...To what extent have constitutional reforms introduced since 1997 made the UK more democratic? Since 1997 the UK has seen many constitutional reforms; it is argued about whether or not they have made the UK more democratic, this easy will be going through a few of these reforms and explain how they have effected the UK. The word democracy means a system of government in which all the people are involved in making decisions that effect the country/state, it can further be defined as a government for the people, by the people, of the people, the people of the state can have their say through electoral votes, referendums lobbying or protests. Democracy has many aspects such as decentralisation, accountability, participation, open government and rights protection; decentralisation means the process of distributing or dispersing power away from the central government, an example of this can be seen in the Devolution Act of 1997. Accountability is the act of the government being liable for everything they do; this relates back to the rule of law which states that anybody can be taken to court if they have broken the law including the law makers themselves. Holding the government accountable means that anybody of the public can take the government to court if they have broken the law or if someone feels like an Act has been broken. Open government definitely helps democracy as it means that citizens have the right to access documents and proceedings of the government to allow for...
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...Constitution to be written in 1910 and to finally become a state in 1912. The Arizona Constitution, when first adopted, was seen as one of the most radical documents in the United States, and even today it still has many contrasts to the U.S. Constitution. Some of the events which helped to shape the Arizona Constitution, as well as make it an official state are the Pre-territorial Period, the Spanish Period, The Mexican Period, the U.S. Controlled Period, the Territorial Period and the impact of the Progressive movement on the creation of the Arizona constitution. First, the Pre-territorial Period is probably the most politically unknown because it is impossible to reconstruct how these prehistoric communities felt about politics and democracy. However, evidence shows that people inhabited Arizona for thousands of years before the Europeans. Indians were considered to be the “first citizens” established in Arizona, long before it became a state. There are three major cultures which lived in this state, which were the Apache, the Navajo, the Hohokam and Mogollon. The Hohokam disappeared around the mid 1400’s but historians do not know why. Each group was complex in their social organizations which showed that they were well established and sophisticated. The Indians significantly influenced the history of Arizona. Many of the cities, mountains, and other landmarks have Indian names and they are considered to be the “first Arizonans” and have a great deal of respect from those...
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...Insert Name: Insert Course Title: Insert Instructor’s Name: Date: ABSTRACT Administrative decision judicial review is the authority vested to review laws, court decisions, policies, or executive powers relevant to subjudice matters. The judicial reviews have been imposed in many states in search of equity and fair judgments. Judicial review has been made part of Australia’s legal process although there are no clear provisions in the constitution. According to Mark Tunshets,( Jones, Ian. The anisminic revolution in Australian administrative law: an analysis of extended jurisdictional error. Turramurra, N.S.W.: Local Legal, 1998. Print.) Judicial review in Australia has a lot of authority since it is only the high court that can interpret the constitution. Judicial review in Australia is complicated by clause 5 of the constitution. This clause provides that all the amendments done by the commonwealth parliament are binding to Australia. This is because the courts mandated to interpret the law must decide if the law is binding to Australia (Canberra, 2005). The chief justice Marshall asserted that judicial review is incredibly paramount in the Australian legal system(Fordham, Michael. Judicial review handbook. 5th ed. Oxford: Portland, OR :, 2008. Print.). In 1951, justice Fellugar proposed that the principle of Madison v. Marbury is adopted as axiomatic(Johnston, Richard E.. The effect of judicial review on federal-state relations in Australia, Canada, and the United States...
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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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...holds a singular importance in the system. Ever since the country entered the global stage, a far change from its beginnings as a nation with expressed neutrality, it has continuously played a growing part. The United States is able to play a part in the global legal system through its large influence in foreign affairs. Considered the current hegemon, it has been able to for simplicity sake dictate through its many outlets its preference of a legal system. They have been successful in this agenda with the assistance of the powerful Department of Justice, their numerous government agencies, as well as with the influence of American economic and humanitarian programs, among others. This paper will try to explain the United States’ power and influence of the global legal system, through practices such as transgovernmentalism and positive comity as well as by such bodies as the United States Supreme Court, the Department of Justice, the State Department, and the U.S. Agency for International Development. Also investigated is the United States’ role with international bodies such as the International Criminal Court, an organization that America disagrees with and has refused to join. Some questions however remain; through its global programs and supremacy, has the United States been affected by foreign influence? Has the United States tried to stave off such attempts by nations and organizations abroad? Groups such as the International Criminal Court and non-governmental...
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...Rule of Law Reading. Parpworth, Constitutional and Administrative Law. Pages 42-44 Bradley and Ewing Constitutional and Administrative Law. Pages 89-101 Another cornerstone of the British constitution is the Rule of Law. This principle is developed from the writings of 19th century writer Dicey who stated that there are three (3) elements to this principle; 1. Nobody should be punished by the state if they had not broken the law 2. One law should govern everyone – citizens and state officials 3. Rights of individuals should not be secured in a written constitution but by the decisions of judges in ordinary law Today the importance of the concept of rule of law is combination of these three (3) elements forming the principle that the state may use its powers only according to agreed rules. Membership of the European Union and the introduction of Acts such as the Human Rights Act have sought to extend and preserve these principles. The one of the result of the Human Rights Act 1998 is that Government actions are potentially subject to more judicial review than previously. The actions of the Government and the judicial response to the perceived terrorist threats are a good example of this. ) A v Secretary of State for the Home Department [2005] UKSIAC 1/2002 Lord Steyn has stated that the decision in this case ‘goes to the very heart of our democracy’ and ‘anchors our constitutional system on the rule of law’ Lord Nicholls stated that ‘indefinite...
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...comprehensive document, it is said to embody a codified constitution. Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights. An example is the constitution of the United States of America. George Washington at Constitutional Conventionof 1787 signing of the U.S. Constitution. The Constitution of India is the longest written constitution of any sovereign country in the world,[2] containing 444 articles in 22 parts,[3][4] 12 schedules and 118 amendments, with 117,369 words in its English-language translation,[5] while the United States Constitution is the shortest written constitution, at 7 articles and 27 amendments.[6] Constitution of the Philippines From Wikipedia, the free encyclopedia Constitution of the Philippines Created October 15, 1986 Ratified February 2, 1987 Location Legislative Archives of the House of Representatives,...
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...Australian Government’s proposed reforms for protecting and promoting human rights for the more vulnerable groups in Australia. A bill of rights alone will not protect the rights of the people. But nor will a majoritarian democracy. Contemporary democracy stands for more than just the primitive notion of according full power to the popular majorities of Parliament by the vote. It requires the recognition of Parliamentary sovereignty, and furthermore it calls for the preservation of the principles of rule of law, judicial independence and more importantly the rights of all individuals. Although the Government’s recently launched National Human Rights Framework promises a selection of human rights protection mechanisms, in light of its failure to provide a bill of rights that many Australians want, it is an inadequate attempt at promoting and protecting the more vulnerable groups. Even though the Framework claims that it reserves the function of statutory interpretation for the courts, in reality it empowers the Parliament with the capacity to “guide”[1] the courts into enacting legislation. The Government’s downplay of judicial influence cannot be ignored and this points to a discussion of whether Australia needs a bill of rights. The role of the courts also need to be evaluated with respect to the other branches of government, the legislature and the Executive, in an effort to attain a healthy balance between judicial independence and Parliamentary sovereignty for the people...
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...political order governed by laws and regulations. Within the concept of constitutionalism is the idea of limited, open, transparent and accountable government which must truly represent the will of the people and not simply smoke-screen the will of the people. Mwansa (2013:10),explains that it is a complex ideas, attitudes and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law. Constitutionalism is there to tame wayward governments that see no limits to their powers or simply ignore such limits in the guise of pursuing a common or greater good. In a state that recognizes the importance of constitutionalism, the leaders are bound to observe both limitations of power and the procedures which are set out in the supreme constitutional law of the community. Constitutionalism ensures that governmental powers are limited beyond theory, and in practice. Constitutionalism goes beyond a good constitution and beyond constitutionality of governmental action or a country’s laws.Constitutionalism is a concept associated with the political theories of John Loce and the founders of the American republic and equated with the concept of regular juris, which means the Rule of law. Carl J. Friedrich,explains that , “ Constitutionalism by dividing power provides a system of effective restraints upon the governmental action. In studying it one has to explore methods and techniques by which such restraints...
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...government – PUBLIC ADMINISTRATION 3. Development of ideas relating to the origin, form, behavior and purposes of the State – POLITICAL THEORY 4. Structure and functions of national and local government units – GOVERNMENT 5. The interplay of societal forces influencing political actions and decisions – POLITICAL DYNAMICS 6. Description and analysis of the similarities and differences among states – COMPARATIVE GOVERNMENT 7. Principles governing and regulating the relationship and conduct of states – INTERNATIONAL RELATIONS 8. The vital role of law-making bodies in rule making – LEGISLATURE 9. The exercise of the regulatory function of government affecting the national economy – GOVERNMENT AND BUSINESS 10. Constitutional and legal principles governing governments and individuals as they relate with one another – PUBLIC LAW C. Which image of politics in the Philippines is associated with each of the following? 11. Predetermined decisions and actions of the men and officers of the AFP to influence government decisions - GAME OF THE GENERAL POLITICS 12. Decision-making by Bro. Eraño Manalo and Mike Velarde with important political implications – FAITH BASED POLITICS 13. Pres. Arroyo gifting congressmen to legislate the expanded value-added tax – CHIEF EXECUTIVE POLITICS 14. A drug lord donating campaign funds to a well-known mayoralty candidate to protect his interests – X-MEN POLITICS 15. Policy pronouncement by some cabinet secretaries...
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...The Systematic Obliteration of the Constitutional Republic The power of the US federal government, relative to the power of the states, has increased since the ratification of the Constitution in 1791. Describe how the provisions within the Constitution pertaining to the ‘power to tax and spend’ (Art.1, sec.8, pt.1) and the ‘commerce clause’ (Art.1, sec.8, pt.3) have been used over time to expand federal power and thus the power of the President. “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness” (Declaration of Independence, n.d.). Taken adapted from the scholar John Locke’s “Life Liberty and Estate” in his text the ‘Second Treatise of Government’, (Locke, J. 2005) and incorporated into the United States declaration of independence. Much has been said on the influence of Locke, on Thomas Jefferson during the drafting of the United States declaration of independence, such as was argued by McKay, (2005 pp. 44) . However, where Locke emphasized the importance of procuring and maintaining a limited government, it appears his influences on the political foundation of the United States drew to a halt here. As we are now bearing witness, to one of the most rapidly expanding government institutions in western liberal democracy. In this essay, I intend to discuss how the expansion of federal government power has increased...
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...POLITICAL SCIENCE One of the 3 core subjects offered in a triple main combination to BA- (EPS & HEP) The discipline aims at imparting knowledge of indispensable institutions, concepts and ideals. The study of the subject enables an individual to learn the art of government and administration. The courses in the first two semester focus on basic concepts of political science and major political ideologies. The next two, third and fourth, puts emphasis exclusively on the Indian political system. The fifth and sixth semesters courses deal with public administration and International relations. Course objectives 1. Imparting value based education. 2. Preparing responsible and politically conscious citizens. 3. Building good leadership qualities and responsible future leaders. 4. Understanding the art of government and administration. 5. Motivating students to take competitive examinations. 6. Creating civic sense COURSE STRUCTURE I Semester Course Code POL 131 II Semester Course Code POL 231 III Semester Course Code POL 331 IV Semester Course Code POL 431 V Semester Course Code POL 531 POL 532 VI Semester Course Code POL 631 POL 632 Title Core Concepts of Political Science. Title Major Political Ideologies Title Indian Government and Politics- I Title Indian Government and Politics- II Title International Relations- I Principles of Public Administration Title International Relations- II Personnel and Financial Administration Hrs/ wk 5 Hrs/ wk 5 Hrs/ wk 5 Hrs/ wk 5 Hrs/ wk 4 4 Marks...
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...Päivi Leino The European Central Bank and Legitimacy Is the ECB a Modification of or an Exception to the Principle of Democracy? Harvard Law School Cambridge, MA 02138 All rights reserved. No part of this paper may be reproduced in any form Without permission of the author. © Päivi Leino 2000 Harvard Law School Cambridge, MA 02138 USA The European Central Bank and Legitimacy Is the ECB a Modification of or an Exception to the Principle of Democracy? Päivi Leino, Åbo Akademi University( M.Pol.Sc. (international law), Åbo Akademi University, Finland; LL.M. candidate, London School of Economics and Political Science. This paper was concluded on August 8, 2000 and subsequent changes have not been considered. The author would like to thank Professor Markku Suksi and Lic.Pol.Sc. Kurt Långkvist for their comments and encouragement. The author has exclusive responsibility for all views, errors and omissions. Comments are invited to Paivi.Leino@abo.fi.) 1. The Sovereign of Monetary Policy The creation of a single market and the continuing concentration and integration at the European level have created phenomena that can neither be governed by nationally based policies nor left to the working of unregulated markets.( Hirst, Paul and Thompson, Grahame (1996), p. 156.) According to the European Court of Justice, one of the cardinal aims of the Treaty is to create a single economic region, free from internal restrictions...
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...FINANCIAL MANAGEMENT OF COURTS BUDGET Programme Director, Tererai Mafukidze Members of the South African Judges Commission, Members of the Venice Commission Various Professionals and members here present, Distinguished Guests, Registrars from various parts of the world, Ladies and Gentlemen Protocol observed. I am humbled to address this auspicious gathering of the South African Judges Commission and Venice Commissions Registrar’s workshop held in our most beautiful land, South Africa. Allow me, therefore, to extend a warm word of welcome to all newly appointed Registrars and also pay recognition to those of you who have been a pillar of strength at your various organizations ensuring enhanced administrative support and capacitating the Judiciary that you serve. You are indeed a critical foundation on which the future of judicial effectiveness lies. Ladies and Gentlemen: I have been requested to talk about Financial Management, Management of Courts Budgets and its Challenges. I am sure you will agree with me that anyone requested to talk about this topic, can do so for the whole day or two or even a week. I am saying so precisely because financial Management, Management of Courts Budget and its Challenges are extensive and to sum this up in 30 minutes is in itself a challenge. INTRODUCTION It is said that if managers expect their subordinates to adopt any of their wishes or characteristics, such as frugal qualities in the workplace, managers themselves must...
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...GUJARAT UNIVERSITY SYLLABI OF THREE YEARS LL.B. PROGRAMME WITH CREDIT BASED SYSTEM (As prescribed by the BAR COUNCIL OF INDIA and as per the Rules of Legal Education, 2008) Effective from the academic year 2011-12 THREE YEARS’ LL.B. POGRAMME First LL. B. Semester – I FIRST LL.B. - SEMESTER 1 (MONSOON) PER WEEK CORE COURSE 101 SUBJECTS Law of Tort including MV Accident And Consumer Protection Laws Criminal Law Paper – I (General Principles of Penal Law) Criminal Law Paper – II (Specific Offences) Law of Contract Special Contract Constitutional History of India Use of Law Journals and Legal Software LECTURES 4 OTHERS 1 TOTAL 5 CREDITS (SEM)29 5 CORE COURSE 102 CORE COURSE 103 CORE COURSE 104 CORE COURSE 105 FOUNDATION 106 F SOFT SKILL 107 K 4 4 4 4 1 1 1 1 1 1 1 1 5 5 5 5 2 2 5 5 5 5 2 2 1 Semester – I Monsoon Semester CORE COURSE 101 : LAW OF TORT INCLUDING MV ACCIDENT AND CONSUMER PROTECTION LAWS Objectives of the course : With rapid industrialization, tort action came to used against manufacturers and industrial unit for products injurious to human beings. Presently the emphasis is on extending the principles not only to acts, which are harmful, but also to failure to comply with standards that are continuously changing due to advancement in science and technology. Product liability is now assuming a new dimension in developed economics. In modern era of consumer concern of goods and services, the law of torts has...
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