for the Blacks thus driving them out of white areas. However, the land that was put aside for the Black population was not nearly enough to house and employ. Although the land put aside to house the Blacks was among the most fertile and well-watered parts of South Africa, it only took up 13% of the area. The Black population however took up 70% of the overall population, not nearly enough land to support all of the Blacks. To make matters worse, the
What Are Rights?
What Are Rights? They are freedoms, Civil Liberties given to us by the government. There are many rights and usual separated into groups: Economic, Social and Cultural Rights Civil and Political Rights Racial Discrimination Discrimination against Women Torture Rights of the Child Below is the Universal Declaration of Human Rights Source : United Nations Department of Public Information Article I All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 2 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. Article 3 Everyone has the right to life, liberty and security of person. Article 4 No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. Article 5 No one shall be subjected to torture or to cruel, inhuman or
