Abstract This paper analyzes the role of women in society, and the intense race for a proper marriage in "Sense and Sensibility" by Jane Austen. The author specifically uses the character of Lucy Steele as an example of the desperate measures taken by young women who must secure a good economic future for themselves. The paper pays close attention to the legal and economic roles of women under old English Law.
From the Paper "While the character traits of Miss Steele seemingly leave much to be desired in the area of respectability by today's standards, her actions can be clearly understood when the setting and time is examined during which Sense and Sensibility was written. In England during the early 1800s, the economic future of a young woman depended solely upon her entering into a marriage with a man of means. Life for women in the 1800s was completely dictated by male rule, and if a young woman was not successful in "winning" a husband for herself, her future was bleak, indeed."
Abstract This paper assesses whether the traditionalist views held by Dicey, Blackstone and Jennings et al, still hold weight in contemporary Britain following enactment of the European Communities Act and the Factortame Merchant Shipping Case. It describes the traditionalist conventions, such as the enrolled bill rule, Heuston's manner and form thesis and implied repeal. It then looks at the UK court's attitude to the development of the common law in relation to these principles according to the primacy of European legislation and asks whether the British constition has been indirectly amended as a result.
From the Paper "However, a further challenge to the traditional view has come from the UK's membership of the European Union. The European Communities Act incorporates EC law into the UK legal system providing the mechanism by which EC law is incorporated, gives powers to government to implement EC law, provides that UK courts should interpret all legislation to avoid conflict and that they should determine disputes in accordance with the principles laid down by the European Court of Justice. It is the final point that has the strongest implications, in that the ECJ has decided in Internationale Handelsgesellschaft that EC law takes priority over incompatible national law. The principle was to be upheld in the Factortame case , where the House of Lords disapplied the Merchant Shipping Act when granting interim relief to Spanish fishermen in breach of UK law."
Tags: constititution, dicey, ecj, handelsgesellschaft, jennings, repeal, rights
