In what respects, if any, has A.V. Diceystripartite definition of parliamentary sovereignty become an anachronism - Free Essay Example

Sample details Pages: 4 Words: 1325 Downloads: 1 Date added: 2017/06/26 Category Politics Essay Type Analytical essay Did you like this example? Introduction A. V. Diceys traditional definition of parliamentary sovereignty cast Parliament as the supreme legislative force in the British constitution.[1] The verdict was given in 1885, prior to many of the pressing constitutional changes of the twentieth century. Don’t waste time! Our writers will create an original "In what respects, if any, has A.V. Diceystripartite definition of parliamentary sovereignty become an anachronism?" essay for you Create order His definition had three aspects. First, Parliament is the supreme law-maker, entitled to formulate and pass any law that it wishes. Second, the supremacy of legislation means that no other constitutional body, including the courts, can question it. Third, no Parliament is able to bind its successors or alternatively been bound by its predecessors. This essay will assess the traditional Diceyan view in the context of modern developments. Parliament as supreme law-maker Parliaments status as the only body able to formulate and pass legislation has its roots in the conflict between the monarchy and the legislature in the seventeenth century, when the king attempted to rule by prerogative. The Bill of Rights that followed in 1689 subordinated the monarchy and the judiciary to Parliaments supreme law-making power.[2] Parliament can even go so far as to pass laws with retrospective force, as it did with the War Damage Act 1965 to deny compensation to an oil company whose installations had been damaged during the Second World War.[3] In the recent landmark case of R (Jackson) v AG,[4] Parliaments ability to use the Parliament Act 1911 to amend the Parliament Act 1949 was questioned in the light of the controversial Hunting Act of 2004. This would have represented an existential challenge to parliamentary supremacy. However, the House of Lords concluded that in fact there were no limits to the type of laws that Parliament could pass using the Parliam ent Acts, except where Parliament had limited itself by limitations in the legislation. It may be argued that the trend towards devolution does in fact serve to undermine Parliaments supreme position. However, it is perhaps truer to say that devolution limits Parliaments jurisdiction rather than its authority. The most powerful devolved body, the Scottish Parliament, has carved out powers over many areas including health policy and criminal justice, but can scarcely be regarded as a rival to a Parliament whose authority delegated those powers in the first place.[5] In the light of the recent independence referendum the Scottish Parliament will expand its remit further, but will not be able to overrule Westminster where the UK Parliament retains jurisdiction.[6] Deference to Acts of Parliament The deference of the executive and judiciary to Parliament is underpinned by the Bill of Rights 1689, which drastically reduced monarchical power and prevented the courts from overruling statute with common law.[7] The House of Lords in Jackson was keen to stress that while it was free to interpret the wording of the Hunting Act 2004, it could not question the standing of Parliament by challenging the law itself with reference to the earlier Parliament Acts. Although the case was controversial, the House of Lords approach in fact neatly illustrated the supremacy of Acts of Parliament. Unlike the US system, there can be no recourse to a supreme court to plead on the unconstitutional nature of legislation. Indeed, the traditional view of supremacy was confirmed in the case of Pickin v British Railways Board,[8] in which the House of Lords had declared that the courts had no power to challenge the validity of an Act of Parliament (this is sometimes known as the enrolled bill rule). Arguably, the only challenge to the validity of Acts of Parliament now emanates from the European Union, whose Court of Justice can strike down Member State legislation which does not accord with EU primary legislation. This was evident in the infamous Factortame case[9], in which it was held that the UKs Merchant Shipping Act 1988 à ¢Ã¢â€š ¬Ã¢â‚¬Å" designed to prevent Spanish trawlers from fishing in British waters by registering their boats as British à ¢Ã¢â€š ¬Ã¢â‚¬Å" was invalid because it derogated from EU law, which is supreme over national law. For the UK Parliament this painfully illustrated the vulnerability of Acts of Parliament to scrutiny by an outside body.[10] However, it is doubtful that the episode presents an existential challenge to parliamentary supremacy because at any time Parliament could itself extricate itself from EU scrutiny by legislating to leave the European Union. Nor does the Human Rights Act 1998 pose a real challenge to supremacy. As one com mentator points out, Parliament is free to choose not to amend a provision of the Act even when it has been declared incompatible with the European Convention on Human Rights by a judge.[11] The principle of binding successive parliaments It has been suggested on the basis of constitutional nature of the European Communities Act 1972 à ¢Ã¢â€š ¬Ã¢â‚¬Å" which incorporates the law of the EU into the domestic law of the UK à ¢Ã¢â€š ¬Ã¢â‚¬Å" that in practical terms Parliament is not free to repeal all the legislation of its predecessors.[12] In Thoburn v Sunderland City Council,[13] Lord Justice Laws suggested that there were a variety of so-called constitutional statutes (including the ECA 1972) that Parliament could only expressly repeal, but not impliedly. On the face of it, this seemed to produce a measure of uncertainty both with regard to which statutes were in fact constitutional statutes, and whether implied repeal could be challenged in the courts. In fact, given the established convention that the courts cannot question the validity of Acts of Parliament (including those that repeal previous Acts), it is doubtful that even implied repeal could give rise to conflict. In any event, Parliament could simply legislate to expressly repeal certain statutes such as the ECA 1972 that were regarded in Thoburn as constitutional. Further, it is doubtful that executive dominance (the so-called elective dictatorship) could compromise the principle of not binding successor Parliaments because the executive does not have statutory tools at its disposal that could override Acts of Parliament. Conclusion There is no doubt that certain constitutional developments of the twentieth and first part of the current century, particularly in relation to the UKs membership of the European Union and the tendency towards devolution in Scotland, Wales and Northern Ireland, have provided a series of challenges to the traditional Diceyan view of parliamentary supremacy. Nevertheless, in practice the three elements that Dicey espouses have held up remarkably well, and it will be intriguing to see if this continues. Bibliography Case Law Burmah Oil v Lord Advocate [1965] AC 75 HL Edinburgh Dalkeith Railway Co v Wauchope (1842) UKHL J12 Pickin v British Railways Board [1974] AC 765 HL R (Jackson) v AG [2005] UKHL 56 R v Secretary of State for Transport ex p. Factortame [1990] UKHL 7 Thoburn v Sunderland City Council [2002] EWHC 195 Legislation European Communities Act 1972 Human Rights Act 1998 Parliament Act 1911 Parliament Act 1947 War Damage Act 1965 Secondary Sources Allen, M. Thompson, B. Cases and Materials on Constitutional and Administrative Law (10th ed, OUP, 2011) Bell, C. Constitutional transitions: the peculiarities of the British constitution and the politics of comparison in Public Law (2014) July, 446-71 Dicey, A. V. An Introduction to the Study of the Law of the Constitution (Elibron, 1982) Judge, D. The Parliamentary State (OUP, 1993) Smyth, D. Reeling in the years à ¢Ã¢â€š ¬Ã¢â‚¬Å" the Factortame saga in Practice and Procedure (1999) Dec 85-6 Tomkins, A. Public Law (2003, OUP) Unauthored case comment, Constitutional law: status of the ECA in Public Law (2002) June 351 Footnotes Albert Venn Dicey, An Introduction to the Study of the Law of the Constitution (Elibron, 1982) 37-82 David Judge, The Parliamentary State (OUP, 1993) 20 Burmah Oil v Lord Advocate [1965] AC 75 HL [2005] UKHL 56 Christine Bell, Constitutional transitions: the peculiarities of the British constitution and the politics of comparison in Public Law (2014) July, 446-71 Charles Livingstone, Constitutional debate rumbles on after No vote in In-House Lawyer (2014) Nov 53-55 Michael Allen Brian Thompson, Cases and Materials on Constitutional and Administrative Law (10th ed, OUP, 2011) 55 [1974] AC 765 HL; this was a restatement of a position in Edinburgh Dalkeith Railway Co v Wauchope (1842) UKHL J12. R v Secretary of State for Transport ex p. Factortame [1990] UKHL 7 David Smyth Reeling in the years à ¢Ã¢â€š ¬Ã¢â‚¬Å" the Factortame saga in Practice and Procedure (1999) Dec 85-6 Adam Tomkins, Public Law (2003,OUP) 122 Unauthored case comment, Constitutional law: status of the ECA in Public Law (2002) June 351 [2002] EWHC 195

Essay on Book Review Common Sense Economics - 1161 Words

Oha1 Amanda Oha PPOG 502 Dr. Stewart Book Review: Common Sense Economics The book, Common Sense Economics written by James D. Gwartney, Ricahrd L.Stroup, Dwight R. Lee, and Tawni Ferrarini, gives a simple insight for reader into the inner workings economics in a common sense terms. The main point of the book is that to have economic success comes from low interference from the government, the motivation of individuals, and competitive markets. In the beginning of the book, the authors of the book started to breakdown this message of economics by explaining to the readers the twelve key elements of economics. 1. Incentives matters 2. There is no such thing as free lunch 3. Decisions are made at the margin 4.†¦show more content†¦They explained that: â€Å"Changes in incentives influence human behavior in predictable ways†. The main point of this concept is that the more attractive an option is the more likely an individual to choose it. Another point that they also focused on was the fact that if a partic ular product more costly, the more unappealing it will become to the consumer. They used examples such as employees will worker harder if they feel that they will be greatly rewarded or a student will study material that they feel will be on an Oha3 exam. This concept also can be correlated with political process as well. It is explained that citizens will vote for candidates will benefit them in their own personal lives. The second important concept was â€Å"There is no such thing as a free lunch†. This concept is built based upon human desire for good being unlimited and the limited resources to match that could not possible match those resources. This is relates to the theme of opportunity costs. This means that the choice of one thing, but you must sacrifice the opportunity to do another thing. There are opportunity costs with producers with the cost of outputting quality goods and adhering to regulations put on by the government. The next concept is â€Å"Decisions are made at the margin† this meant that individuals wanted to get the most out their resources. You want to have most benefits out your actions. One thing that the authors put emphasis on is the fact that allShow MoreRelatedCapital Analysis : Capital And Income Inequality Essay1743 Words   |  7 PagesAs a Economics book, The book Capital in the Twenty-First Century is written for all Economics scholars and Econ major students all over the world. Since the book is mainly talking about the wealth and income inequality in the United States and Europe since the 18th century, it is a great reference for scholars who is writing papers about wealth distribution and income inequality. In addition, since the book was announced to be made into a documentary movie, it will be an original reference for thoseRead MoreDomestic Marital Abuse Against Women1697 Words   |  7 Pagestheir economic status. Behaviors that are adopted by a person to control their partner in a relationship refers to domestic violence. Domestic violence against women particularly marital abuse in United States compared with India is what this paper is going to be based on in order to obtain notions from various perspectives. One must have thought of at least 3 women you know who have been abused. So would this be considered a global epidemic? Maybe yes, maybe no. Violence by a partner is common in theRead MoreSources Of Law : Neil Boyd905 Words   |  4 Pages SOURCES OF LAW: Neil Boyd said in this book that in any lawmaking, a law is a power with a political compromise. He further says the law is a prize that various political actors seek within a terrain of social, political, and economic conflict. It is honest that while describing sources of legal philosophy, three backdrops such as struggle, compromise, and councils must consider (Boyd 2015 p. 50). It is Canada’s current legal system stems from various European system by explorers and colonistsRead MoreThe Functions Of The Executive By Chester I Essay1518 Words   |  7 PagesThe book I chose to review for this assignment is entitled The Functions of the Executive by author Chester I. Barnard. This book is one of the first to provide a complete theory of cooperative behavior in the formal organization. Before this book, Bernard realized that most of the management theories were incomplete and stated that to administrate is to plan, organize, integrate and measure etc. But some of the most basic questions about management and organizations were left untouched such as whyRead MoreEssay on Review of Freakonomics1663 Words   |  7 PagesReview of Freakonomics This chapters main idea is that the study of economics is the study of incentives. We find a differentiation between economic incentives, social incentives and moral incentives. Incentives are described in a funny way as means of urging people to do more of a good thing or less of a bad thing, and in this chapter we find some examples Ââ€"publicRead More The Harlem Renaissance Essay1513 Words   |  7 PagesUrban League hosted a dinner to recognize the new literary talent in the black community and to introduce the young writers to New York’s white literary establishment. The National Urban League was founded in 1910 to help black Americans address the economic and social problems they encountered as they resettled in the urban North . Because of this dinner, The Survey Graphic, a magazine of social analysis and criticism that was interested in cultural pluralism, produced a Harlem issue in March 1925.Read MorePrice Discrimination : The Only Type Of Good Discrimination914 Wo rds   |  4 Pagesdiscrimination is common term used throughout the economics realm. In a perfect economic world, one price would fit all, however, we are not nor will we ever be in a perfect economical balance. Price discrimination takes on many different titles but can be defined by one simple statement of selling the same product to separate individuals for a different price (Elegido 633). Many consumers may identify this as being an unlawful act of discrimination, however, in the economical sense it is a lawful wayRead MoreSeason Your Data with Theory and Common Sense in Nate Silvers Book, Signal and The Noise1343 Words   |  6 Pagespresented twelve supply chain forecasting lesson from â€Å"The Signal and The Noise.† The Signal and The Noise book is about the overwhelming proliferation of data and how so much of that data can produce more noise (garbage) than the signal (truth). The book told us how to find the truth amidst all the noise and the value of seasoning your data with theory and common sense. The author of the book, Nate Silver, provides a number of practical lessons that are extendable and very applicable to supply chainRead MoreDe Soto, A Revolutionary Mind Empowering A Force Of Management1450 Words   |  6 Pagesproperty through his adaptive alliance with the Institute for Liberty and Democracy. De Soto’s influence has been seen in full through his integrated role amongst the Institutes: †¢ Control of conflict and terrorism amongst a planned coordination of economic refuge. †¢ Deliberation and success supporting the development of segmented laws for multiple â€Å"third world† areas around the equator. - Aid in origin of De Soto’s heritage (Peru) was a major priority in his effort towards reaching success. †¢ DevelopmentRead MoreMental Health Stigma, Discrimination, and Prejudice1712 Words   |  7 Pagesthose labeled to adverse attributes. Third is when labeled individuals are placed in distinguished groups that serve to establish a sense of disconnection between US and THEM. Fourth is when labeled individuals experience status loss and discrimination that leads to unequal circumstances. In this model stigmatization is also conditional on access to social, economic, and political power that allows the identification of differences, construction of stereotypes, the separation of labeled persons

How does Browning in Porphyrias lover and Laboratory convey the workings of a diseased mind Essay Example For Students

How does Browning in Porphyrias lover and Laboratory convey the workings of a diseased mind Essay Browning conveys the workings of a disease mind in Porphyria and Laboratory in various ways as he uses personification in both poems to underline the emotions of the character. Both of the poems are dramatic monologues which give us the audience a clear insight into the killers warped minds and also convey the emotions of the protagonist in the Laboratory and Porphyria which is conveyed in a melodramatic way in the 19th century as both poems were written at that time. Brownings audience enjoyed these poems very much as horror was a popular genre for the Victorians. The Laboratory is a poem which describes the jealousy of a woman and how a human mind could do wicked things to achieve what they desire for. Whereas in Porphyria which is quite similar to the Laboratory shows how control between two lovers lead to death. In stanza one of the Laboratory there is an evil atmosphere being described, devils smithy who is the apothecary and when Browning connects it to the devil it conveys evil. The apothecary seems to be preparing deadly fumes from arsenic smokes curling whitely which suggests that arsenic is poison which creates a more evil atmosphere as it shows that something gruesome is going to happen. However in Porphyria, the atmosphere is at a stormy location where the weather describes the lovers mood anger. Sullen wind soon awake suggests how the wind is strong, fierce like a person who is angry. Browning cleverly uses pathetic fallacy and personification to convey the lovers mood through the weather. In The Laboratory the jealousy from the diseased mind is developing as the person is appearing paranoid by the repetition of they which could suggest that the protagonist is mentally unstable and insane as you could imagine an insane person talking like that. The person is also thinking a lot about what they are thinking which shows that they seem to be nameless. Also on line three of stanza two Browning cleverly uses repetition, laugh at me then at me shows how an unstable person thinks. However in Porphyria the lover is more of a stable person as in line 5-6 I listened with a heart fit to break this could suggest that the lover is madly in love and feeling good that his love has come back, however I distinguish it as though he is ready to snap and is unstable. Fit to break could mean the he is ready to snap. Browning clearly establishes how much jealousy is within the protagonists mind in The Laboratory as theyd rather be observing how the poison is made than go where man wait me and dance at the kings suggests how the protagonist is ready to inflict the pain upon the rival rather than be in the presence of the kings. Also in this stanza Browning uses alliteration to convey the harshness of the protagonist grind, moisten and mash up thy paste also shows how the protagonists mind is thinking of painful words which also shows how the diseased mind is getting a sense of enjoyment from watching the apothecary I am in no haste which evokes that the person is not in a hurry and the mind is very unstable. However in Porphyria there is no sense of harshness, just a lot of melodrama which entice the Victorian audiences. Everything in this scene seems to be calm and passionate when Porphyria walks in she shuts the cold out and the storm evoking the idea that her presence has created calm in the cottage and the atmosphere begins to lighten up. She then blazes up the fireplace, and all the cottage warm which is significant because she just changes the atmosphere through her presence and also she is in control over fire blaze up. Shes also being described for a high class background soiled gloves which shows us that soiled gloves in the 19th century was only worn by high class people. In the Laboratory Browning shows how the protagonist is interested of what pain her poison will inflict her victims. The poison seems to be very valued as it is described as gold oozing which is very precious shows how poison is precious to the protagonist. The poison is also being described as soft phial for which the poison will be placed in. This is a bottle where in the 19th century was known as a common bottle where poison is stored. Then the way the poison is being described for the victims sure to taste sweetly evokes the idea that the protagonist is being sarcastic but at the same time you can feel that she has some control over the victims. This is linked to Porphyria as there is no intention of death approaching. As they are making love Porphyrias lover starts to think whether shes cunning or not while I debated what to do this conveys how in the middle of love the diseased mind switched and the thoughts made him want to kill the lover of his life. Contemporary Poetry And Nature EssayBrowning clearly shows in the laboratory the murderer is surprised by the small quantity of poison what a drop! Shes not little which conveys that her intended victim is not small and dainty like herself. Her intentions are to trap her lover as she believes that he is week so that he could see the victim suffer ensnared him which shows how unstable and crazy her mind is once again. This links in Porphyria as her lover thinks that she is week because her eyes are set on him mine, mine, fair which shows that she belongs to him whereas the protagonist in the Laboratory her lover is week. In contrast of the two poems the hatred is increasing rapidly of the protagonist in the laboratory as she remembers seeing her victim the previous evening with her lover whispering for only last night, as they whispered which creates an impression that she has been following them and shes always watching out for them. Then she stared them down hoping that the power of her concentrated hatred would shrivel her rival but she never felt scared but then the poison she has brought would do the trick shriveled, she felt not, yet this does it all this conveys that she is desperate to kill her victims who are Pauline and Elise. However in Porphyria her lover is just about to kill her as he doesnt want her to feel pain no pain felt she which shows how obsessed he is about Porphyria In stanza ten of the laboratory the murderer doesnt care whether she gets caught or not all she wants is to see her victims suffer let death be felt and the proof remain. Then she uses evil words saying brand, burn up, bite into its grace shows that she want the poison to burn of their beauty which she is jealous of, she really wants her rivals to suffer. Therefore to make it worse she want the man she had lost to remember his lovers dying face he sure is to remember her dying face this evokes how extreme the protagonist is going to get her revenge which I think is horror-struck. However in Porphyria her lover uses her hair to kill her so he made sure she felt no pain I am quite sure she felt no pain which once again shows how their minds are terribly unstable. And after she had died he opened her lids and laughed at the blue eyes without strain which conveys that she never felt pain, she died peacefully. And to make it gruesome he kisses her when she is dead burning kiss which shows how much he had loved her but makes us the audience wonder why would he do this. The protagonist is in control as her victims in the laboratory are close to have the poison it kills her. She also shows no remorse if it hurts her, can it ever hurt me which conveys that she has met her main aim whole fortunes fee and she will be getting got rid of the victims she so much wanted to kill. Whereas in Porphyria her lover is in control now whereas she was in control before I propped her head up as before shows he is in control now. Also her lover has no remorse for her as he believes he has done what she wanted her darling one wish could be heard. Finally the protagonist is ready for her murderous mission in the laboratory she also seems to be from a higher class take off all my jewels which coveys that people in the 19th century are from a higher class if they have jewelry. Shes very optimistic as she would be dancing at the kings which shows that she wants to be the attraction rather that her rivals. However in Porphyria her lover still wants to be together with her although she is dead we sit together now which gives us a sense that he believes in life after death. This shows that he is still in love with her although she is dead. In conclusion Browning uses many techniques to empathize the characters emotions in many ways such as rhyming couplets which is the language of love, rhetorical questions, and a lot of alliteration. But overall I think as an audience Porphyria was the most effective poem as it is a melodramatic play which would attract many audiences and most importantly it keeps the reader thinking as to what is going to happen to the character.