Parliamentary procedure can be modified and so it does change over time. For example, the British Parliament has revised its rules of debate several times, even though the changes have not always been major ones (see Redlich 1905; Palonen 2014c; Vieira 2015). Still, those changes can indirectly affect the dynamics of the debates. Another important factor to consider is that the rules of debate can be bent to a certain extent.
No rule or law can cover all thinkable cases or predict future events. Rules can also contain expressions that might seem ambiguous or imprecise in certain situations. In these circumstances, the letter of the law must be related to such broader principles as justice and equity. Laws require judges and courts for the interpretation of legal cases, similar to the rules in, for example, football or other sport needing referees to interpret ambiguous situations. The role of the chairperson in a parliament is comparable to a referee, and sometimes even to a judge (on the use of juridical terms in parliamentary speeches and debates, see Bentham 1843). This does
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Another important point is that, even in live situations, it is very difficult to distinguish complete range of intended or pertinent audiences. For example, during delivery a speaker may allude to other debates by a gesture or even a facial expression that targets a certain audience. However, these may still be lost to some of the audiences, and even to some of the intended receivers for that matter. Textual formulations and the style of performance can certainly provide clues for identifying other debates alluded to by the speaker, implicitly suggested standpoints of the speaker and contradictions as well as compromises between them. But such information can often still be obtained even without having any access to the actual
What in the speech, if anything, suggests the speaker (or his speech writers) had analyzed the audience and adapted the speech to its needs? In the speech from what I have observed suggests either the speaker or the speech writers made it their main objective to entice their audience - meaning to speak on the main
Even the best arguments have no effect on an audience that does not trust the speaker. Many speakers attempt to establish their ethos through mentioning accolades that establish them as experts. While this can build credibility, this type of communication is weaker than one that emphasizes a mutual understanding to create a personal connection. In her opening statement, Quindlen claims that she sees herself as part of the audience (294). She uses
Legislation and the Common law are not separate and independent sources of law. They exist in a symbiotic relationship. Symbiotic relationship refers to the two different sources of legal norms that provide the sum of rules establish system as a whole. (Brodie v Singleton Shire Council (2001) 206 CLR 512, 532 [31])
...re as same as the audience use in their everyday life. Easily connecting to the audience, with visual, audio and performer’s performance” one can imagine himself/herself in performer’s shoes.
... but there must also be some indication in the legislation, its purpose and context showing this intention. The courts’ duty is to ensure that the legislative target is hit and not merely to record that it has been missed, but it must also be careful not to trespass on the separation of powers. If a gap is disclosed in the legislation, the remedy lies in amending the Act.
Parliamentary sovereignty, a core principle of the UK's constitution, essentially states that the Parliament is the ultimate legal authority, which possesses the power to create, modify or end any law. The judiciary cannot question its legislative competence, and a Parliament is not bound by former legislative provisions of earlier Parliaments. The ‘rule of law’ on the other hand, is a constitutional doctrine which primarily governs the operation of the legal system and the manner in which the powers of the state are exercised. However, since the Parliament is capable of making any law whatsoever, the concept of the rule of law poses a contradiction to the principle of parliamentary supremacy, entailing that Parliament is not bound by the Rule of Law, and it can exercise power arbitrarily.
of law has proved to be confusing to both juries and judges due to the
Over the years, different jurisdictions had built their specific system of rules of conduct to govern behaviour. These legal systems, influenced by historical and cultural roots, can be distinguished in two families, the Civil law and the Common law legal systems. The distinctions lies in the process in which each decision is make by the judge and on the legal sources that shapes the law. Indeed, by contrast to the Common law system, which is largely based on Precedents, meaning the decisions that have already been made by judges in similar cases, the Civil law system is based on legislator’s decisions and legal codes with which judges have to justify their judgment . Consequently, instead of referencing to concepts and rules
The UK courts obtain the power to decide whether the governmental authority has acted ‘Ultra Vires’. This ensures they do not act outside limits of their legal power, this includes both formal and substantive grounds. Both proportionality and natural justice are crucial components for judicial review of a case and therefore, formal and substantive elements are required to set out laws. There seems to be no compelling reason that this may not also be the most salient solution for the rule of law, however in my opinion, good procedures are not as rewarding as the laws content when it concerns the publics lives and
INTRODUCTION: Parliament, the supreme law-making body, has unrestricted legislative power, and the laws it passes cannot be set aside by the courts. The role of judges, in relation to laws enacted by Parliament, is to interpret and apply them, rather than to pass judgment on whether they are good or bad laws. However, evidence has shown that they have a tendency to deviate from their ‘real roles’ and instead formulate laws on their own terms. Thus, the real role of a judge in any legal system continues to be a phenomenon questioned by many.
The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.
Judicial review seeks to enforce and uphold constitutional doctrines which govern the UK’s uncodified constitution by scrutinising administrative action. One constitutional function of judicial review is to enforce the rule of law. It can be argued, in defining the rule of law as “negative value...designed to minimised the harm to freedom and dignity which the law may cause in its pursuit of its goals” Joseph Raz characterised judicial review. The principle of which states the executive is to be ruled by the law and subject to it.
I have also learned about different types of audiences and speeches including persuasive, informative, entertaining and delivering special occasion speeches. It came to my attention that whenever I was making these presentations or speeches, I needed to do so with confidence, consistence and practice before the actual presentation and completely eliminate the element of panic. It was also clear that capturing the attention of the audience and engaging them in the whole process, it was necessary to have a very strong introduction and also try and use visuals to deliver the message. It was therefore vital to respect each person’s diversity and cultural values (Lucas, 2011).
In the mouth of a British constitutional lawyer, the term the rule of law seems to mean primarily a corpus of basic principles and values, which together lend some stability and coherence to the legal order.
This type of rule of law is upheld through administrative law and by the practice of judicial review. This states out the fact that ‘no one is above the law’ , although there are some aspects that can undermine this factor. Take for instance the powers of the prime minister who’s powers are based solely on the Royal prerogative which is not subject to judicial