Abstract The paper studies the separation of powers and the common law of the United Kingdom by looking at the rule of law as articulated in British case law and by discussing the division of rights and responsibilities between the legislative branch of government, the judicial branch of government and the executive branch of government. The paper then explores the broad concept of parliamentary supremacy. The paper shows clearly how a separation of powers exists within the Britishconstitution.
From the Paper "As mentioned above, the government of the United Kingdom is constrained by the fact that it must rely upon the will of Parliament for the passage of its legislative agenda and that all of it's (and, by extension, Parliament's) legislation and activity must conform to the dictates set forth by judicial review. Furthermore, the government does not have wide discretionary powers: the informal constitution of the United Kingdom, since at least Entick v. Carrington (1765) has often (but not always) made it clear that governments cannot do various things - like search peoples' homes - if there is no law authorizing such activity. The common law uncertainty indicated in the last sentence deserves some elaboration; to wit, the courts have sometimes been unenthusiastic about being called upon to keep the government within its legal bounds. A good example of this is Malone v. Metropolitan Police Commissioner (1979) where it was decided that wire-tapping was permissible in one instance even though no law existed authorizing wire-tapping."
Abstract This paper shows how the shape of the American government as embodied in the U.S. Constitution was influenced by such factors as the colonial experience, the revolt against British rule, and the failure of the earlier Articles of Confederation. The paper also discusses how the ideas embodied in the Constitution had been taking shape for some time before any of these elements had come into being, changing the way many in the colonies thought about government in the late eighteenth century. It shows how the ideas expressed in the Constitution derived from European theorists such as John Locke, Thomas Hobbes, David Hume, and Jean-Jacques Rousseau, though the manner in which these ideas were adopted by the colonists was influenced by the various elements of the colonial experience.
From the Paper "The Declaration of Independence was adopted in 1776 as a statement of the Second Continental Congress of the independence of the American colonies from British rule. Thomas Jefferson wrote the first draft, and ideas were then incorporated from John Adams and Benjamin Franklin. The document was adopted on July 4 and led to the success of the American Revolution. The document produced at the request of the Second Continental Congress expressed a number of political ideas than current in the colonies, ideas which had been expressed by others in a different form and which were now brought together by Jefferson in a final statement of independence from England."
Abstract These essays discuss the parliamentary system in Britain which is characterized by the fusion of power, and the effectiveness of the Gaullist constitution of the French Fifth Republic.
Abstract The paper discusses the doctrine of separation of powers that requires that each branch of the government not encroach on the domain of the other. The paper compares the BritishConstitution to the American Constitution. The paper then looks at the establishment of the Gun Courts in Jamaica and the Home Secretary's decision to enforce a greater sentence on the young murderers of James Bulger and explains how these rulings were inconsistent with the separation of powers. The paper shows how when the public outcry is at its height, decisions are taken that override the separation of powers and place the rights of the individual at risk.
From the Paper "The British system has both the judiciary and the legislature creating the law, it is equally difficult to see the separation of power. Starting from the Lord Diplock's statement on separation powers and its firm root in the history of the British constitution, the history of its evolution begins in the mid 5th century. (Knappen p. 3) The study of the development of the constitution is as much a study of the history of the British Isles as it is a legal review. The British constitution is a reflection of the history of the British people. There have been many attempts to have a constitutional convention and produce a single written document, but the constitution is in essence rewritten every time Parliament passes a new piece of legislation. The sovereignty of Parliament has always remained paramount in the establishment of a separation of powers."
Abstract When determining the true roots of the United States' Constitution, the paper shows that this great document is a conglomerate of Greek, French, and English political ideologies. First, the very heart of democracy lies with the ancient Athenians and their city-state, or polis, where all citizens were individuals and could express their thoughts and opinions freely. Second, the paper shows that, through the ideals of Montesquieu, the Constitution reflects the French face of democracy and obviously serves as the very bedrock for the document. Finally, the paper shows that the English Constitution bears some responsibility for the formation of its American counterpart, due to the opinions of Carter Braxton (1736-1797), a wealthy planter, Continental Congress delegate ,and signer of the Declaration of Independence, who argued that ?the best way to preserve liberty and stability would be to model the new government after the BritishConstitution?, which fortunately did not occur, and thus allowed the "Founding Fathers" to employ their own principles as they evolved from the minds and works of those that came before them.
From the Paper "But one of the most influential aspects of Athenian democracy which was later incorporated into the American Constitution was the idea of majority rule which symbolizes the principle that the interest of the group must prevail over that of the individual citizen when the freedom of the group and the freedom of the individual come into conflict. Thus, the Athenians assumed that the right way to protect democracy was always to trust the majority vote of free-born, adult male citizens without any restrictions on a man's ability to say what he thought was best for his country and for democracy. And much like the political ideals associated with the "Founding Fathers" such as Thomas Jefferson and James Madison, majority rule rested on the belief that the cumulative political wisdom of the majority of voters would always outweigh the voices of the minority, especially when such minorities exhibited certain eccentricities and irresponsible acts which on the whole might upset the democratic system."
Abstract This paper looks at British political history and why in Britain there has not been a revolution like that of France or Russia. The author discusses how there have been threats of revolutions in Britain, but they did not deflect the main current of political development. The writer shows how the gradual and continuous political development in Britain was not only devoid of civil commotion,but also influenced the politics of countless other countries all over the world.
From the Paper "Until the Middle Ages, Britain was a feudal kingdom that gradually transformed into a strong centralized monarchy. The monarchy came into its own in the middle ages and the monarchs felt secure enough in their position to seek the advice of their subjects in matters of the state. This resulted in the formation of the great councils that initially consisted of members of the nobility and church leaders. In the meetings of the great councils, the monarchs sought advice, exchanged information, and gathered petitions. (Kishlansky). These councils were the precursor of the present day parliament in Britain, the all-powerful legislative and executive body."
Abstract The military history of British involvement in India began, fully, in 1857 when Indian forces staged a revolt against the British East India Company. The Indian army began as an indigenous force run by British officers. The British role in India, far surpassed the history of British Imperialism anywhere else in the world.
Abstract This paper defines the doctrine of eclipse and its relationship to the Indian Constitution. The author points out that, by virtue of this doctrine, the legislature can simply revive an inconsistent pre-constitutional law by amending the Constitution. This results in legislative inertia. Thus, the paper concludes the doctrine largely benefits the executive and not the people.
Table of Contents:
Introduction
Nature and Scope
Research Questions
Doctrine of Eclipse
Applicability of Doctrine of Eclipse with regard to Post-Constitutional Laws
Article 13(1) is Not Retrospective
Distinction between Unconstitutionality from Lack of Legislative Competence and from Violation of Constitutional Limitations on Legislative Power
Distinctions between Article 13 (1) and 13 (2)
Supreme Court Decisions which point out the Distinctions between Articles 13 (1) and 13 (2) of the Constitution Distinction between Voidness in the case of Pre-Constitutional Law and Post-Constitutional Law
Amendment can Revive a Pre-Constitutional Law but not a Post-Constitutional Law Declared Invalid
A Critical Analysis of Doctrine of Eclipse
Conclusion
From the Paper "The amendment to the Constitution can revive pre-Constitutional laws if it removes the inconsistency associated with that law. This is by virtue of the application of doctrine of eclipse on pre-Constitutional laws which were not still born and would exist though eclipsed on account of the inconsistency to govern pre-existing matters. In the case of post-Constitution laws, they would be still born to the extent of the contravention. This would mean that the doctrine of eclipse is inapplicable in this case. There is no scope for the revival of a post-Constitutional law by an amendment of the Constitution."
Abstract This paper explains that both excerpts from C.S. Giscombe's "Into and Out of Dislocation" and Peter Hudson's "Natural Histories of Southwestern British Columbia" discuss black history in British Columbia. The author points out that the two writers' styles are utterly different. The paper relates that Giscombe simultaneously relates the history of his travels in British Columbia and the history of John Robert Giscome, a man who was possibly one of Giscombe's ancestors.
From the Paper "On the face of it, the excerpts from C.S. Giscombe's Into and Out of Dislocation and Peter Hudson's Natural Histories of Southwestern British Columbia seem to have little in common. Certainly, the two authors' styles are utterly different. However, closer analysis reveals many similarities between the two excerpts. The first and most obvious similarity is that both men have as their subject matter history - specifically, black history in British Columbia. Giscombe simultaneously relates the history of his travels in British Columbia and the history of John Robert Giscome, a man who was possibly one of Giscombe's ancestors."
State constitutions tend to show deviation from the structure of federal rule maintained by the U. S. Constitution. In the case of the Nevada State Co...
675 words (approx. 2.7 pages), 2 sources, 2005, $ 26.95
Abstract The paper explains how state constitutions tend to show deviation from the structure of federal rule maintained by the U. S. Constitution. The paper describes how, in the case of the Nevada State Constitution, there is ample evidence that this document sets forth a policy of law that is far more democratic in tone and in application than the constitution. The paper further discusses how there are strong similarities between the two documents, both, for example, stress the rights of the citizenry and even focus on issues such as the right to assemble and a citizen's ability to refuse to quarter other citizens in their homes upon order from the government.
From the Paper "It is generally understood that the United States is built upon the principles of democracy, in which the majority consensus of the citizens helps to define the shape of issues or elections. However, in assuming that the Constitution - the document upon which such practices are founded - is inherently democratic is only partially accurate. Indeed, it has been frequently argued that the U. S. Constitution is representative of the rule of law from a federation as opposed to a pure democracy; in a federation, elections occur among the majority of the citizenry but this process results in elected officials who then determine the direction of the country. In short, a federation transforms a democracy from the rule of the many back into the rule of the few, with the "few" in this sense being the elected officials selected through an elections process."
Abstract This essay focuses on British Soap Opera and its conventions. It gives a brief history of the soap opera genre and it origins. It gives examples of current and past british soap operas and their popularity and reasons for it. It also looks at theories of audience enjoyment and uses for such media.
From the Paper "The soap opera genre originates from the American radio serials of the 1930's so called because of their sponsorship by major soap powder companies. Due to its incredible success the genre grew and by the 1950's it had developed into television productions. The first soap to be televised in Britain was The Groves, which first aired in 1954 and lasted for three years. It was followed by what is now the longest running and most successful soap in Britain, Coronation Street. Rival terrestrial channels soon picked up on the success of Coronation Street (and the soap opera genre in general), this resulted in the arrival of Channel 4's Brookside in 1982, followed by the BBC's EastEnders in 1986."
Tags: conventions, eastenders, genre, soap, television, viewing, opera, British, BBC
Abstract This paper considers the globalization of and relationships within British Airways. It explores the international strategic challenges the company faces in the financial sector. The paper offers an overview of the airline industry of British Airway's position in the industry. The author also includes schematic representation.
From the Paper "The airline industry is one of the most heavily regulated industries in the world with some governments actively subsidizing their nation's air carriers and other government ..."
Abstract This paper examines the themes and issues presented in Robert Johnson's book "British Imperialism: Histories and Controversies". The paper also analyzes the historiography of British imperialism and discusses the consequences of colonization.
From the Paper "Johnson's purpose in this book is to explain some of the histories and controversies surrounding British imperialism, a concept he believes that was continuously evolving, was somewhat incoherent and even contradictory. Johnson considers his book an introduction to British imperialism, not a history of the British Empire. As such some of the content is presented in outline form rather than in depth. However presented, the content supports his aim of explaining how some of the historiography..."
Abstract This paper examines the presence of the British Army on Staten Island, New York throughout most of the Revolutionary War, which reflected the strategic and logistical importance of New York. The paper shows that military control of New York enabled the British Army to cut off the northern colonies of New England from the Mid-Atlantic and Southern colonies, securing a major port through which supplies and reinforcements could flow.
Abstract This paper considers why British bands and singers are not found on the charts as they once were and what is driving the process that keeps them from finding success with current record labels, noting that few British acts have managed to break into the American market in the last fifteen years or so, which really means they have failed to break into the world market, given that American producers control what the world hears in terms of popular music to a great degree.
From the Paper "In the 1960s, British acts were an important part of the American recording industry, with releases of the Beatles leading the way. The Beatles were followed by many other British acts that made inroads in the American market. This continued at a variable pace well into the 1970s, though more recently British acts have been largely ignored, with the exception of continuing acts like Elton John, Sting, and the Rolling Stones. Few British acts have managed to break into the American market in the last fifteen years or so, which really means they have failed to break into the world market, given that American producers control what the world hears in terms of popular music to a great degree. American tastes have been a determining factor for a century or more. "
