...the arch of the British Constitution’. It is, indeed, an extremely significant part of our culture and history, as well as being central to our system of Government. It will therefore be necessary to begin any discussion of the constitutional issues involved in its abolition by outlining the current functions of the head of state in Britain. As ‘a state without a monarch is a republic’, it will then be necessary to consider the constitutional issues which would be implicit in giving effect to such a republic. These issues will include decisions as to the type of president we would have, how they would be selected, and the scope and extent of powers they would possess. This discussion is not intended to be one of the relative merits of a monarchy versus a republic: indeed, the decision to abolish the monarchy has already been made. Rather, it is an attempt to answer the question of how this central feature of our constitution could be replaced. In answering this question, I will look to a possible alternative, namely an elected president, and determine whether, and on what basis they could take over the functions of the monarch. Other constitutional issues regarding the selection of such a President must then be considered, along with other constitutional issues arising in this context. As a preliminary issue, it should be noted that in this hypothetical situation, it is Prince Charles, or rather King Charles III, who is on the throne. The Queen’s reign has ended and the...
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...The Political and Constitutional reform committee have created three different blueprints for changes to the constitution. Professor Blackburn's three ideas are; A Constitutional Code, A Constitutional Consolidation Act and A Written Constitution. Firstly, A Constitutional Code would be a document sanctioned by Parliament, but without statutory authority, and which would set out the essential existing elements and principles of the constitution and the workings of government. Due to the fact that the document doesn't have statutory authority therefore it is not statute, and so it is not written down and has not been approved by a legislator. A Constitutional Consolidation Act: this would be a consolidation of existing laws of a constitutional nature in statute, the common law and parliamentary practice, together with a codification of essential constitutional conventions. As the constitution would be statute this means that it is an act of Parliament and if it were to contradict with a convention or common law, the Consolidation act would dominate. This blueprint would also involve constitutional rules which are based on common law. For example, the formal powers of the crown, royal prerogative, would be statute rather than common law. The third and final blueprint is a Written Constitution. This would be a document of basic law by which the United Kingdom would be governed, setting out the relationship between the state and its citizens, an amendment procedure and...
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...Has constitutional reform in the UK gone too far since 1997? Due to the uncodified nature of the UK constitution it is organic and the lack of higher law enables constitutional reforms to occur far quicker and with greater ease than seen in other countries, such as the USA. A constitutional reform is a political change in the constitution. There are varying bodies of opinion on the extent of constitutional reforms that are currently required within the UK. Constitutional changes have been mainly seen since 1997, under Blair and Brown, such as the establishment of a Scottish Parliament and Welsh Assembly in 1999, a constitutional reform some argue to be unnecessary while others argue should be extended and developed. A key issue that has divided constitutional opinions since 1997 is the idea of the unelected House of Lords, which some say undermine the legitimacy of democracy within the UK. The Salisbury convention already exists and ensures that the House of Lords does not obstruct proposals, which are previously contained in the elected government’s most recent manifesto, which is argues as an example of the removal of undemocratic sovereignty held previously by the Lords. However the fact that it is unwritten has been opposed to as the Lords is not fully controlled by the Government. To counteract the opposition other reforms have been introduce to reduce the powers of the House of Lords, such as the 1999 reform reducing hereditary peers to 92 from 600, and also the loss of...
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...Are Ethics Laws in the Federal Government a Violation of Constitutional Rights? Abstract The paper explores the United States Government’s efforts to put in place laws that guide the ethical behavior of its civil service employees. From the founding of the nation, ensuring ethical behavior by government employees has been a recurring theme, and legislation, laws, and executive orders have been implemented at each stage of our government’s growth to guide federal employees in the ethical administration of their duties. However, at what point do the laws become too restrictive on the very citizens who have sworn to uphold our nation’s democratic values? A history of legislation, laws and executive orders is given along with the eventual backlash of court cases and demands for reform based on constitutional rights. For purposed of brevity, this analysis will focus on federal employees. Are Ethics Laws in the Federal Government a Violation of Constitutional Rights? Over two hundred years ago, with regard to ethics in the federal government, Thomas Jefferson wrote the following words “The right of any officer to give his vote at elections as a qualified citizen is not meant to be restrained, nor, however given, shall it have any effect to his prejudice; but it is expected that he will not attempt to influence the votes of others, nor take any part in the business of electioneering, that being deemed inconsistent with the spirit of the Constitution and his duties...
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...The force with the highest distribution of power The Bipartisan Campaign Reform Act (BCRA) is a federal instrument organized to limit “large sums of money” from unfairly impacting national politics by controlling “electioneering communication”. The Bipartisan Campaign Reform Act identifies “electioneering communication”, as any satellite or cable broadcast made with thirty days before a primary election or sixty days before a general election, and which pertains to a distinctly identified prospect for Federal office. Citizens United agreed that its planned VOD broadcast and advertisements of The Movie fall within this definition of “electioneering communication”, qualifying them nonexempt from three applicable restrictions under The Bipartisan Campaign Reform Act (BCRA). First, BCRA forbids Citizens United from using its corporate finances to air “electioneering communication” in order to suggest how an observer should vote. Second, if Citizens United achieves the first obligation, BCRA expects Citizens United to expose the personal identities of individuals who gave more than one thousand dollars towards, the creation of The Movie. Lastly, BCRA expects Citizens United to disclose for a minimum of four seconds a written disclaimer in its promotional material expressing it is accountable for the contents (Lindbloom & Terranova, 2009). Who else has power over the Issue? Each of our three branches of government have expressed their concerns on the issue of what role corporations...
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...made moves and provisions towards constitutional reform. Indeed, the two prime ministers; Tony Blair and Gordon Brown have done much for reform over the years, as illustrated by devolution and the human rights act. Indeed, they made provision for reform in 4 key areas, modernisation, and greater protection of rights, democratisation and decentralisation. However, it can be argued that their reform has been limited, and much more can be done for constitutional reform. Firstly, it is clear that the modernisation aspects of the reform have been severely limited. Indeed, this can be illustrated by the reform of the House of Lords. Over the past 10 years, only part 1 of the reform process has taken place. This has included the removal of over 600 hereditary peers to only 92. However, no reform for a partially or fully elected second chamber has taken place. Until this happens it is argued that the Lords is not democratically legitimate as all policy making institutions must have legitimacy. By merely appointing the members of the Lords means that whilst they may have expertise, they are not representing the public which means they are not socially accountable. Also, the Wright report, which includes provisions towards electing members of select committee chairs by secret ballot, and to end the Winterton rule on public bill committees is still stuck within the legislative process. Therefore, there is much that can be done towards constitutional reform. However, the modernisation...
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...moves and provisions towards constitutional reform. Indeed, the two prime ministers; Tony Blair and Gordon Brown have done much for reform over the years, as illustrated by devolution and the human rights act. Indeed, they made provision for reform in 4 key areas, modernisation, and greater protection of rights, democratisation and decentralisation. However, it can be argued that their reform has been limited, and much more can be done for constitutional reform. Firstly, it is clear that the modernisation aspects of the reform have been severely limited. Indeed, this can be illustrated by the reform of the House of Lords. Over the past 10 years, only part 1 of the reform process has taken place. This has included the removal of over 600 hereditary peers to only 92. However, no reform for a partially or fully elected second chamber has taken place. Until this happens it is argued that the Lords is not democratically legitimate as all policy making institutions must have legitimacy. By merely appointing the members of the Lords means that whilst they may have expertise, they are not socially accountable. These include the likes of Alan Sugar and Sebastian Coe. Also, the Wright report, which includes provisions towards electing members of select committee chairs by secret ballot, and to end the Winterton rule on public bill committees is still stuck within the legislative process. Therefore, there is much that can be done towards constitutional reform. However, the modernisation...
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...Examiners’ report 2011 Examiners’ report 2011 265 0020 Public law – Zone A Introduction As in previous years, the quality of papers ranged from First Class to poor Fails. In this report the Examiners will discuss what constitutes a „good‟ answer and what does not. Extracts from candidates‟ examination scripts are included in relation to Questions 1 and 4, both of which were statistically popular with candidates. Please note that spelling errors and other linguistic problems have been left as they were on the examination script. General remarks As in previous years, irrespective of the actual questions on the examination paper, there are a number of common problems which detract from the quality of the answers given. The first relates to understanding and correctly interpreting the question. Although a number of the same topics will appear on the paper each year, candidates must appreciate that this does not mean that there is a standard answer which will be adequate for the particular question. It is extremely important that you take care in interpreting what the actual question is asking, and adapt your knowledge of the topic accordingly. The Examiners can spot a „rote-learned‟ preprepared answer and it is rarely adequate for more than a bare pass, if that. A related issue concerns relevance. One of the main purposes of the 15-minute reading time is to enable candidates to read and reflect on what the questions require, and a correct interpretation is crucial for success...
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...Comparing UK’s and Morocco’s Politics I. Introduction The United Kingdom is one of the most developed countries in the world. Many historical reasons are behind the success of this latter country; but the reason that has a special importance in my opinion is the industrial revolution. Leading the global movement of industrialization made the UK today a prosperous country. Citizens enjoy their civil liberties according to the Human Rights Act 1998 which gives further effect to the European Convention on Human rights in the United Kingdom. The Kingdom of Morocco is the most politically stable country in the Arab World. The Alaoui Dynasty reigned and governed the country for several centuries and is still the central pillar of the Moroccan state. The Monarchy is believed to be the rationale for the exceptional stability of Morocco, and few Moroccans would argue the contrary after the events of the “Arab Spring”, yet the country has a long democratization process to achieve. The constitutional reform that was launched by His Highness the King Mohammed VI is a decisive step for Morocco to become a democratic state. Comparing the political systems of the United Kingdom and Morocco is an interesting subject of study. Both countries are very old monarchies but share only some few characteristics. Throughout this essay, we will try to compare the political systems of the UK and Morocco according to the following subjects: the monarchy, the legislative, the executive, and the...
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...7 III. Uniting and Stabilizing the Nationality……………...……………….............................................. 7 B. Weaknesses…………………………………………………………………………………………………………… 8 I. An Obsolete and Non-democratic Institution………...……………………………………………... 8 II. Obstructing the Future Development of the Britain…….………………………………………. 8 III. Expensive……………………………………………...…………………………………………………………. 9 6. Comparison to American Head of State…………………………………………………………………… 11 7. Recommendation……………………………………………..……………………………………………………. 11 8. Conclusion…………………………………………………………………………………………………………….. 12 9. References……………………………………………..……………………………………………………………… 14 1. Introduction Monarchy was the primary government form for a majority of European countries before 1914 (Bogdanor, 1995). However, in modern Europe, few countries retain the monarchies. The United Kingdom, as one of the most developed countries, still maintains the position of monarch as the head of state. Today’s British monarchy, which is also called a Constitutional Monarchy, is quite different from the past ‘absolute monarchy’. “The monarchical shell remains intact, but the inner workings have been taken over by party political leaders,” says Norton (2007). In the past, the monarch...
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...December 7, 2012 Gun Control Obviously, guns have been a very big part of our history but because it was use inappropriately gun control was created. Guns are weapons that can take a life in an instant (“Does Gun Control…”). Guns have been part of American society since the arrival of the first European settlers (“Topic Overview…”). Arms in this country are part of our history, part of our culture. It has been passed down, generations to generations, as just an important part of who we are (“Topic Overview…”). Prior to the civil war, gun control laws were enacted in the slaves states principally due to the fear of firearms in the hands of free blacks and slaves who might rebel against their masters (“Special Interview…”). In the 1960’s after the assassination of President John F. Kennedy, Dr. Martin Luther King Jr, and Senator Robert F. Kennedy, gun control became a major subject of safety. Certain individuals cannot handle firearm safely, and some individuals choose to use firearms inappropriately. Our society has passed laws regulating the ownership and use of firearms, and more legislation is being considered (“Special Interview…”). Throughout history violence has plagued the human race. We have passed laws to protect society, but the violence continues. Laws attempt to change human behavior, but laws are not able to change human nature. Laws are not enough to protect people from aggression. Xiong 2 While gun control advocates contend that guns leads to crime, injury, and...
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...Module: Public Law& Civil Rights ‘The Government is pledged in its manifesto to complete reform of the Lords to remove the hereditary element entirely and to reconstitute the House on a modern representative basis.’ Government White Paper (The House of Lords: Completing the Reform 2001). Consider the political and legal reasons as to why, some 13 years after stage 1 of House of Lords reform (the House of Lords Act 1999), Parliament has only now started to consider Stage 2 legislation (House of Lords Reform Bill 2012). Abstract During the past 100 years, the British government has never ceased trying to bring democracy to the House of Lords. However, having examined the reform history, one could conclude that all the reforms proposed after 1999 are not carried out as planned. This essay, therefore, attempts to provide descriptions on the major reforms of Lords proposed or implemented since 1911. It will focus particularly on discussing the main political and legal difficulties on the incompletion of reform of Lords since 1999. 1. Introduction The House of Lords has long been known as a historical curiosity of this country. Together with the Canadian Senate, the chamber remains one of the only two unelected second chambers in the modern and major democracies. Owing to the undemocratic composition of the Lords, it was reluctant to utilize its legitimate powers in the 20th century for which some local political scholars described as having ‘a little public profile...
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...care access, quality, and services for millions of Americans with health and behavioral health needs. Social workers practice as part of health caretailing the factors necessitating health care reform in the United States. Second, it analyzes whether a constitutionally protected right to make personal health care decisions exists under the Fifth and Fourteenth Amendments' Due Process Clauses. Finally, the article analyzes the susceptibility of government-sponsored health care-specifically proposals which include a public option-to due process challenges and makes suggestions to avoid any potential fundamental rights violations. [PUBLICATION ABSTRACT] quirement to purchase health insurance. It also examines some recent Canadian constitutional law cases to anticipate possible future legal challenges to health care reform in the United States. INTRODUCTION The question of the reform of the American system of financing health care has, of course, recently been a central focus of debate in American politics. Because the author of this paper is something of a "political junkie" and keeping current on this issue seemed a desirable part of being a law professor at the current moment, I decided to investigate and examine what legal issues have been involved in the health care reform debate. To a fair degree, what I discovered was that the health care issue is primarily focused on politics, ethics, and economics, rather than on legal issues. But a variety of legal issues have...
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...Resolution Center for Constitutional Rights The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Founded in 1966 by attorneys who represented civil rights movements in the South, CCR is a non-profit legal and educational organization committed to the creative use of law as a positive force for social change. CCR uses litigation proactively to empower poor communities and communities of color; to guarantee the rights of those with the fewest protections and least access to legal resources; and to train the next generation of civil and human rights attorneys. Formed in order to work hand in hand with people’s movements, CCR has lent its expertise and support to a wide range of movements for social justice. We strive to complete the unfinished civil rights movement through targeting racial profiling and other modern-day manifestations of racial and economic oppression and through combating discrimination that is based on gender or sexuality and struggling against government abuse of power. For decades, CCR has pushed U.S. courts to recognize international human rights and humanitarian protections – and we have had groundbreaking victories that established the principle of universal jurisdiction in this country and extended human rights standards to abuses committed by corporations and other nongovernment groups. The Center for Constitutional Rights was the first...
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...Since the amnesty Immigration Reform and Control Act of 1986 IRCS (USCIS 1986) signed by the President Ronald Regal, which provided amnesty for 3 million illegal immigrants, in returns for increased border security and penalties for companies “knowingly” hiring illegal immigrants. Aside from creating the H-2A visa seasonal employment, IRCA failed to create new avenue for legal immigration. The combination of amnesty and inadequate avenue for legal immigration exacerbated the problem for illegal immigration. The law was supposed to be a comprehensive solution with provision intended to clamp down on border security but those provision were never enforced and the subsequent explosion in illegal crossing has resulted in more than 11 illegal immigrants living in the United States now. Texas is the state with most illegal immigrants with an estimated of 1.8 million illegal immigrant living in Texas now, compared to 1.1 million in 2000 (???). In ten years, that represents increase of 54 percent or 70,000.00 persons each year coming to the State illegally. The amnesty of 1986 brought many benefits to the illegal immigrants but also the immediate family members such as spouses, children and parents were also benefited because they could join the family member in the United States later on. I was personally one of the benefited with this amnesty because I could immigrate to the United States in the late 1990’s. During the last 20 years the Department of Homeland Security (DHS) called...
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