...In the United Kingdom, we have a constitution that is uncodified and therefore not entrenched within our politics. Essentially, this makes it far easier to amend than a codified one and thus some groups have begun calling for such a constitution to be introduced. These groups cite the constitution in the USA, which forms the foundation of all political decisions; if a proposed law is found to go against the constitution, it is rejected. Supporters of a codified constitution for the UK say that this will give citizens inalienable rights which cannot easily be manipulated or even overturned by the government. A constitution is based around a general consensus of what people should be able to do or not do. Constitutional agreement forms the foundations of the concept of a rule of law. In the USA, their written constitution means that the relationship between citizens and the law is clearly defined. If a constitutional law is violated, there can be no debate over it. This means that the law has more authority in the land. However, in the UK, there is not one legal standard of our constitution and thus whether or not it was violated can be questioned. This can potentially lead to a moving of the goalposts – if the constitution is not entrenched, it is easy to change. Therefore it is impossible to hold everyone to the same standard even though the rule of law states that everyone is bound by it, because the government can essentially do what it likes in terms of manipulating or...
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...Constitution What is a constitution? • Set of rules seeking to establishing the duties, powers and functions of the various institutions of government • To regulate the relationships between and among the institutions • Define the relationship between the state and the individual, define extent of civil liberty Types of Constitution • Codified and uncodified o Codified – enshrined in law and based on 1 single authoritative document outlining powers of institutions + government, as well as a statement of the rights of citizen’s ▪ Document is authoritative, highest law of the land. Binds all political institutions – leads to 2 tier legal system ▪ Provisions of it are entrenched, difficult to amend or abolish ▪ It is judiciable, all political bodies are subject to authority of the courts, in particular a supreme court. o Uncodified – increasingly rare, UK one of few ▪ Not authoritative, constitutional laws treated same as ordinary laws ▪ Not entrenched, constitution can be changed through the normal process for enacting statute law. ▪ Not judiciable, judges do not have legal standard to declare that actions of other bodies are constitutional/not constitutional. o However: ▪ No constitution is entirely written, written documents do not encompass all aspects of constitutional practice ▪ No constitution...
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...1. constitutionalism, constitutional supremacy and the rule of law 1. constitutionalism a. Constitution without constitutionalism? Keith E Whittington, constitutionalism [5] * Constitutionalism = the constraining of government in order to better effectuate the fundamental principles of the political regime. i.e. A system of effective restrains on governmental action. * Constitution (often) = the written document that formalizes the framework of government * => Constitutionalism should be distinguished from the mere possession of a constitution * Written constitutions may provide few effective constraints on government or may be ignored, and governments may be effectively constrained w/o a written constitution (e.g. Britain) * Constitutionalism often (does not mean it necessarily equals to) associated specifically with liberalism, protection of individual rights against the state. * => constitutional state identified not by possession of a constitution but by its effective protection of individual rights. * (but individual rights only one set of fundamental principles that might impose meaningful limits on power of the state) * Constitutionalism also used to constrain power holders to care for the common weal or adhere to particular conceptions of national identity or religious law * 3-fold classification of province of constitutionalism * Normative Constitutionalism (most touched-on area) * Concerned with...
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...the bill is examined by line by line to ensure that its wording and language is clear to allow any amendments on the bill. In the latter committee, there are two departments – governmental and non-governmental. They examine government departments’ expeditures , policies and policies. There are between 16 to 50 members in the PBC who are selected by Committee of Selection whose 7 out 9 members are ships. On the other hand, there are 11 members in the SCs and to eliminate “the conflict of interest, all the members are backbench members who are elected using the Alternative vote system. 2a What are the main functions of Parliament and how well does it perform them? [5] < This question is a 20-mark question > 3a What are the differences between direct and representative democracy? [5] In direct democracy, people are directly involved in decision-making processes, whereas in representative democracy, people elect MPs who will represent and form a government in Parliament. For instance, some qualified members of Athenian society were involved in decision-making and a referendum is a limited form of direct democracy. Also general elections are kind of parliamentary democracy, they are held every five years to election a representative and a government. There is potential danger that decision-making mechanisms can be affected by an organised faction and demagogue in direct democracy. 4a What is the role of the opposition in British politics? [5] The main role of the...
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...TASK 1 a) Act necessary the taxation of balance sheet while required 1929 the organization Acts call for profit assertion 1948 the companies act calls for balance bed sheet and profit and reduction accounts to be true and fair and also to be revealed at minimum amount level and so forth. Accounting regulations in UK is portioned into three main regulating authority and governance which often all organizations whether lone trade relationship or minimal company which often all organizations must abide by in organizing their economic year finish. These regulating bodies are the company Act 2006, UNITED KINGDOM Accounting Standards Board and International Accounting Standards (IAS). There have been no specific legal or regulation requirement managing the lone trader and partnership accounts inside company React 2006. For instance if these firms registered pertaining to value additional tax, they may wish to prepare their own records determined by HMRC requirements. Therefore managers of companies maintain your accounting records in manners that satisfy them nearly all. The Company Act 2006 was originated from the development coming from all regulations in the United Kingdom from 1844, 1855 under the JSCA, Joint Stock Company Act. These regulations required necessary audit associated with balance bed sheet and profit and reduction account to be true and fair, a nominal amount disclosure level of accounting routines and business of team or combined accounts. The 2006 company...
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...CASSIDY* Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) contain no bill of rights. Australia is the only western democracy without a federal bill of rights. The debate regarding the need for a bill of rights necessitates an understanding of what human rights the people of Australia already enjoy. If sufficient protection can be found in existing sources, does Australia really need a federal bill of rights? Opponents of a bill of rights state that we have sufficient protection from arbitrary government intervention in our personal affairs and thus a bill of rights is unnecessary. There are a number of potential sources of human rights in Australia that might provide the suggested existing protection, including the common law, specific domestic legislation, international law and constitutional law. Each of these sources of human rights has, however, important limitations. The focus of this article is on the inadequacy of the Australian constitutions as a source of purported protection. This in turn suggests that an alternative source of rights is needed – a federal bill of rights? In the course of this analysis the author makes suggestions for reform; specifically how a federal bill of rights may address the paucity of constitutional protection. I INTRODUCTION Unlike the constitutions of many nations, such...
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...GOVERNMENT AND POLITICS AS LEVEL UNIT TWO GOVERNING THE UK “Never, never, never give up” Winston S Churchill 1874-1965 1 GOVERNING THE UK 50% of AS [25% of A2] UNIT TWO SAMPLE QUESTION Answer one question from Section A and one question from Section B in 80 minutes. Spend 40 minutes on Section A and 40 minutes on Section B SECTION A QUESTION ONE PRIME MINISTERIAL POWER “For too long the big political decisions in this country have been made in the wrong place. They are not made around the Cabinet table where they should be, but they are taken on the sofa in Tony Blair’s office. No notes are kept and no one takes the blame when things go wrong. That arrogant style of government must come to an end. I will restore the proper process of government. I want to be Prime Minister of this country not a President (Source: David Cameron, The Times, 5th October 2006) “The Cabinet is the committee at the centre of the British political system. Every Thursday during Parliament, Secretaries of State from all departments as well as other ministers meet in the Cabinet Room in Downing Street to discuss the big issues of the day. The Prime Minister chairs the meeting, selects its members and also recommends their appointment as ministers to the monarch. The present Cabinet has 23 members (21 MPs and two peers). The secretary of the Cabinet is responsible for preparing records of its discussions and decisions”. (Source: From a modern textbook) (a) What...
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...Labour’s Reforms ✓ The Changing Constitution ✓ Party Views and Manifestoes ✓ Assessment and Evaluation ✓ Evidence 1. Labour’s Reforms o The constitutional reforms initiated by the Labour Government elected in 1997 together promise to transform the institutional structure of the United Kingdom. ▪ The Scottish Parliament and the Welsh Assembly are the most tangible signs of this transformation but other constitutional reforms are either in being or well under way …… ▪ including the Human Rights Act of 1998 (incorporating the European Convention on Human Rights), ▪ a directly-elected mayor and assembly for London, ▪ a reformed House of Lords ▪ and Freedom of Information legislation. ▪ Although reform of the electoral system for Westminster now seems a somewhat distant prospect, the 1999 elections to the Welsh Assembly, to the Scottish Parliament and to the European Parliament were all conducted using electoral systems very different from the traditional first-past-the-post method. ▪ Referendums have been widely used, and more promised o Lecture by the Lord Chancellor, Lord Irvine of Lairg, to the Constitution Unit, Westminster. 8 December 1998 o No other Government this century has embarked upon so significant or wide-ranging a programme of constitutional reform as the New Labour Government. It is therefore my particular pleasure...
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...CONSERVATISM Key concepts 1) Hierarchy and organic society * The term ‘organic society’ refers to a belief, which became entrenched in traditional conservative thought in the latter part of the 19th century. * It was a reaction against the rise of liberal individualism. * It proposes that society is more than merely a collection of individuals, but it is a single entity. * We are connected to each other through our humanity and common membership of community. * Organic society is seen as a reality, which is superior to our own, individual interests. * The ideal organic society – where goals and aspirations of individuals coincide with the goals of the whole society. 1980s – Margaret Thatcher famously challenged this remarking that there “is no such thing as society”, implying that the goals of individuals are superior to those of society as a whole. * Traditional conservatives believe that there is a ‘natural’ order into which each individual fits. * It is normal and natural that society should be divided by a number of strata. * The very rigid feudal system had long since disappeared, but there remained a belief that some kind of class system was inevitable. * Hierarchy like this supports organic society in that it creates an order and stability, which the individualistic society lacks. * Different parts of the hierarchy have different roles that complement each other. * This implies inequality, but an ordered inequality, and one in which...
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...This article was downloaded by: [University of Hong Kong] On: 7 July 2010 Access details: Access Details: [subscription number 905437243] Publisher Routledge Informa Ltd Registered in England and Wales Registered Number: 1072954 Registered office: Mortimer House, 3741 Mortimer Street, London W1T 3JH, UK Journal of Contemporary China Publication details, including instructions for authors and subscription information: http://www.informaworld.com/smpp/title~content=t713429222 The China Model: can it replace the Western model of modernization? Suisheng Zhao Online publication date: 28 April 2010 To cite this Article Zhao, Suisheng(2010) 'The China Model: can it replace the Western model of modernization?', Journal of Contemporary China, 19: 65, 419 — 436 To link to this Article: DOI: 10.1080/10670561003666061 URL: http://dx.doi.org/10.1080/10670561003666061 PLEASE SCROLL DOWN FOR ARTICLE Full terms and conditions of use: http://www.informaworld.com/terms-and-conditions-of-access.pdf This article may be used for research, teaching and private study purposes. Any substantial or systematic reproduction, re-distribution, re-selling, loan or sub-licensing, systematic supply or distribution in any form to anyone is expressly forbidden. The publisher does not give any warranty express or implied or make any representation that the contents will be complete or accurate or up to date. The accuracy of any instructions, formulae and drug doses should be independently...
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...legal principles which emerge from the judgments in decided cases.’ See chapter 12, 13, and 14. * The category of laws which grew from the medieval royal courts (‘the courts of common law’) and other areas of law, which came from the medieval Lord Chancellor’s role (‘equity’). See chapter 10. * Decision making in courts after an adversarial trial: derived from historical ‘trial by battle’ introduced by Normans. The battle has since then become a verbal one. See chapter 2. * A court system for dispute resolution: See chapter 11. However, Australian law has developed distinct characteristics of its own: * A federal system made up of a Commonwealth and States and Territories: separates out the powers of different bodies of government. See chapter 8. * A limited recognition of indigenous customary law: Mabo (No 2) held that native title to land could exist, separate from the common law and based on indigenous customary law. Other forms of recognition are ad hoc, but do exist: * Criminal justice system in NT carried out on a customary basis rather than common law in certain cases. * Customary law marriage is recognised. * Certain aspects of indigenous heritage have been protected. See chapters 5 and 10 for the issues...
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...Afghanistan, a bipartisan approach has been maintained to counterterrorism. The dangers of such an approach are examined along with emerging threats. Table of Contents * Abstract * Introduction * Define * Role of the Media * Psychology * Modern Terrorism * The Response * Counterview – The Dangers * Looking Ahead – The Next Potential Threats * Another Approach * Conclusion INTRODUCTION “Terrorism has become part of our daily news diet. Hardly a day goes by without news of an assassination, political kidnapping, hijacking or bombing somewhere in the world. As such, incidents of terrorism have increased in the past decade, the phenomenon of terrorism has become one of increasing concern to governments....” Introduction. With the recent high profile terrorist attacks in Sydney and Paris and the ongoing terrorist incidents in Nigeria, Iraq and Afghanistan, terrorism has been described as the biggest threat to 21st Century security. However the opening quote was from a RAND paper written in 1980. Terrorism is not a modern phenomenon. Historic Precedence. Terror as a tactic is not new. Some scholars date such actions to the Thugs; Assassins and Zealots. But it...
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...Global Environmental Change 17 (2007) 445–459 Barriers perceived to engaging with climate change among the UK public and their policy implications Irene Lorenzonia,b,������, Sophie Nicholson-Coleb, Lorraine Whitmarshb a School of Environmental Sciences, University of East Anglia, Norwich, NR4 7TJ, UK b Tyndall Centre for Climate Change Research, School of Environmental Sciences, University of East Anglia, Norwich, NR4 7TJ, UK Received 25 August 2006; received in revised form 12 January 2007; accepted 17 January 2007 Abstract This paper reports on the barriers that members of the UK public perceive to engaging with climate change. It draws upon three mixed-method studies, with an emphasis on the qualitative data which offer an in-depth insight into how people make sense of climate change. The paper defines engagement as an individual’s state, comprising three elements: cognitive, affective and behavioural. A number of common barriers emerge from the three studies, which operate broadly at ‘individual’ and ‘social’ levels. These major constraints to individual engagement with climate change have implications for achieving significant reductions in greenhouse gases in the UK. We argue that targeted and tailored information provision should be supported by wider structural change to enable citizens and communities to reduce their carbon dependency. Policy implications for effective engagement are discussed. r 2007 Elsevier Ltd. All rights reserved. Keywords: Climate...
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...Submitted by: Submitted to: S Vasanth (CCBMDO/12-13/A21) Dr. Iragaravarapu Sridhar CCBMDO Batch: 09 Perspectives of Law and Business Assignment December 16, 2012 CORPORATE COMPLIANCE OF LABOUR LAWS INDEX PAGE No Cover Page with Contents 1 Introduction 2 Conceptual Discussions 3 Implementation of Labour Laws 6 Labour Laws Prevailing in Other Countries 26 Data Analysis & Interpretation 32 Conclusion & Recommendation 38 Bibliography 40 Chapter – 1 INTRODUCTION 1. Labour law also known as employment law is a body of laws, administrative rulings and precedents which address the legal rights of, and restrictions on, working people and their organisations. It mediates many aspects of the relationship between trade unions, employers and employees. In brief, Labour law defines the rights and obligations as workers, union members and employers in the workplace. Generally Labour law covers:- (a) Industrial Relations – Certification of Unions, Labour-management relations, collective bargaining and unfair labour practices (b) Workplace health and safety (c) Employment standards, including general holidays, annual leave, working hours, unfair dismissal, minimum wage, layoff procedures and severance pay. 2. There are two broad categories of Labour law. First, collective labour law relating to the tripartite relationship between employee, employer and...
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...Assignment December 16, 2012 CORPORATE COMPLIANCE OF LABOUR LAWS INDEX PAGE No Cover Page with Contents 1 Introduction 2 Conceptual Discussions 3 Implementation of Labour Laws 6 Labour Laws Prevailing in Other Countries 26 Data Analysis & Interpretation 32 Conclusion & Recommendation 38 Bibliography 40 Chapter – 1 INTRODUCTION 1. Labour law also known as employment law is a body of laws, administrative rulings and precedents which address the legal rights of, and restrictions on, working people and their organisations. It mediates many aspects of the relationship between trade unions, employers and employees. In brief, Labour law defines the rights and obligations as workers, union members and employers in the workplace. Generally Labour law covers:- (a) Industrial Relations – Certification of Unions, Labour-management relations, collective bargaining and unfair labour practices (b) Workplace health and safety (c) Employment standards, including general holidays, annual leave, working hours, unfair dismissal, minimum wage, layoff procedures and severance pay. 2. There are two broad categories of Labour law. First, collective labour law relating to the tripartite relationship between employee, employer and union. Second, individual labour law concerning employees’ rights at work and through contract of work. 3. Once an investor sets-up a business in India, whether a liaison office, project office, branch or company, that...
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