Parliamentary Sovereignty

Question: Evaluate whether Parliament is sovereign, giving consideration to judicial power and the effect of the European Convention on Human Rights (ECHR) on the law of England and Wales. Answer: Introduction The Doctrine of Parliamentary Sovereignty is ingrained in the British Constitution; however, this is no longer absolute as the concept is evolving.[1] Historically, parliamentary sovereignty was held above all else[2] with the exception of the Doctrine of Implied Repeal as exemplified in Vauxhall Estates v Liverpool Corporation[3] where a future legislative assembly could not be bound by a sitting one through statute. Consequently, it is a logical assumption is that the judiciary cannot challenge the sovereignty of parliament as it has unlimited legislative powers superseding the courts.[4] In exercise of their judicial powers, courts have elicited great discourse on the impact of the Human Rights Act 1998 (HRA) and the European Convention on Human Rights (ECHR) on the parliaments supremacy. It is, therefore, important to evaluate the evolution of this doctrine considering the concepts of judicial power and judicial review as per the provisions of the HRA 1998 and the ECHR. Parliamentary Sovereignty and HRA Act 1998 In theory, judicial power is defined as the authority exercised by an arm of government to hear, determine and make judgements.[5] Judges exercise their legislative power when they interpret statutes without any reference to members of parliament.[6] In the UK, sections 2 and 3(1) of the HRA 1998 give the judiciary interpretive powers on Conventional Rights and primary legislation in relation to these rights. All UK law is subject to interpretation in a manner that is compatible with the 1998 Act.[7] This leaves the power to enforce human rights with the judiciary; an increase in the courts powers at the expense of parliament.[8] There is a variance of opinion on the effect of the expansion of the courts judicial powers on parliamentary sovereignty. In R (Jackson) v Attorney General,[9] Lady Hale stated that by enacting the 1998 Act parliament had limited its own powers. This is because the provisions of the HRA 1998 provide judges with the obligation to surpass conventional domestic law while performing their interpretive duty.[10] It is important to note that the effectiveness of courts depends on the willingness of other arms of government to abide by their decisions.[11] In as much as courts are encouraged to be more radical in their interpretation, they can only do so within the current limits of law.[12] In re (S) (Care Order: Implementation of Care Plan),[13] the court held that the HRA 1998 aims to protect sovereignty and as such the previous courts ruling had unjustifiably exceeded its interpretive mandate and was instead altering law under the guise of interpretation.[14] Courts have the power, under judicial review, to assess the action of other government branches so as to determine their legality and constitutionality.[15]A victim of a decision, action or omission of a public authority can apply to the High Court to provide a remedy where the authority is found to have acted unlawfully.[16] This power is provided under section 6 of the HRA 1998 that forbids any public authority from executing its mandate in contradiction to the rights. A body is subject to judicial review in respect to its public functions regardless of whether it is statutory or not.[17] In R v Panel on Takeovers and Mergers[18] a non-statutory organisation was held as susceptible to judicial review as it was exercising public functions. Traditionally, the standard for judicial review under the HRA 1998 was the irrationality test set out in the Wednesbury[19] case by Lord Greene where the rationale of decisions was tested against the reasoning and moral standing of any logical man .[20] The HRA 1998 has given courts new powers of judicial review that enable them to challenge the decisions and actions of the government in human rights terms.[21] Parliament decisions can now be challenged thus creating a limit on parliamentary sovereignty.[22] In order to preserve this sovereignty, the declaration of incompatibility was created under section 4 of the 1998 Act to ensure that where an incompatibility arises parliament still gets the final say on how to address it.[23] As illustrated in the R (Anderson) [24] where the Home Secretarys powers remained lawful and in force, despite being rendered incompatible to the HRA 1998, until a new statute was enacted; declaration of incompatibility does not invalidate statute. Parliamentary Sovereignty and the ECHR When the court at Strasbourg rules in a case, articles 1 and 46(1) of the ECHR expect that the state in question takes the necessary legal initiative to ensure that any issues raised are addressed accordingly.[25] This constitutes the extent to which judges can make law under the Convention. The Convention has been interpreted as a living instrument a claim which Lord Judge stated meant that courts could legislate on issues which previously were under parliaments jurisdiction.[26] He believed that members of parliament should have ultimate supremacy over unelected judges of any jurisdiction unless they chose to surrender such supremacy.[27] With regard to their interpretive duty, Lord Bingham in Ullah v Special Adjudicator[28] summarised the mandate of domestic courts as merely to keep up with the evolution of jurisprudence at the international court.[29] This mirror principle has however been contested by Lord Irvine who believes that UK judges should not be restricted to the bare m inimum requirement in adjudging cases as stipulated in Ullah[30] but should critically analyse the cases themselves.[31] Internationally, parliamentary supremacy is challenged by the courts power of judicial review. The standard for judicial review compatible with the ECHR is that of proportionality.[32] Unlike the irrationality test, the onus probandi lies with the legislator rather than the victim.[33] In R (Daly) v Secretary for the Home Department[34] the House of Lords endorsed proportionality as the authoritative measure of review in human rights cases as it provided a stricter and more definite assessment.[35] According to Dr Pinto-Duschinsky, the expansion jurisdiction of the European Court of Human Rights (ECtHR) has created a democratic inadequacy that can be corrected by introducing an override, as is present in the HRA 1998, where the back still lies with parliament.[36] Conventions rights are protected under natural law which is supported by the government.[37] However, this does not empower parliament to nullify human rights.[38] The power of judicial review is vested in the Strasbourg co urt to ensure justice prevails as even democratically elected governments could be guilty of the gravest crimes.[39] Abnegation by parliament to adhere to the Courts decisions on any matters to which it is a party would only serve to challenge the UKs international standing.[40] Conclusion The HRA 1998 upholds parliamentary sovereignty as it denies UK courts powers to veto statute.[41] The Act contains a number of provisions to protect parliamentary sovereignty[42] the most significant being that parliament still has a say on whether to repeal or amend the law which the judiciary advises as incompatible.[43] However, the orthodox standing on Parliamentary Sovereignty has evolved due to the expansion of powers in the judicial arm of government. These expansions serve to check and balance the parliamentary supremacy with respect to the Doctrine of Separation of Powers. Parliament is, therefore, sovereign but only to the extent in which its decisions are compatible with Conventional and Human Rights. References BBC, European Court of Human Rights Risk to UK Sovereignty BBC News (United Kingdom, 28 December 2013) www.bbc.com/news/uk-politics-25535327 accessed 29 August 2016 Bellamy B, Political Constitutionalism and the Human Rights Act (2011) 9 (1) ICON https://icon.oxfordjournals.org/content/9/1/86.full accessed 29 August 2016 Draft Voting Eligibility (Prisoners) HL Bill (2013-14) 13 www.publications.parliament.uk/pa/jt201314/jtselect/jtdraftvoting/103/10307.htm accessed 29 August 2016 Elliot M, The Three Dimensions of the Relationship between UK Law and the ECHR (Public Law for Everyone, 5 December 2013) https://publiclawforeveryone.com/2013/12/05/the-three-dimensions-of-the-relationship-between-uk-law-and-the-echr/ accessed 29 August 2016 Fenwick H, Phillipson G and Masterman R (eds), Judicial Reasoning under the UK Human Rights Act (CUP 2007) https://books.google.co.ke/books?id=7bQakM9B7TYCprintsec=frontcover#v=onepageqf=false accessed 29 August 2016 Gardner C, Lord Irvine: British Judges Should Decide Human Rights Cases for Themselves (Head of Legal, 14 December 2011) www.headoflegal.com/2011/12/14/lord-irvine-british-judges-should-decide-human-rights-cases-for-themselves/ accessed 29 August 2016 Gordon R and Ward T, Judicial Review and the Human Rights Act (Routledge 2013) Horne A and Miller V, Parliamentary Sovereignty and the European Convention on Human Rights ( House of Commons Library, 6 November 2014) https://commonslibraryblog.com/2014/11/06/parliamentary-sovereignty-and-the-european-convention-on-human-rights/ accessed 29 August 2016 Howard E, Is Parliamentary Sovereignty Now at Threat from the Judiciary? (2014) 1(1) The Undergraduate https://www.theundergraduateexeter.com/2014/03/human-rights-act-1998-parliamentary-sovereignty-judiciary/ accessed 29 August 2016 Kavanagh A, Statutory Interpretation and Human Rights after Anderson: A More Contextual Approach (2004) Public Law 540 Masterman R, The Separation of Powers in the Contemporary Constitution: Judicial Competence and Independence in the UK (CUP 2010) Thomas Raine, Judicial Review Under the Human Rights Act: A Culture of Justification (2013) 1 NELR 90 https://research.ncl.ac.uk/media/sites/researchwebsites/northeastlawreview/Thomas%20Raine.pdf accessed 29 August 2016 Andy Williams, UK Government Politics (Heinemann 1998) https://books.google.co.ke/books?id=6keDJpK0xL8Cprintsec=frontcover#v=onepageqf=false accessed 29 August 2016 -- How the Human Rights Act works (Liberty) www.liberty-human-rights.org.uk/human-rights/what-are-human-rights/human-rights-act/how-human-rights-act-works accessed 29 August 2016

Weimar Society and Culture Essay Example

Weimar Society and Culture Paper The good years for Weimar Germany were from 1924 to 1929, when the Republic got through the crises of 1923 and entered a stage of stability. The economy at this time was prosperous and the political chaos turned to constancy. The brilliant culture of Germany made it the centre of European creativity. This was in the areas of music, film, art, literature, science and more where Berlin showed great talents! Berlin was now seen as one of the most exciting cities in Europe, and Germany was accepted back as an equal in to the community. Theatre and the cabaret especially flourished in Weimar society and culture with the concept of Proletarian Theatre developed by Erwin Piscator coming in to play. This theatre produced plays as well as challenging views of the members of society which hadn’t been seen much before this time. A man named Bertolt Brecht along with composer Kurt Weill; they created The Threepenny Opera, a production that became very successful when it first appeared in 1928. Brecht was a communist and his work usually expressed his lack of exception with the commercial mid-class culture. Most theatre pieces of Germany were different to the past because much of it had a political and social message. When it came to the cinema, Berlin had a very progressive film industry. In the 1920’s, more films were produced then in the rest of Europe combined. Many amazing German directors were discovered who included Fritz Lang, Joseph von Sternberg and Ernst Lubitsch. Some of the movie master pieces these men created include: The Cabinet of Dr Caligari, The Blue Angel, Metropolis and Nosferatu. We will write a custom essay sample on Weimar Society and Culture specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Weimar Society and Culture specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Weimar Society and Culture specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Blue Angel launched its star Marlene Dietrich who became world famous. Nosferatu was a German horror movie and so was The Cabinet of Dr Caligari. The Cabinet of Dr Caligari was directed in 1919 by Robert Wiene; and is the story of murder and deception set in a small German town of Hols enwall. Both of these horror movies were re-made again in the future. Great film companies made German cinema one of the most notable in the world (a position it never again achieved). Leading composers of atonal music taught and heard their works first performed in Weimar Germany. The following decade in Germany was full of wonderful writers and great literature. Some of these writers include Hermann Hesse, Thomas Mann and Erich Maria Remarque who was famous for his novel ‘All Quiet on the Western Front. ’ A. q. o. t. w. f. was published in 1928 and was the most famous of all his work. The novel is about the cruelty of war from a soldier’s perspective. Thomas Mann was awarded the Nobel Prize in Literature, 1929, most probably because of his successful novels Buddenbrooks and magic mountain. The famous school of architecture ‘Bauhaus’ came across the new designs for German building. Walter Gropius was the founder of the school in 1919, believed that art should work with technology and make a change to the buildings they were to create. The school reflected the issues going on in Germany and rejected the older more traditional styles that were seen in the dire times of the country. Berlin, in particular, became a thriving midpoint of many new art movements such as Dadaism and expressionism. Artists used techniques that were new and unusual to produce meaningful works that expressed the world and reality. Artists liked to express there feelings and emotions; most of the time reflecting the suffering and hardships many German’s had to go through in society. The major artists of this period include George Grosz, Otto Dix and Max Ernst (as well as many more). Max Ernst was particularly famous because of his weird behaviour and unorthodox methods. The Weimar artists were first influenced by Russia and the USA. The assembly line technique that was developed in the American auto industry, the skyscraper, and styles of the American’s mass consumption seemed to be the core of modern Weimar artists. They adapted some American forms but often used them critically and creatively. Germany had the most educated population in Europe so it made technological and scientific advances during the 1920’s. Seven Nobel prizes were won by German scientists through out the decade; and had the most famous scientists of them all; Albert Einstein who worked in Germany until 1933. Einstein was a theoretical physicist who was best known for his theory of relativity which is E=mc2. He won the 1921 Nobel Prize in Physics. A man named Karl Mannheim developed theories encouraged by a synthesis of socialism and Freudian therapy that have proven highly influential in the twentieth-century. In addition to that, the Weimar Republic inherited excellent universities and science centres. Gottingen was the worlds most famous centre for physics, and German was the international language in physics and chemistry. The technology of Weimar Germany also boomed. The world’s first great passenger airship was created and named the Graf Zeppelin. This humongous plane was created by a company called Luftschiffbau Zeppelin and was filled with oxygen to make its crossings to the USA and South America. One day it even flew around the whole world! Another German airship made was named the Hindenburg and only to destroy itself while attempting landing in 1937. Also communications advances such as the radio were developed. The New roads and railways were being made, so now the motor industry including the Mercedes and the BMW flourished. Like any catastrophe, the Great Inflation also had important social effects; which hit many people of the middle class. For example, young girls were permitted by their parents to hire themselves out as prostitutes so long as they were paid with butter, one of the most precious goods of inflation-ridden Germany. Government officials once who were corrupt; willingly accepted bribes in the form of food or foreign money in exchange for permits and ration cards. One might even see government officials and men of the world of high finance courting drunken sailors without shame. In Berlin, hundreds of men dressed as women, and hundreds of women as men under the accepting eyes of the police! Not saying all Germans reacted to the inflation in this way, even the middle class. One of the more serious reactions to the uncertain economy was the growing suspicion amongst the middle class that the Jews were somehow responsible.

Typical American Families

Typical American Families Two Typical Families Sitcoms usually portray typical families that may be a bit funnier than real ones. Two sitcoms, The Cosby Show and Roseanne, are no exceptions. The two families, the Conners and the Huxtables, have much in common. They share the same socioeconomic statuses; they also face the same issues concerning relationships with each other.Advertising We will write a custom essay sample on Typical American Families specifically for you for only $16.05 $11/page Learn More Of course, there are certain differences between the two families. However, it is possible to state that these differences simply serve a background which reveals how similar the families are. It is possible to focus on three points to prove this assumption. These points are: socioeconomic status, relationships between siblings and relationships between spouses. Socioeconomic Background In the first place, it is necessary to point out that the two families pertain to middle class. T his makes them really similar as they face similar difficulties. The two families are not much concerned with making money. They are rather concerned with developing proper relationships with each other and other people. Thus, they also know how to have fun. For instance, the Huxtables arrange great Halloween party (cosbyshow3). The Conners, or rather Roseanne and her husband Dan, have a nice special evening (RoseanneConnerVideo). Apparently, they do not need to focus on ways to earn money. Relationships between Spouses The two sitcoms also depict relationships between the spouses. The two couples can be regarded as model spouses. They love each other. They are caring and supportive. There is one more thing similar in both families. Thus, each woman treats her husband as another child. They accept that their men are a little bit childish. For instance, this quality is manifested in such cases as giving advice to children in different situations. However, it is obvious that the women know that they can rely on their husbands who are the heads of their families. Relationships between Siblings Finally, relationships between siblings are some of the major focuses of the two sitcoms. Admittedly, relationships between siblings play a very important role in everyone’s life (or rather in life of those having a sibling). Seemingly, these relationships are different in the two families. For instance, Vanessa and Janise Huxtable are really friendly and help each other all the time (The Cosby Show). They support each other. On the contrary, Darlene Conner often makes fun of her sister (maskath-1). It may seem that the siblings hate each other. However, Darlene’s tricks also prove that she does love her sister and will help her whenever she needs that help. More so, such tricks show that Darlene loves her sister immensely as she can afford making fun of her as if she was the only one to have such a right justified by her love and care. Admittedly, Darlene wou ld never let anyone hurt her sister.Advertising Looking for essay on art and design? Let's see if we can help you! Get your first paper with 15% OFF Learn More Two Similar Families Therefore, it is possible to assume that the two families are similar even though there are some minor differences. Apparently, these families are similar in different levels, i.e. they pertain to the same socioeconomic background, they are similar in terms of relationships between members of the families. The two families are very friendly. Each member of the two families is caring and supportive. Admittedly, sitcoms usually depict typical families. Thus, it is possible to conclude that the majority of American families are like that. Hopefully, Americans still rely on basic values which are highlighted in the sitcoms. cosbyshow3. The Cosby Show Halloween. Video. YouTube, 18 June 2008. Web. maskath-1. â€Å"Biography for Darlene Conner.† IMDb, 2010. Web. RoseanneConnerVid eo. Rosseanne Inherit: The Wind. Video. YouTube, 9 July 2008. Web. â€Å"The Cosby Show.† IMDb, n.d. Web.

How to Change a Column Size or Type in MySQL

How to Change a Column Size or Type in MySQL Just because you made a MySQL column one type or size doesnt mean that it has to stay that way. Changing the column type or size in an existing database is simple.​ Changing a Database Column Size and Type You change a column size or type in MySQL using the  ALTER TABLE  and  MODIFY commands together to make the change.   Lets say, for example, that you have a column named State on a table named Address and you previously set it up to hold two characters, expecting people to use 2-character state abbreviations. You find that several people entered entire names instead of 2-character abbreviations, and you want to allow them to do this. You need to make this column larger to allow the full state names to fit. Here is how you do it:   ALTER TABLE address MODIFY state VARCHAR(20) ; In generic terms, you use the ALTER TABLE command followed by the table name, then the  MODIFY command followed by the column name and new type and size. Here is an example:   ALTER TABLE tablename  MODIFY columnname  VARCHAR(20) ; The maximum width of the column is determined by the number in parentheses. The type is identified  by VARCHAR as being a variable character field. About VARCHAR The VARCHAR(20) in the examples can change to whatever number is appropriate for your column. VARCHAR is a character string of variable length. The maximum length- in this example  it is 20- indicates the maximum number of characters you want to store in the column. VARCHAR(25) could store up to 25 characters. Other Uses for ALTER TABLE The ALTER TABLE  command can also be used to add a new column to a table or to remove an entire column and all its data from a table. For example to add a column, use:   ALTER TABLE table_name   ADD column_name datatype To delete a column, use:   ALTER TABLE table_name   DROP COLUMN column_name

Kristoff on China Ed Essay Example | Topics and Well Written Essays - 750 words

Kristoff on China Ed - Essay Example In Chinese schools, teachers are much respected, and the most admired kid is often the brain rather than the jock or class clown.† (Kristof) Thus, it is fundamental to realize the major purpose of the author in this article is to establish that there has been a fundamental growth in China’s education system and the passion for learning, and the rest of the world, including the U.S., should model this system of education for the growth of the civilization. According to Kristof, it is essential to elevate education on the list of priorities in the nation and there should be emphasis on creativity and independent thought. Therefore, Nicholas D. Kristof establishes through his article that the U.S. should strive to adopt the model given by China’s education system in order to achieve overall development of the nation. This paper makes a reflective exploration of Kristof’s â€Å"China’s Winning Schools?† in order to find out the author’s maj or concepts and ideologies concerning education system and the role of cultural values in education. ... As Kristof indicates, the Confucian reverence for education, steeped into the culture, has been the greatest strength of the Chinese system of education. The author is explicit that this education system and the passion for learning, and not China’s strategic challenge, offer a real challenge to the Americans. Thus, the most crucial argument of the article is that the Americans should think of the real challenge hoisted by the Chinese, which is in the field of education, rather than worrying about China’s strategic challenge in terms of the new Chinese stealth fighter aircraft, etc. Kristof purports that the â€Å"real challenge is the rise of China’s education system and the passion for learning that underlies it. We’re not going to become Confucians, but we can elevate education on our list of priorities without relinquishing creativity and independent thought.† (Kristof) Secondly, in a reflective analysis of the major purpose of the author in wri ting the article, it becomes lucid that he is mainly focused on the growth in the education system of China which is based on Confucian reverence for education. By listing out the most essential aspects of Chinese system of education, the author attempts to provide a highly useful model of education for the U.S., which is based on reverence for education, quality of teaching, passion for learning, and creativity and independent thought. Therefore, the author not only promotes the successful aspects of Chinese system of education, but also establishes the need for creativity and independent thought which are fundamental to the U.S. system of education. Thirdly, the author has been effective in achieving his main purposes in the article by pointing out the essential components of China’s education system, along with

Discussion Board 5-2 Essay Example | Topics and Well Written Essays - 250 words

Discussion Board 5-2 - Essay Example Three known forms of managed care that patients or clients have exclusive discretion to choose are Preferred Provider Organizations (PPOs), Health Maintenance Organizations (HMOs) and Primary Care Physician. In all the three forms, clients chose from a list doctors desired to manage their health. The chosen doctors then stand the right to make any decision such as to refer a patient to another specialist. Since the given doctor is to deal with the patient directly, they need to understand personal constructs and understanding of the patient. This becomes easier when applying Psychoanalytic Family Therapy (Nichols, 2013). With Psychoanalytic Family Therapy, individual therapists are able to analyze self-psychology of patients to understand the cause and nature of an underlying problem. Despite complexity of the theory, charges for services offered by Psychoanalytic therapists vary with variation in the conduct of the individual therapist. This exonerates simple reasoning that complexi ty of Psychoanalytic Family Therapy makes it expensive than other

Developing a Training Plan Essay Example for Free

Developing a Training Plan Essay Organizations can help to improve employee communications and ethical practices among employees by having a successful training program in place. When a successful training program is in place, those trainings can provide other unique opportunities for organizations because those trainings can help to give employees important information that can help them be more successful at their job. When employees are successful at their job, that then equals more success for the organization. Training new employees and team environments is best implemented when the organization develops a training program that will give the employees useful information they will need to get a full understanding of the organizational structure, policies, and goals of the company. This paper will review some practices that prevented Enron from collaborating and communicating effectively, provide training ideas that could have helped the management staff be successful and lastly, address how this training plan could have improved Enron’s management team and other employees. When developing a successful training plan, one must identify the issues that were present within Enron’s leadership and management team. Training should start from the top, that way, the people with leadership status, including the management team, will be well prepared to successfully train their staff to do a job well done. Organizational Behavior 12th ed stated that norms are the acceptable standards of behavior within a group that are shared by the groups members (2007). When it comes to Enron, the norms of the leadership and management team displayed unethical behavior. It is imperative that leadership and management staff know that they are a team working towards the overall success of the company. This wasn’t the case at Enron, the management team did not work together as a team. When working in a team, communication plays a huge part in having a successful outcome. The management staff at Enron did not have effective communications. Management staff thought more of how contracts could be beneficial to them, instead of how beneficial those contracts were to Enron’s overall success. Another downfall to Enron was the fact that they didn’t conduct a competitive bidding process. Not conducting a competitive bidding process ultimately affected the business as a whole and the employee’s job stability. When the leadership and management team decided to have disregard to their obligations, but more regard to unethical decisions, the downfall of Enron began. With that being said, a training plan would have definitely been beneficial for Enron to implement. The downfall of Enron happen because there was no successful training plan implemented. In order for teams to be successful and effective at what they are trying to accomplish, they must communicate and communicate clear and concise, which would have been in the training plan. Effective communications can mean the difference between success and failure. Being that, an effective training plan should include information ranging from employee communications, ethical practices, conflict resolution, decision making and any other useful information that will help the team work together to reach overall success. This training plan will focus on effective communications, the structure and responsibility of the Enron team, conflict resolution, team building and ethical decision making. These are things that are important to any team working towards achieving their goals and objectives set by the organization. When it comes to structure and responsibility, the leaders at Enron did not train their management staff to make the right choices and do the right thing. Leadership in Organizations stated that managers are people who do things right and leaders are people who do the right thing (2007). The leaders at Enron did not do the right thing, so the managers could not do things right. Without proper training, leadership and management staff can not delegate task and implement strategies in a successful manner, because there weren’t taught themselves. A training plan would instill in Enron employee’s the vision and integrity the leaders, managers and employees have.