How can he help it?" Similarly, Lord Reid in a speech entitled "The judge as lawmaker", said "We do not believe in fairy tales any more, so we must accept the fact that for better or worse judges do make law." There can be no doubt that Lord Radcliffe and Lord Reid were right, and that judges do make law and even change the law from time to time. The extent of this creativity is displayed in a variety of ways. Judges inevitably make law in a sense whenever they interpret a statute or a piece of delegated legislation.
1. Describe these two judicial philosophies. Judicial Activism is when judges/courts do not strictly stick to the interpretation of a law, but create a new one. Easily explained, when an issue is being ruled upon, courts establish a new law to rule broadly on the issue rather than limit their verdict. A lot of magistrates go beyond the constitution and statutes words and use their own political and personal thoughts.
Sovereignty is used to describe the idea of the power of law making unrestricted by any legal limit, Parliamentary sovereignty is part of the uncodified constitution of the United Kingdom. It dictates that Parliament can make or unmake any laws as it is the ultimate legal authority in the UK. Parliament is still sovereign as it can make law on any matter and it has legislative supremacy. However parliamentary sovereignty can be questioned due to the membership of the European Union and the Human Rights Act. Parliament can make laws on any matter due to Dicey in ‘Law of the Constitution (1885).’ He said that ‘in theory Parliament has total power.
How effectively does the judiciary protect civil liberties in the UK? The UK judiciary has several methods at its disposal that provide an effective protection of civil liberties in the UK. However, in practice there are several shortcomings that make these protections weak in the face of Parliamentary pressure, which will be demonstrated in this essay. In terms of rights protections, perhaps the most important development in the protection of rights in the UK has been the installation of the European Convention on Human Rights into UK law via the Human Rights Act 1998. This act effectively has provided a concrete document that outlines the rights of citizens.
This essay looks to discuss Parliamentary sovereignty as a constitutional relic and will argue that it has not been rendered obsolete by the supremacy of European law. This will be done by examining the relationship between the United Kingdom and the European Union. It will further argue that although the United Kingdom’s statutory recognition of the Human Rights Act 1998, in response to the convention of HR, may be seen to limit the supremacy of Parliament, it will prove that Parliament still reigns supreme. It will highlight that the doctrine of parliamentary sovereignty is a relevant and crucial doctrine within the United Kingdom’s constitution as it is essential for parliament to enact statutory law. This essay, taking all the above arguments into consideration, will conclude that Parliamentary sovereignty is very much alive within the UK constitution.
Evaluate the impact of European law on English law This essay will outline and discuss the impact of the European Union has over the English law and the decisions made. Parliamentary Sovereignty is what makes parliament the high supreme authority regarding legal issues in the UK and can also create or take away any given law. Parliamentary sovereignty is ultimately the most vital part of the UK constitution; the UK constitution is referred to as being partly written down due to it not really existing in a single test. Parliament over the years have passed laws to limit the application of Parliamentary Sovereignty, these laws include: The human rights act 1998 The UK’s entry to the European Union in 1972 The devolution of power to bodies like the Scottish parliament and welsh assembly The decision to establish the supreme court in 2009, which ultimately put an end to the House of Lords being the final court of appeal. Parliament can still undermine any of the laws which implement these changes, therefore these developments do not fully undermine parliamentary sovereignty.
Court History and Purpose Paper Melody Kibbe CJA/224 November 29th, 2013 Professor Jennifer Martin Abstract Throughout the American History courts have played an important role in our society. Still today courts play a significant part in what we do and how we choose to do things. Without courts innocent people would have no chance to appeal their cases in front of judges, juries and some fellow peers. Sharing with you today I hope gives you a better understanding of a court and its purpose, the dual court system, the role that early legal codes, the common law, and precedent played in the development of courts, and the role of courts in the criminal justice system today. .
The U.S. Constitution established each branch. The role of each branch is very different but each has its own issues that require moral decision-making. It is because of ethics and moral reasoning we have laws, and we continue to need ethics to refine and perfect our legal system (Ruggiero, 2008 pg. 8) Congress is the legislative part of our government, which includes the Senate and the House of Representatives (Truman Library, 2009). The primary role of the legislative branch is to create laws.
A defendant must be represented; however, they do not have the right to choose which counsel they will receive. The attorney must be knowledgeable and competent, but there cannot be any preferential treatment of one lawyer over another based on reputation or perceived abilities of counsel. As long as the attorney has proven to be effective in representing the case, the defendant must be represented by them. Defendants may be able to show just cause about preferring to self-represent, but again, they must show a clear understanding in making the decision to refuse counsel for their case (Tomkovicz, 2002). There are many other limitations of right to counsel, they include the period that is referred to as “noncritical stages”.
Sources of American Law Maria PLA1003 Intro to Paralegal August 16, 2012 It is very useful to learn how to use legal research in our modern society but the basic search that you most know is how to use your primary sources. Primary Source consists on Court decisions, statutes enacted by legislative bodies, rules and regulations created by administrative agencies, presidential orders, and any document establishing the law. Common law and case law consist on decisions and rules developed by judges in cases that comes before the courts and similar tribunals, this law is based on the English legal system; it impacted the law by making the authority to make law where no legislative statute exist, under the common law