The doctrine of parliament sovereignty has been regarded as the most fundamental element of the British constitution. It can be summarised in three points: that parliament has the power to make any law they wish; that no parliament can create a law that a future parliament cannot change; that only parliament can change or reverse a law passed by parliament. Parliamentary Sovereignty thus gives unconditional power to the Westminster Parliament. A.V. Dicey describes it as ‘the dominant characteristic of our political institutions',and ‘the very keystone of the law of constitution'.
Criminal Procedure and the Constitution - The U.S. Constitution and Due Process Judicial Review - what does that mean? where does it begin? where does it end? any specific examples, case law? Judicial review doctrine was established in order to stem the tyranny of the influential under which legislative and executive actions are subject to review by the judiciary.
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.
Explain the relationship between Hayne’s argument and the Virginia and Kentucky Resolutions of 1798. Hayne argued that states should have the right to decide what is best for their state, even if it means opposing the federal government. In the Virginia and Kentucky Resolutions, they state that “the States who are the parties thereto have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits the authorities, rights, and liberties appertaining to them”. In the Kentucky Resolution, it states, “that the government created by this compact was not made the exclusive or final judge of the extent of the power delegated to itself, since that would have made its discretion, and not the Constitution, the measure of its powers;… each party has an equal right to judge for itself”. These two resolutions support Hayne’s argument.
Discuss the meaning of justice and consider whether justice is achieved in English Law (30 marks) There is an argument within the English Legal System as to the degree of convergence between law and Justice and its effects on the system. Law is a set of standardised procedures that regulate society and enforce basic rights. It was defined by John Austin as ‘the command of a sovereign enforced by a sanction’ and by Sir John Salmond as ‘the principles used in the administration of justice’. Laws are created by Parliament (the sovereign power). An example of a law created by Parliament is s.18 GBH under the Offences Against the Persons Act 1861 which carries a sanction of up to life imprisonment.
What are some historical origins of a civil law legal system? Civil law (or civilian law) is a legal system originating in Europe, intellectualized within the framework of late Roman law, and whose most prevalent feature is that its core principles are codified into a referable system which serves as the primary source of law. This can be contrasted with common law systems whose intellectual framework comes from judge-made decisional law which gives precedential authority to prior court decisions on the principle that it is unfair to treat similar facts differently on different occasions (doctrine of judicial precedent; stare decisis) 3. Identify the historical origin of a common law legal system. England is the origin of the common law that exists in the U.S...
The Constitutional Reform Act was intended to represent a separation from the traditional “fusion” model of the UK Constitution and towards a “more explicit separation of powers”, The Relations between the executive and judiciary would therefore be governed by the Act itself. Traditionally, the judiciary’s overall task was administration. However, it has developed which entailed a minority of the judiciary having political importance. One of the most significant developments which have been made is the introduction of the Human Rights Act which came into force in 2000. It also incorporated The European Convention on Human Rights into UK law.
Presumption is evidence that indirectly proves a fact. In Presumption a conclusion must be made while in an inference a conclusion may be drawn. 8)What is the function of judicial notice? Judicial notice refers to items that are commonly recognized as fact by court which is nonevidence facts that are introduced in jury trials as judicial instructions. Legislative Facts- Can be subdivided into three areas, legislative history of a relevant statute, interpretation of nonlegal facts used in a relevant legislative process, and information about the impact of extant law.
Literal Rule - The Literal Rule in a stature are clear and unambiguous, and it must be given its exact or ordinary meaning when used in court, regardless of the outcome. It is understood that this can lead to the setting of statutes. When an absurd of perverse decision is made, the obligation is on parliament to set the record in place and not that of the non elected Judges or
John Locke: State of Nature, Social Contract, government protects life, liberty & property Harold Lasswell: “Who gets when, where and what?” $$$ David Easton: authoritative allocation of values. Symbolism Magna Carta- taxation with consent Representative Institutions: British Parliament, colonial legislatures Religious toleration: idea that we can agree to disagree on very important things. Who wrote the Declaration of Independence? Types of government: Unitary, Confederation, Federal. What is federal supremacy?