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British political system short note
Parliamentary system research paper
Parliamentary system research paper
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Legislative Competence
Name
Institution
(a) Legislative Competence
Legislative competence is the ability and the capacity of an institution or a body to make laws in accordance with the legal authority it possesses. Further, it involves all activities from the formulation to the creation of the laws and rules and includes the authority to change, promote or monitor the application of the created rules/laws. The legally competent institution observe all levels of the promotion and monitoring critically to ensure effective implementation and application of the laws. The levels range from the local to the national level and may involve the development and codification of the international law regarding its areas
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The Assembly will apply the reserved model in accordance with the law, and thus the devolution of different aspects will be aligned with its legislative competence. All sectors or things that are not reserved in the country will be devolved and the Assembly will have the authority to create laws that govern such areas. Moreover, the Assembly will acquire additional powers in the devolution of sectors such as the transport, energy, and the environment sector. Executive powers initially maintained by the Wales’ Secretary of State will be bestowed upon the Assembly. Additionally, the command paper recommends the extension of Assembly legislative competence powers to include fully-fledged legislature on matters of devolution. More powers will be added on the legislative competence of the National Assembly of Wales as presented in the command …show more content…
Gillespie, A., & Weare, S. (2015). The English Legal System. Oxford, United Kingdom: Oxford University Press.
Great Britain Parliament House of Commons; Welsh Affairs Committee; Great Britain Parliament House of Commons. (2010). Proposed National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010, relating to sustainable housing : sixth report of session 2009-10 : report, together with formal minutes, oral and written evidence. London: Stationery Office.
HM Government (2015) Powers for a Purpose: Towards a Lasting Devolution Settlement for Wales, February, Cm. 9020.
Legislation.gov.uk. (1998). Legislative Competence: Scotland Act 1998. Retrieved from Legislation.gov.uk: http://www.legislation.gov.uk/ukpga/1998/46/section/29
The Supreme Court. (2015). The Supreme Court. Retrieved from The UK Supreme Court: https://www.supremecourt.uk/results.html?q=Agricultural%20Sector%20%28Wales%29%20Bill%20%E2%80%93%20Reference%20by%20the%20Attorney%20General%20for%20England%20and%20Wales%202014
Thirlway, H. W. (2014). The sources of international law. Oxford, United Kingdom: Oxford University
R N Howie and P A Johnson, Annotated Criminal Legislation NSW, 2011-2102, (Lexis Nexis Butterworths 2012) 17769-1774
-Common Law: the “law of the land”(Pool 127), which was built up over many centuries
9. Woodgate, R., Black, A., Biggs, J., Owens, D. (2003). Legal Studies for Queensland, Volume 1, ForthEdition, Legal Eagle Publications: Queensland. 10. Woodgate, R., Black, A., Biggs, J., Owens, D. (2003).
(1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall...
Refusing to make the declaration, the House of Lords upheld that the 1949 Act has been sanctioned validly using the 1911 Act, and that the Hunting Act had been approved using the modified process. It was affirmed...
The Incorporated Council of Law Reporting for England & Wales. - Counsel [24] See footnote 22 – but page 61 [25] GEOFFREY, Marshall, Constitutional Theory, Clarendon Law Series, Oxford 1971 Chapter1 – the Law and the constitution, part 3. Dicey’s doctrine and its critics. [26] REGINA v HER MAJESTY'S TREASURY, Ex parte SMEDLEY, [COURT OF APPEAL], [1985] Q B 657, 19 December 1984, (c)2001 The Incorporated Council of Law Reporting for England & Wales [27] MITCHELL, JDB, Constitutional Law, 2nd edition, Edinburgh, W Green & SON LTD, 1968, Convention, page 31 [28] See footnote 22 but page 64
On one hand, political constitutionalists argue that parliamentary sovereignty is the underlying principle in the British constitution as power and law making are bo...
Introduction This submission will discuss the problems created by the Doctrine of Judicial Precedent and will attempt to find solutions to them. Whereas, English Law has formed over some 900 years it was not until the middle of the 19th Century that the modern Doctrine was ‘reaffirmed’. London Tramways Co. Ltd V London County Council (1898). Law is open to interpretation, all decisions made since the birth of the English Legal System, have had some form of impact whether it is beneficial or not The term ‘Judicial Precedent’ has at least two meanings, one of which is the process where Judges will follow the decisions of previously decided cases, the other is what is known as an ‘Original Precedent’ that is a case that creates and applies a new rule. Precedents are to be found in Law Reports and are divided up into ‘Binding’ and ‘Persuasive’.
One of the most influential and celebrated scholars of British consistutional law , Professor A.V Dicey, once declared parliamentary soverignity as “the dominant feature of our political insitutions” . This inital account of parliamentray soverginity involved two fundamental components, fistly :that the Queen-in-Parliament the “right to make or unmake any law whatever” and that secondly “no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.” . However this Diceyian notion though an established principle of our constitution now lies uneasy amongst a myriad of contemporary challenges such as our membership of the European Union, the Human Rights Act and a spread of law making authority known as ‘Devolution’. In this essay I shall set out to assess the impact of each of these challenges upon the immutability of the traditional concept of parliamentary sovereignty in the British constitution.
This exercises the idea of independence within ‘different functions of government’; it is represented by the legislature, the executive and the judiciary. Separating the three prevents a dangerous occurrence where power is entirely centralized in one group.... ... middle of paper ... ... Carl F. Stychin and Linda Mulcahy, Legal Methods and Systems, (4th edn, Sweet & Maxwell 2010).
Secretary of State for the Home Department (Respondent) v. K (FC) (Appellant) Fornah (FC) (Appellant) v. Secretary of State for the Home Department (Respondent) [2006] UKHL 46
It has been established by the courts that the creation of new prerogative powers cannot be done. In the case of BBC v Johns [1965] it was held that the Crown cannot extend the scope of the existing prerogative. However it was held by the courts that it may be possible to adapt existing prerogatives to new situations. The case of R v Secretary of state for the Home Department, ex parte Northumbria Police Authority [1989] held that old prerogative can be modified to new circumstances. Judicial review of the Royal prerogative can control the powers of the executive.
United Kingdom is a country with a distinctive set of legal system. It is fairly different from other countries having civil law based legal systems. The legal system in the United Kingdom consists of various sources of law, where other civil law based countries rely only on a written set of law. European influences on the English Legal System came much later in near decades. This essay will aim to examine the development of the English Legal System by reviewing applications of various sources of law in the English Legal System furthermore to discuss the recent European influences on the law of England.
It is a greatly debated issue as to the level of Legislative Supremacy or ‘Sovereignty’ that Parliament both has and exercises. Within the roles of Parliament includes the making of laws, by enacting statutes, which subsequently are enforced by courts for citizens to follow. I will be evaluating to what extent this sovereignty has been rendered obsolete by the supremacy of EU law and also the UK’s statutory recognition of human rights. Should we still consider this doctrine of Parliamentary sovereignty as a powerful relic or has it yielded under the power of other authority.
The courts of England and Wales acknowledge that the above must be something of value, in order to amount to consideration. A valuable consideration in the perspective of the English La...