To understand if Parliamentary sovereignty has or has not diminished by the joining of the European Union (EU) in 1973 we must first look at the traditional meaning of Parliamentary sovereignty.
To understand if Parliamentary sovereignty has or has not diminished by the joining of the European Union (EU) in 1973 we must first look at the traditional meaning of Parliamentary sovereignty. The writings of influential author on the British constitutional law Professor A.V, Dicey1 , states that Parliament supremacy is 'the dominant characteristic of our political institutions'2 and went further on by saying ' The principle of Parliamentary sovereignty means neither more nor less than this, namely 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 Parliament.3 So here Dicey believes Parliament is sovereign and no body or institution can overrule Parliament. One of the traditional principles of Parliamentary sovereignty is the the principle that courts must be obedient to Acts of Parliament, which is illustrated in the case of Madzimbamuto where Cockburn CJ held 'it would be unconstitutional for Parliament to do certain things...if parliament chose to do one of these things the courts cannot hold the Act of Parliament invalid.'4 Another important principle is implied repeal which means Parliament is unable to bind its successors, it follows legislation enacted by one Parliament cannot be
Critically Evaluate, in 3000 words, how the cases of Boyle v United Kingdom ( Application No 55434/00) in the European Court of Human Rights & Findlay v UK ( 1997) 24 EHRR 221 (para 82) have made an impact on Military Law within the UK.
UNIVERSITY OF CENTRAL LANCASHIRE School of Forensics and Investigative Sciences FZ3044 Military Law and Discipline MODULE INFORMATION 2008- 2009 Ashley Nasir Critically Evaluate, in 3000 words, how the cases of Boyle v United Kingdom ( Application No 55434/00) in the European Court of Human Rights & Findlay v UK ( 1997) 24 EHRR 221 (para 82) have made an impact on Military Law within the UK. When answering this question I must first explain the facts of each case, the decisions that were made during their appeal processes and what effect they had on Military Law within the UK. The first case I will explain is that of Boyle v United Kingdom1. In this case the defendant, Boyle, who had joined the army in 1990, was serving as a gunner with the 12th Regiment of the Royal Artillery and was stationed in Germany. On 1 November 1999 a woman alleged that she had been raped and on 2 November the applicant was arrested by the service police. The service police interviewed the applicant on 4 November 1999 and it appears that he was assisted by a lieutenant from Army Legal Services. On that date he also signed a certificate acknowledging that he had been informed of his right to have the assistance of an "accused advisor" during any summary hearing before his commanding officer ("CO"). On 5 November 1999 he was charged by his CO, pursuant to section 70 of the Army Act 1955 with
Critically analyse the law on market abuse and its enforcement by the Financial Services Authority in the context of the aim of promoting efficient, orderly and fair markets.
Critically analyse the law on market abuse and its enforcement by the Financial Services Authority in the context of the aim of promoting efficient, orderly and fair markets. . Introduction: Market abuse can be defined as 'the misuse of information, the giving of false or misleading impressions, and market distortion.' 1 Efficient, orderly and fair markets are crucial as the financial services industry seeks to play an effective role in supporting economic activity by 'facilitating commerce, allocating savings [...] and allowing consumers to plan and make long term financial decisions in confidence.'2 As a consequence, a key objective for the FSA is tackling market abuse.3 The purpose of this essay is to critically analyse the current law on market abuse, before proceeding to assess the extent to which the enforcement activities of the FSA, are successful in promoting efficient, orderly and fair markets. As the single regulator, the Financial Services Authority (FSA) regulates the financial services industry in the UK.4 Under the Financial Services and Markets Act 2000 (FSMA), the FSA is given extensive 'rule-making, investigatory and enforcement powers' in order to meet its four statutory objectives.5 These objectives govern the FSA's general functions and cover: (I) market confidence; 6 (ii) public awareness; 7 (iii) the protection of consumers; 8 and (iv) the reduction
Regulating Prostitution
Introduction This essay discusses the social issues relating to prostitution and proposes that prostitution should be legalised but regulated to reduce problems and harms of prostitution to both the society and prostitutes (my goals). My proposed regulatory rules (my framework) aimed at achieving the said goals are discussed. This essay will conclude that although my framework has its limitations, it is effective in achieving the said goals. Social Problems of Prostitution "Prostitution" is the practice of engaging in sexual activity with someone in return for payment1. Prostitution has been described as "the choice made by those who have no choice"2. Prostitutes are more likely to be women disadvantaged by poverty, poor or no education, sex and race discrimination, who have no other economic options; or childhood sexual abuse, with little opportunity for anything else3. A prostitute may engage as a stripper, escort, street-walking prostitutes, or as a sex worker in hotel, massage parlour or brothel. As the dominant prostitutes in the world are female, this essay will generalise that all prostitutes mentioned are female, whereas the clients or patrons are male. There are many social problems of prostitution. Firstly, regardless of the sex work choices and physical location where prostitution takes place, violence and abuse against prostitutes are inevitable: verbal and
Is rape a feminist issue
. Is rape a feminist issue? According to Christianity, sexual union is God-ordained and God-given having multifaceted biblical purposes; procreation (Gen. 1:28), intimacy (Song 1:13), comfort (Song 3:1), and physical pleasure (Song 1:3). Law follows the same path of morality by chastising rape, which has taken the form of the deviant act of coercing one party into sexual activity by another. This paper acknowledges the presence of male-rape (although not legally) and the different factors for causing rape, but it highlights that the majority of victims to be female- 98% of sexual offenders found guilty are male (Crime in England and Wales:2002/03). Boseley (2005:33) claims that 'one in three women around the world is likely to suffer physical, sexual or other abuse in her lifetime, usually at the hands of a family member or someone she knows'. Therefore, while rape is a subject of concern for the entire society, feminists alone experience the responsibility of presenting the issue of subordinated women in the limelight. Sigmund Freud considered that everyone is born with the potential to be a criminal in that the basic instincts, if uncontrolled, will lead to anti-social behaviour. Smart (1976) referred to 'the naïve belief that femininity is the antithesis of criminality'. Hence rape can be a gender neutral crime. Justice Byon White's definition of rape in Florida Star
Roman Law- Contract Law. Gaius is discussing the contract re, mutuum, the loan of fungibles whereby the obligation arises not from agreement alone and created an obligation in kind so that debtor had to restore an equal quantity of similar
Roman Law Week 6- Contract Law 1 J a) An obligation is contracted by means of the thing itself, as in the case of a loan in kind [mutuum]. In this section, Gaius is discussing the contract re, mutuum, the loan of fungibles whereby the obligation arises not from agreement alone and created an obligation 'in kind' so that debtor had to restore an equal quantity of similar things or equivalent quality. Indeed, Gaius only considers mutuum as a real contract. Justinian, in his Institutes considers not only mutuum as a real contract but also depositum1, commodatum2 and pignus3 as real contracts. The question, hence arises why Gaius omitted these from his consideration of real contracts given the fact that they existed in his day? It would appear that the absence of pignus is explicable on the probable ground that it had not yet been provided with a civil action and also pledge also goes as naturally with the law of property as with contract4. With regards to the absence of commodatum and depositum, it has been suggested that their omission is due to Gaius following an antiquated traditional scheme5. However, it must also be noted that their inclusion under contract re requires that formation re be given a wider meaning to encompass transfer of possession or detention of the thing as well as transfer of ownership, which occurs in mutuum. Mutuum, was the loan for
Responsibility and Regulation
This assessment is based on my interest area, in which I will be discussing the risk management first as a concept and then I will apply to the NHS Foundation Trust. As this was my main area I had concentrated on for our group presentation. Generally, Risk Management is the process of measuring, or assessing risk and then developing strategies to manage the risk. In general, the strategies employed include transferring the risk to another party, avoiding the risk, reducing the negative effect of the risk, and accepting some or all of the consequences of a particular risk. The objective of this topic, which has been developed with reference to the NHS Foundation Trust, is to provide detailed guidance on the preparation of reports using the selected monitors. This particular topic is divided into three main chapters. Chapter one provides and overview of how risks are managed and what are the risks. Chapter two explains the types of corporate risks which evolved during my research reflection on this subject. And chapter three provides a concise overview of what do risks affect. The concepts of how risks are managed are basically, once risks have been identified, they must then be assessed as to their potential severity of loss and to the probability of occurrence. These quantities can be either simple to measure, in the case of the value of a lost building, or impossible to know
Is the establishment of a national industrial relations regime constitutionally valid?
Despite the original intent of 'power-sharing'1 between federal and state governments as established by the separation of powers doctrine, successive federal governments have found ways to increase the scope of their legislative powers with regards to industrial relations through the innovative use of their Constitutional2 powers. Whilst the Constitution fails to empower the federal government with enough legislative power to establish a national regime of industrial relations outright, this paper will examine the main constitutional provisions which could be used in conjunction with each other to aid in the establishment of such a system. This paper will then consider the overarching limitation of federalism which imposes on these heads of power, before considering whether a national regime of industrial relations supported by a mélange of various heads of power would be constitutionally valid. This paper will do so, firstly by examining a number of constitutional provisions which allow the federal government to legislate and influence industrial relations, beginning with section 51 (xxxv)3. . THE FEDERAL GOVERNMENTS POWERS PERTAINING TO I.R. (A) Section 51 (xxxv) - Industrial Relations Power For a national system of industrial relations to be constitutionally valid, it must be capable of being considered 'with respect to' a head of power prescribed under section 51 of
Discuss legitimate expectation in relation to the problem.
A devastating storm recently struck the English coast. A river running through the town of Boswhellem burst its bank causing many properties to flood. Cars were swept into the sea, and outlying farmland rendered useless; the main bridge over the river was destroyed, and public buildings in the town became unusable for several months. The Government decided to create the 'Boswhellam Emergency Relief Scheme' (BERS) to make grants to repair private and public infrastructure. No statutory power permits this. A minister nevertheless stated in Parliament: "the Crown's prerogative powers to make ex gratia payments have long been acknowledged, and this town is a deserving case." She added that the scheme would probably be reviewed after eight weeks. Within two weeks of the ministerial announcement the evidence revealed that the scale of the damage is such that the scheme would be highly burdensome for the taxpayer. Upon being advised that this was so, the minister revoked BERS with immediate effect. When challenged in Parliament about this reversal of policy she responded that individuals have a responsibility to purchase appropriate insurance cover and, as she put it, "the government cannot accept an unlimited liability to bale out the reckless few who fail to look after themselves". Jocasta's residence, which was inundated for two weeks, was not insured against flood damage.
Gender discrimination is still a prevalent issue within the legal society. Discuss with reference to women
Gender discrimination is still a prevalent issue within the legal society. Discuss with reference to women "Discriminatory behaviours take many forms, but they all involve some form of exclusion or rejection"1. Gender discrimination, also referred to as sex discrimination, is the foundation of a prejudice against someone based solely on their gender resulting in immoral and unjust treatment. Women have been discriminated against by society for centuries, however with reforms such as the Sex Discrimination Act 19192 and Civil Rights Acts 19643 women are treated as uniform with men and have been seen to enter even those fields traditionally stereotyped as "male professions". However, women seeking to pursue a successful career within the legal profession may still encounter this to be a challenging task in terms of acquiring equal opportunities with men to being granted partnership status in private firms and receiving equal salaries. Although such discrepancies should have been eradicated considering the transition to a society with a more liberalised attitude now, there are still reports that indicate women may still be struggling to establish their legal careers. In order to construct a logical reasoning that answers the essay title, the subject of discrimination will be reviewed from history to the present and these factors that represent discrimination will also be