Constitutional law.
CONSTITUTIONAL LAW Christine Byres LLB CONTENTS HEADINGS PAGE NO. Introduction 3 A little bit of History 4 Scottish Bill 6 Research Programme 7 The Scottish Act 1998 8 Paper Clippings 10 Conclusion 11 Bibliography 12 Appendix A - Section 98, Schedule 6 of 1998 Scotland Act 13 Appendix B - Results of Referendum in Scotland in 1997 14 Appendix C - Abstracts from the Scottish Bill 19 Appendix D - Scotland Act 1998 - Schedule 5 Reserved Matters 20 CONSTITUTIONAL LAW "Devolution has been unqualified success." With reference to the Scotland Act 1998, the legislation passed by Scottish Parliament and governance in Scotland since devolution, analyse this statement. Introduction Royal Commission defined Devolution as "the delegation of central government powers without the relinquishment of sovereighty."1 In recent years we have seen some serious changes in the governance of Scotland. It was on the 1 May 1997 that the Labour government committed to a constitutional programme. It was one of the Labour party's declarations in 1997 that it was important to modernise the constitution. By the end of that summer, they produced a White Paper on devolution to
Parliamentary Sovereignty
ACCORDING TO MARTIN LOUGHLIN, "SOVEREIGNTY DIVIDED IS SOVEREIGNTY DESTROYED" - DOES THIS ASSERTION MAKE SENSE IN THE LIGHT OF THE UK'S MEMBERSHIP OF THE EU? 'A federal Europe does not mean the abolition of state sovereignty itself, but its partial or total transference to a different level, deemed more capable of exercising it with efficacy.'1 Introduction A response to Loughlin's claim is dependent on a comphrehensive analysis of a number of concepts and doctrines. Firstly, the unique character of the UK's constitutional status, manifested in the sovereignty and supremacy of Parliament, provides the key areas of objection to the division of sovereignty and contributes to the assertion that it is somewhat destroyed by EU membership. However, Loughlin's definition of sovererignty must also be examined in order to substantiate the argument that his particular reading of the concept fails to consider anything other than a juristic perpective, hence rendering it only partly useful. Therefore, specific cases dealt with by the European Court of Justice (ECJ) are investigated and conclusions are reached as whether the decisions made affect or even limit UK sovereignty. This analysis must take into account the different models of the European Union that can be presented and the dependence on specific policy areas in sovereignty definition exercises. 1951 saw the initial steps
Discuss advantages and disadvantages of using the literal rule. Question . The literal rule was preferred for most of the nineteenth and twentieth century, where it says that the intention of parliamen
Discuss advantages and disadvantages of using the literal rule. Question (c). The literal rule was preferred for most of the nineteenth and twentieth century, where it says that the intention of parliament is best found in the ordinary natural meaning of the words, the literal meaning must be followed, even if the result is silly. It demands that the words should be given ' plain, ordinary literal meaning...even if though this might lead to manifest absurdity,' as stated by Lord Esher in R V City of London Court (1892) where he insisted that this must be followed even if it would lead to an absurd result. This however means that the Golden rule would be considered because an absurdity in law occurs so then the Golden rule is used to 'give the words their ordinary signification,' as explained by Lord Blackburn. Since the membership of the EU, the literal rule isn't used as much as it was used in the 19th and 20th century because now judges are more likely to use the purposive approach, where they are concerned with discovering and giving effect to the purpose of which the legislation was made. The problem is that words do not always carry a plain and ordinary meaning or may carry ambiguous words as the R V Allen (1872), where applying the meaning 'being validly married' to the words 'shall marry' would have made the offence of bigamy unworkable. Ambiguous words is when a
A Discussion of the Legal Issues Surrouding General Augusto Pinochet
A Discussion of the Legal Issues Surrouding General Augusto Pinochet This question, although raised, was not decided in the Divisional Court. At the first hearing in this House it was apparently conceded that all the matters charged against Senator Pinochet were extradition crimes. It was only during the hearing before your Lordships that the importance of the point became fully apparent. As will appear, in my view only a limited number of the charges relied upon to extradite Senator Pinochet constitute extradition crimes since most of the conduct relied upon occurred long before 1988. In particular, I do not consider that torture committed outside the United Kingdom before 29 September 1988 was a crime under U.K. law. It follows that the main question discussed at the earlier stages of this case--is a former head of state entitled to sovereign immunity from arrest or prosecution in the U.K. for acts of torture--applies to far fewer charges. But the question of state immunity remains a point of crucial importance since, in my view, there is certain conduct of Senator Pinochet (albeit a small amount) which does constitute an extradition crime and would enable the Home Secretary (if he thought fit) to extradite Senator Pinochet to Spain unless he is entitled to state immunity. Accordingly, having identified which of the crimes alleged is an extradition crime, I will then go on
'The Land Registration Act 2002 makes a poor attempt at reforming the law of adverse possession' - Discuss this statement.
'The Land Registration Act 2002 makes a poor attempt at reforming the law of adverse possession'. Discuss this statement. One often hears the maxim 'possession is nine tenths of the law', although strictly speaking this is incorrect; there is some truth in relation to the law of 'adverse possession'. This is perhaps unfair in modern day land law where there is a reliance on registration. Thus reform has been sought, materialising as the 'Land Registration Act 2002'(LRA 2002). The Government proclaim that the 'LRA 2002' provides for a 'radical change' to the law of adverse possession in registered land. However assumes a 'no change' critique regarding unregistered land. Therefore with the lack of effect on unregistered land, we are posed with the question, 'does the Act go far enough'. Or are we simply left in agreement with the above statement that the new Act 'makes a poor attempt at reforming the law of adverse possession' failing to address the widespread grievance that the law on adverse possession 'does not accord with justice'1 It is proposed that the new '2002 Act' will come into force on the 13th October this year, therefore the existing law of adverse possession remains enforceable. The current law is archaic and has been subject to much criticism, the Law Commission have proclaimed that, 'the main weakness of the present law is that the principles which
Study the Marxian understanding of law and analyze the impact of Marxism on existing legal system and social order especially in context with India.
PROJECT ASSIGNMENT POLITICAL SCIENCE-1 MARXISM AND LAW SUBMITTED BY: PRANEETH RAMANAVARAPU I.D.NO 1352 ST YEAR I TRIMISTER DATE OF SUBMISSION: 17th November 2004 NATIONAL LAW SCHOOL OF INDIA UNIVERSITY Nagarbhavi, Bangalore TABLE OF CONTENTS INTRODUCTION....................................................3 RESEARCH METHODOLOGY...................................4 CHAPTER 1............................................................5 CHAPTER 2............................................................7 CHAPTER 3............................................................14 CONCLUSION.........................................................16 BIBLIOGRAPHY......................................................17 INTRODUCTION On 7th October Ramakrishna, alias RK, the general secretary of the Peoples War Group (the largest naxallite group in AP), in his first ever public appearance criticized the Indian Constitution of being a by the Bourgeoisie and for the Bourgeoisie. His criticism of laws started with the blasting of POTA and ended with the criticism of the Indian Penal Code. From the poet Sree Sree to Che Guvera he quoted various celebrated Marxists in support of his criticisms. The ideas expressed in the meeting though apparently radical, makes one doubt the purpose all existing laws that are in place not only in India but in any country which claims to
The sovereignty issues - Several decisions provide guidance regarding the rules that govern the ability of a nation to claim ownership of isolated uninhabited island features
THE SOVEREIGNTY ISSUES Several decisions provide guidance regarding the rules that govern the ability of a nation to claim ownership of isolated uninhabited island features--the Clipperton[ii] and Isle of Palmas[iii] arbitrations and the decisions by the International Court of Justice (ICJ) in the Minquiers and Ecrehos[iv] and Gulf of Fonseca[v] cases. Clipperton is a remote and barren atoll 600 miles south of Mexico in the Pacific Ocean which was claimed by France for its guano in 1858, but then ignored for decades because the guano was not commercially exploitable. After Mexico asserted jurisdiction over the atoll in the 1890s (claiming historic links traced back to earlier Spanish explorers), France and Mexico agreed to submit the ownership dispute to arbitration, selecting as arbitrator Victor Emmanuel, the Italian Emperor. When the decision was finally announced many decades later, in 1931, the award went to France, based primarily on its initial formal "discovery" of the atoll. The Emperor's opinion states that something more than mere discovery is normally needed to establish ownership--"effective occupation" is also required. And "effective occupation" usually requires a presence in the territory and some governmental structure capable of enforcing laws. But for uninhabited islets, these requirements are apparently reduced. All that is necessary is that "from
The ultra vires doctrine
When a power vested in a public authority is exceeded, acts done in excess of the power are invalid as being ultra vires. The ultra vires doctrine serves to control those who exceed the powers, which an Act has given. E.g. where a local council, whose capacity to act and to regulate private activities is derived from statute, acts outside the scope of that authority. In many fields parliament has provided no right of appeal against administrative decisions. Nonetheless the superior courts still exercise a supervisory jurisdiction on matters such as limits of an authority's powers, which affect the legality of official decisions. In exercising this jurisdiction, the courts take account of the principles of administrative law that have developed from judicial decision, and also the specific legislation that applies to the subject matter. The legislation that applies to public authorities is made up of many separate Acts, varying widely in the powers conferred, the agencies in whom they are vested, and the extent of protection for private interests. The legal solution to many administrative disputes inevitably involves some form of judicial discretion. Even if the relevant principles are clear, their application to a particular dispute is seldom clear-cut. Since 2001 however, with the introduction of the Human Rights act 1998 into domestic law, a public body for the purposes
A Welcoming Posture: Trade Marks Law Giving Protection For Overlaps With Industrial Designs
A Welcoming Posture: Trade Marks Law Giving Protection For Overlaps With Industrial Designs There is an argument to the effect that one of the tasks of modern trade marks law is to prevent the law being used to give perpetual monopolies for what are actually industrial designs. I am going to argue for a point of view that the idea in question is prejudicial, and the discretions would only be made according to the law. The article takes four steps to draw the conclusion. First of all, introduce and compare the trade marks and industrial designs, which followed a brief conclusion that separate regulation is the general rule while the overlaps are reasonable. Secondly, analyses the purposes and rationales of two generics of right which reveal the differences and overlaps between two laws, and explain that the overlaps are due to firstly the dual nature of industrial designs as both functional and aesthetic creations, and secondly the overlap of the purpose of two laws. Thirdly, discuss the overlaps in particular functional shapes and the three dimensional marks. Introduce the idea of the functional shapes and the three dimensional shapes would be protected as trade marks if they meet the requisition of trade marks law. Fourthly, review the purposes and rationales of two laws, then introduce the idea that the proprietors of pending creations1 have the liberty to choose the
"What are the distinctions if any between civil and criminal law?"
"What are the distinctions if any between civil and criminal law?" Justice should be the upholding of rights and the punishment of wrongs by the law. Any society has a duty to its citizens to do the best it can to provide them with laws, which, if obeyed, will give them a reasonably safe environment. These laws will also form a framework in which to live our lives. Whether in criminal or civil law we each have a responsibility for our actions towards others. Criminal law is the upholding of standards and punishment of those who break laws and offend against society, theft is an example of a criminal offence. Civil law is there to provide a system for individuals to resolve their disagreements in a way, which is both efficient and ultimate. Breach of contract and defamation (also known as libel and slander) are two examples of offences that would be heard under civil law. " The Criminal Justice System exists to help protect us from crime, and to ensure that criminals are punished. The Civil Justice system is there to help people resolve their disputes fairly and peacefully"(Lord Irvine of Lairg, Lord Chancellor, Modernising Justice 1998) There are seven main differences between Civil and Criminal law. The purpose of the two types of laws, the people who bring the cases to court, the courts hearing the cases, the terminology used in the different laws and the different