Public Law Assume the following facts. The Labour government elected in 1997 was committed to the creation of regional assemblies- a policy that was strongly opposed by the Conservative Party. A Lancashire assembly was created by the enactment of the Lancashire Assembly Act 2001. At the general election of May 2005 the Conservative party was retuned to power with a small majority of seats in the House of Commons over the combined opposition parties. It is committed to the abolition of regional assemblies. It appears that, in order to establish the Lancashire Assembly on a firm footing, the labour government had introduced a provision in the 2001 Act- Section 13- for the purpose of preventing its repeal. Advise the Conservative Prime minister (who wishes to secure the immediate repeal of the Lancashire Assembly Act) on the basis that section 13 is set out in the following alternative terms; 1. “The Act of Parliament may never be repealed” 2. “This Act of Parliament may not be repealed for a period of at least 10 years from the date of its entry into force” 3. “This Act of Parliament may be repealed only if the repealing measure gains a two thirds majority on its third reading in the House of Commons” 4. “this Act of Parliament may only be repealed if, in addition to gaining the assent of the crown, The House of Lords, and the House of Commons, the repealing measure has the written assent of three-quarters of the residents of Lancashire” Furthermore, if the Lancashire Assembly Bill had contained any of the above provisions, would the que... ... middle of paper ... ...t into power. And such an act against the will of the people would cause contreversy on the mere existance of the crown. Conventions embrace the idea that the Sovereign usually acts on the advice of his or her ministers. Since these ministers most often maintain the support of Parliament and are the ones who obtain the passage of bills, it is highly improbable that they would advise the Sovereign to withhold Assent. Hence, in modern practice, the Royal Assent is usually granted; a refusal to do so would only be appropriate in an emergency requiring the use of the monarch's reserve powers. --------------------------------------------------------------------- [1] According to the Alternative view Acts of Parliament can be challenged by the courts and some rendered invalid. As could be the case in this instance.
Public Law Constitutionalism is the organisation of power within a government to prevent the over-centralization, and possible abuse of state power. Hence, by doing so, upholding the fundamental civil rights of the public. Such beliefs may be manifested within a written document-a constitution, which aims to enact these beliefs by outlining certain terms which the government formed must adhere to. Such terms may address the distribution of power within a government by specifying the organs
kind of power, statutory or prerogative, will be reviewable. English courts are responsible to handle the manner of the exercise of a public power, in relation to its scope and its substance. In order to achieve this, the Courts will rely on legislative intention an area with a lot of academic debate, those in favour of the ultra vires theory and those of the common law theory. Whether this legislative intention is a convincing constitutional justification will be based on the grounds of judicial review
Public Health Law is needed and is essential to establishing structure when it comes to providing effective public health services. Public health laws, polices and regulations assure that the public health receive the best health cares services available. The purposes for public health law are protecting and promoting health and ensuring the protection of rights of individuals in the processes used to protect and promote health. These purposes are the basis for what public health law is and should
Public Interest Law I was told that my desire to enter the field of public interest would wane after my first year of community service. On the contrary, the realization of the power which a lawyer possesses has reinforced my desire to enter this arena. An advocate's work can have far reaching consequences. This is clearly true in public interest law, where the purpose is not simply to correct a wrong done in the past between two parties, but to alter the disparate treatment of an often under-represented
Public International law International law contains of rules and principles, which preside over the relations and communication of nations with each other. International Law that is in most other countries referred to as Public International Law concerns itself only with questions of rights among more than a few nations or nations and the citizens or subjects of other nations. In dissimilarity, Private International Law deals with controversies among confidential persons, natural or juridical, arising
Introduction: Business law, likewise regularly known as business law, is made up of standards, statutes, codes and regulations that administer business connections. Those connections could be either business-to-business or business-to-shopper. Where a business has abused business law, and that violation has brought about damage, shoppers, organizations or contenders can record claims against the culpable gathering, or gatherings, in an endeavor to recuperate their misfortunes. Business law blankets a wide
Law with regards to public health is a tool used to influence the norms for healthy behaviors whereas, public health deals with preventing and promoting whiles protecting the health of the people in a community including workplaces, schools and homes. Therefore, combining these two concepts (public health + law) gives regulations, decrees, agency rules and administrative and judicial rulings intended to benefit the health of defined populations. Having said that, its derivation is clearly seen in
between public law and private law, including the difference between criminal law and tort law. The difference between public law and private law is that each govern two different types of individuals. Public law deals with citizens, companies, and state issues. Private law deals with contracts and obligations. This is the main difference between these two laws, but they also differentiate in the laws they obtain. For example public law has constitutional law, administrative law and criminal law. As
Acts of Parliament as Public Law Acts of parliament are considered to be the highest form of law in England. The reason for this is constitutional. Under England's unwritten constitution, parliament is seen as sovereign. As a result, its enacted will, in the form of Acts of parliament, cannot be challenged in the courts. However, in practice there are legal, political and moral limitations on this sovereignty, which will be discussed in some detail in the following pages. An act of parliament
Introduction Public International Law is known to be a set of rules and norms generated and set by sources that are ought to be read, accepted, recognised, and signed by all states, and used as a boundary between these states. This essay will analyse the different sources of Public International Law, and identify their strengths and weaknesses, and how they differ from the sources of Law made and implemented in Australia’s law system. Sources of law are basically the origin or authority by which
International Law is increasingly becoming recognized as an essential component of global politics and policymaking. One such area is Public International Law. The legal dictionary defines Public International Law (PIL) as ‘A body of legal rules that apply between sovereign states and other entities having international personality’. Article 38 of the Statute of the International Court of Justice classifies the following as sources of PIL: international conventions, whether general or particular
being public international law one of the ways to . It could be said that public international law is one of those important efforts that promote the defence and implementation of human rights and help to its development. This essay will define the concept of public international law, how it is this connected with human rights, and what is the importance of that connection with the application of human rights in the reality. To begin with, it is important to define the concept of Public international
We Need Additional Gun Control Laws to Ensure Public Safety On April19, 1999, 7-year-old Nafis Jefferson was shot and killed with a .44-caliber revolver, a Rossi Model 720, while playing with friends along a street in his South Philadelphia neighborhood. Children found the gun stashed under an abandoned car parked along the street. One of the children, also a 7-year old boy, picked up the gun and fired it, hitting Nafis in the head. Nafis died six hours later at the Children's Hospital of Philadelphia
Public Interest Law I first witnessed the power of the individual to engender change as a high school graduate in the summer of 1990. I was one of 10 American youths, chosen from a nationwide pool of applicants, to join 10 Soviet youths on a river rafting expedition in Siberia with Project RAFT (Russians and Americans for Teamwork). For three weeks we worked side by side, literally dependent on cooperation and mutual trust for survival. In the evenings, while sitting in a circle around glowing
Public order denotes keeping the public safe and keeping things orderly. Public order laws are laws that are created to stop riots, violent behavior and other activities or behaviors that can lead to serious public harm. Individual rights involve protecting an individual's right to do something regardless of its potential impact on public harm. An example of an individual rights law would be the law of free speech. In the United States, citizens are allowed to speak freely because of the first amendment