PLA Ultra Vires Essay

In (A) scenario Andy is aggrieved because they (Hullair) were not consulted before the Secretary of State (SOS) made the search regulation for all airline passengers. Andy is also aggrieved because a fine has been imposed without hearing and a subsequent confiscation of their aeroplane. In such a case it could be regarded as procedural impropriety, and a clear abuse of natural Justice or wednesbury unreasonableness. If the discretion of the (SOS) is believed to be unlawful, the question could be whether there was a common law duty to consult or a statutory duty to consult. It is clear here that there is a statutory duty to consult. Under Section (1) of the Airport Security Act 2010, (ASA) states that, any regulation compelling airlines taking measures to enhance security, consultation should be made to relevant parties. Therefore if there is statutory duty to consult then the Gunning criteria should be applied:1 (a) that consultation must take place at a time when the proposals are of a formative stage as in Beckwith;2 (b) that those being consulted must have sufficient information available to permit an informed response as in Edwards, (although the court (HL) held that the Environment Agency was not obliged to disclosed all there documentations, which was due to cost and the endless process of given reasons and challenges);3 (c) that consulates' must be given a reasonable

  • Word count: 3177
  • Level: University Degree
  • Subject: Law
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Does the United Kingdom have a Constitution?

Politics Essay on British Constitution by Marc Loakes Does the United Kingdom have a Constitution? On the face of it, the United Kingdom does not have a constitution in the normal sense of the world, as unlike the American system, of having a codified constitution which is written down clearly in one place, with easy access, the United Kingdom has a constitution made up of many documents, evolved together over many hundreds of years, to form a uncodified constitution with many sources. Does this count as a 'real' constitution though? Well, the main argument that the United Kingdom does not have a constitution is the fact that there is no single document, entitled the 'British Constitution' and at the same time, any laws which are called 'constitutional statues' (laws) are given no more superiority to other acts of parliament (laws) which are issued, and so even if they are meant to be holding together a constitution, they have no power to overrule a law, which threatens to make the constitutional law obsolete. So therefore, you would think that there is no Constitution in the United Kingdom. This case is further strengthened by the way that Parliamentary Sovereignty is treated. Here, parliament is omni competent and can not be overruled; therefore it can not be limited in the way it acts, by previously passed acts and statutes. So entrenching laws can not exist. This

  • Word count: 1065
  • Level: University Degree
  • Subject: Law
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Define and analyse the principal amendments proposed by the new constitution for the EU.

Define and analyse the principal amendments proposed by the new constitution for the EU The European Convention on the Future of Europe was created in Laeken, on 14 an 15 December 2001. Its goal was to draw up proposals on three subjects: "how to bring citizens closer to the European design and European Institutions; how to organise politics and the European political area in an enlarged Union; and how to develop the Union into a stabilising factor and a model in the new world order" (The European Convention, 2003). After a 17 month work period, the European Convention, chaired by former French President Valéry Giscard d'Estaing has come up with a draft treaty establishing a Constitution for Europe in Thessaloniki on 20 June 2003. The Intergovernmental conference, currently meeting in Naples, has to finalise the text before the 12 and 13 December summit in Brussels where heads of state are meant to reach a final agreement. In this essay we will introduce the principal amendments this draft proposes and analyse the issues they raise. The main proposals concern the qualified majority voting system, the composition of the European Commission, the creation of the Union Minister for Foreign Affairs, citizenship and the incorporation of the Charter of Fundamental Rights of the Union. Qualified majority voting Article 24 states that "majority shall consist of the majority of

  • Word count: 2317
  • Level: University Degree
  • Subject: Law
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What are conventions?

What are conventions? Conventions are rules of practice applicable to the three organs of the government. It is based on consent and not on legal obligation. Conventions are regularly observed practices with no legal basis and are not enforceable in courts. Whilst the courts do not legally enforced convention, they do recognize conventions and their applications. Conventions form rules of political behaviour which are necessary for the smooth running of the Constitution. They facilitate evolution and change within the Constitution while the legal form remains unchanged.They also help to remove certain aspects of the working of the constitution from the jurisdiction of the courts and help to ensure democratic process. Advantages: Codification would clarify certain conventional rules that are vague and undefined. It is unsatisfactory that major rules of the constitution remain unclear. For example if the Queen were to dismiss the Prime Minister under certain circumstances this would be controversial because of the uncertainty surrounding the Queen's power of dismissal. This can be avoided if the circumstances in which the Queen may do these things are set out clearly in legal written form. Breach of convention has resulted in its successful codification. The effect of this has been to provide the rule with legal status. Doesn't this have a bad effect on the politician?

  • Word count: 669
  • Level: University Degree
  • Subject: Law
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Discuss the relevance of the concept of the rule of law to current constitutional arrangements in the UK

"In the mouth of British Constitutional Lawyer, the term "rule of law" seems to mean primary a corpus of basic principles and values, which together lend some stability and coherence to the legal order". (TRS Allan). In the light of the quote above, I am going to discuss the relevance of the concept of the rule of law to current constitutional arrangements in the UK. I will be looking at the current constitution in the UK, the doctrine of the rule of law and the relevance of the doctrine in the operation of state power. The UK is said to have an "unwritten constitution", because it has no single codified documentary constitution. However most of the constitution does exist in the written form of treaties, statutes and court judgements. Due to the absence of a formal written constitution in the UK, there is no positive statement of the basic principles governing state actions and no guidelines that could be used to assess the legitimacy of government action. Lawyers and politicians have used the concept of the rule of law in order to provide such a measure.1 The rule of law is capable of being interpreted differently by different people. It is a recognised principle of the English constitution, which is frequently used to signify a notion of "law and order". At it's broadest it is a framework that constrains arbitrary use of power. The concept of the rule of law dates

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  • Level: University Degree
  • Subject: Law
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Discussion on The History, Evolution and Functioning of British Constitution

Name: Hubert Zhang Subject: Politics Assignment Number: 1 Discussion on The History, Evolution and Functioning of British Constitution As the definition presents, British constitution entrusts the government powers and privileges on operation and defines the rights and responsibilities of citizens. Unlike many other countries, Britain's elusive constitution emphasizes that it is uncodified. For centuries, British constitution has never been freed of criticisms and debates. Here a critically discussed history, evolution and functioning of constitution are presented below. * Uncodified Constitution A significant characteristic of British constitution is its uncodified form. Although most laws and statues are presented in written documents, here uncodified refers to that 'no single document available is entitled as 'The Constitution' (John Kingdom (1991) 'The Constitution' Government and Politics in Britain, 58-59), which should involve all relevant aspects of constitution. The causation of its uncodified form derives from Britain's relatively tranquil history-there was not a prominent revolution during which a new class emerged striving for a fresh system on the abolition of the old one, such as the French Great Revolution. Five principle sources of constitution are classified as royal prerogative, statute, common law, convention and authoritative opinion. As Britain

  • Word count: 1674
  • Level: University Degree
  • Subject: Law
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Admin Law

Q2a An avenue open to Taluluans for Air Safety (TAS) is internal review. This involves a more senior officer looking at the decision. TAS can apply for internal review by writing to the minister. TAS is also able to seek review of the situation to the ombudsman1 . S(6)(b)(ii)2 will pose a problem for TAS in obtaining a reciew. The section specifies that ombudsman can refuse to investigate if the complainant does not have a sufficient interest in the subject matter of the complaint. Tas's interest is to improve public interest, they have no other interest that will be beneficial to themself. The ombudsman is unlikely to view this interest as sufficient enough to investigate. TAS may also apply to the AAT, however before they can do so they must have standing. The mere fact that TAS consists of injured members is not enough to give it standing , the organisation must have an interest that is greater the ordinary members of the public.3 TAS's main object is to promote air safety, it will give it a right to encourage air lines and ASA in improving their airline safety, but it will not entitle them to questioning the actions of ASA. This means that its interest will not be greater than the ordinary person and will not have standing in regards to challenging the decision of ASA to the AAT. TAS may seek rely on the broader terms of S(27)(2)4 to have standing in the AAT. The

  • Word count: 1214
  • Level: University Degree
  • Subject: Law
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Why and how the policing of public protest has changed in the last 25 years

Why and how the policing of public protest has changed in the last 25 years Historically political protests, demonstrations and riots were quite common in Britain. What was not common however, was a structured public service department equipped to deal with such events. This essay will purport to show how and why policing of public protest has changed in the past 25 years. Eighteenth century Britain experienced some horrendous rioting, i.e. the St George's Field Massacre 1768[1], the Gordon Riots 1780[2] and the Peterloo Massacre in 1819[3], is this a mirror image of things to come. One of the major functions of the police has always been the control of public order, i.e. demonstrations, sports grounds, festivals and striking pickets. "The duty of a police officer....includes the preservation of the peace, or rather the prevention of a breach of the peace..."[4] It is also understood that the police have certain obligations in ensuring the physical safety of people when faced with large gatherings. However, three elements cause major problems for the police when faced with any large gathering, (i) freedom of public expression, (ii) police obligation to the public safety of the participants and (iii) their obligation to the protection of the rights of others). It was not until the late 1800's and early 1900's that British society started to settle down. The emergence

  • Word count: 2778
  • Level: University Degree
  • Subject: Law
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ROYAL PEROGATIVES

GRADUATE DIPLOMA IN LAW CONSTITUTIONAL LAW & ADMINISTRATIVE LAW Coursework Title Lord Frazer in the GCHQ case explained the past position of the courts in relation to the prerogative as follows - ''As De Keyser's case shows, the courts will inquire into whether a particular prerogative power exists or not and if it does exist, into its extent. But once the existence and extent of a power are established to the satisfaction of the court, the court cannot inquire into the propriety of its exercise.'' (Lord Frazer - Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374) Discuss the reasons for this limited judicial control of the prerogative in the past and critically assess the approach finally adopted in the GCHQ case and subsequently. Royal Prerogative derives from common law and they are not from statutes. By origin, royal prerogatives are attributes which of necessity inherent in the kings as the governors of the realm. The royal prerogative consists of those common law powers and immunities which are peculiar to the crown and go beyond the powers of a private individual. The history of the royal prerogatives was created by James 1 between 1603-1625. James 1 was the king of England and Scotland, and when he became king, he appointed himself head of parliament, courts and statutes. Powers of the King were legally based on the royal

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  • Level: University Degree
  • Subject: Law
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The Constitution of The United States of America.

The Constitution of The United States of America In 1775 a war had broken out between the 13 colonies and Britain, a war for Independence that lasted for a long and brutal six years. While the war continued, the colonies that are now referred to as the United States of America, drafted a compact that bound them together as a nation. The compact designated the "Articles of Confederation, and Perpetual Union," which was adopted by a Congress of the states in 1777 and was formally signed in July of 1778. The articles became binding when they were ratified by the thirteenth state, Maryland, in March of 1781. The Articles of Confederation devised a loose association of the states, and also set up a federal government that had a limited amount of power. In matters that were crucial to the United States of America, including situations that called for defense, public finance, and trade, the Federal Government must consider State Legislatures. Within a short time after the Articles were put into effect, it became apparent that the Confederation brought about many weaknesses. Politically, as well as economically the "new nation" was close to anarchy. George Washington, who was the first President of the United States of America in 1789, stated that merely "a rope of sand" united the 13 states Under the Articles of Confederation; there was no plan for an executive branch to

  • Word count: 2604
  • Level: University Degree
  • Subject: Law
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