Abstract This paper discusses the Constitutional Reform Act of 2005, which enshrines in law, for the first time, a duty on government ministers to uphold the independence of the judiciary. The paper describes the history and the scope of the law, as well as its purpose. In addition, the paper discusses the Constitutional Reform Act with relation to English constitutional law and its need for reform.
From the Paper "The scope of judicial review today is almost unrecognisable compared to that of 25 years ago, and judges are more willing to intervene to ensure that the body in question acts in a procedurally correct manner, even when such a decision may impugn on the authority of the executive. For example in the case of Anisminic Ltd v Foreign Compensation Commission , where a statutory provision seemed to exclude the courts' supervisory jurisdiction, the court, according to Wade and Forsyth, acted in a way of "total disobedience to Parliament" by recognising a broad concept of jurisdiction. Further, in the Pergau Dam case, Lord Irvine argues that the court "took away from the executive a considerable degree of autonomy" in holding that the Secretary of State's decision was unlawful. He continues arguing "it is this type of judicial activism which begins to blur the boundary between appeal and review, thereby undermining the constitutional foundations on which the courts' supervisory jurisdiction rests"."
Abstract This paper discusses the role of an advertising agency and its the traditional payment system of commissions based on media placement fees paid by the client. The paper looks at financial issues from the agency's perspective with commissions, and alternatives to commissions such as labor-based and full-fee alternatives. The paper concludes that the commission structure is being phased out and that the industry will embrace alternatives.
From the Paper "The advertising agency has become a staple of business today. There are advertising agencies that specialize in international marketing, others that specialize in particular industries and still others that focus on particular media. Some agencies are full-service, offering their clients a complete package from concept through execution and placement, while other agencies are more specialized. Increasingly, advertising agencies are participating in key aspects of marketing including the product aspect of the marketing mix."
Tags: advertising, advertising agencies, media commission, commissions
Abstract This paper discusses the provincial government's Agricultural Land Commission and the policies it enforces on land use in British Columbia. It looks at how the scarcity of agricultural land and the importance of food self-sufficiency, combined with competing demands for farmland for non-farm uses, convinced the government that preserving farmland for agricultural purposes was a matter of provincial interest and importance.
From the Paper "Due to increased competition and the increasing demands of the contemporary consumer, the need for establishing sustainable industries that enhance quality of life is crucial when creating a thriving local business environment. However, in recent years business development has taken a back seat to environmental protectionism in part due to the lack of suitable land for agricultural and farm use. "
Abstract The following paper outlines the various services the Texas Veterans Commission provides to returning veterans. Among other things, the TVC is a portal of information and it is also an organization excellent in the art of cultivating relationships with other organizations. The paper ultimately argues that the TVC is an under-appreciated and highly sophisticated organization.
From the Paper "When many people think of the Texas Veterans' Commission, they immediately think of pension and post-service entitlements. This kind of thinking is understandable but also rather unfortunate, because the Texas Veterans' Commission offers much more. In the following paper, attention will be granted not only to the TVC's meritorious efforts to assist veterans in the receipt of post-service benefits, but also to its efforts to re-integrate veterans into civilian life. As will soon become apparent, the level of expertise at the TVC and its breadth of services are commonly overlooked - except by those grateful souls who have benefited from them. With that in mind, it is to a discussion of the TVC that this paper now turns. "
Abstract This paper explores the Federal Communications Commission. It begins with a brief history and the current structure of the Agency. The paper then discusses the functions of the Agency and the current problems and successes the Agency is experiencing. Lastly, it overviews the method of information dissemination for Agency, and the important information products available.
From the Paper "The Communications Act of 1934 established the Federal Communications Commission (FCC). This independent United States government agency is directly responsible to Congress, and is responsible for regulating interstate and international communications, including: radio, television, wire, satellite, and cable. The FCC has jurisdiction over all 50 states, the District of Columbia and American possessions ("About the FCC", 2006). The FCC was a replacement for the Federal Radio Commission, which was a temporary agency established in 1927. As mentioned, the FCC was created by the Communications Act of 1934, which was enacted by Congress on June 19th, 1934. It "consolidated, on a permanent basis, regulatory authority over all interstate broadcasting and wire communications, including telephone and telegraph" (Longley, 2006)."
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."
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."
Explores constitutional issues in racial profiling and discrimination in the wake of 9/11. Examples of profiling are derived from general minority experiences and specifically Arab/Muslim discrimination after 9/11.
2,200 words (approx. 8.8 pages), 4 sources, 2001, $ 68.95
Abstract This paper presents a detailed examination of racial profiling. The writer addresses four scenarios and argues for or against their legal and moral foundation based on the 14th amendment of the United States Constitution. In addition to the writer's belief regarding each scenario, we are given key elements of the opposition's argument and the writer's rebuttal to that opposition.
From the paper:
"Following the attacks on America September 11, 2001, there were cries for revenge throughout the nation. Anyone who looked Muslim was endangered as Americans took their anger to the streets. Following the attack there were several instances in which pilots refused to fly planes until Muslim looking passengers were removed and angry residents threatened those who looked like one of "them". The initial rage died down and in its place we were given many new security measures that we have been told are for the good of national security. The measures boil down to legalized racial profiling in some cases. Racial profiling is not a new event. It has been around for many years. Racial profiling goes against everything the constitution of this nation stands for; yet in light of the attacks in New York, Americans are less vocal about it then they have been in the past. Now, instead of denouncing all profiling as unconstitutional and wrong, we find ourselves looking at individual profile scenarios and holding them against the constitution to see if we can slide them through. We have entered a new world since the attacks. It is a world in which we are trying to walk a much thinner line between protecting the safety of those who live here and protecting the constitution."
Tags: racism, profiling, 9/11, constitution, Blacks, Arab, Muslim
Abstract This paper looks at the origins and objectives of the European Union's Constitution. Some of its shortcomings are explored, and the complications and difficulties that have arisen as a result of the constitution are also studied. The paper also looks at the legal implications of creating a European Constitution with respect to implementation, the appeals process, and dispute resolution.
From the Paper "The civil justice system in the United Kingdom is based on the precedent of common law rather than the "code Napoleon" of France and other European countries. In many ways, this has made it extremely successful: Hernando de Soto and others have commented on how the nature of private property had first been enunciated properly in the English-speaking word, and how civil institutions such as consumer lending were soon to follow. To many, the English system is a model for the world. However, the current system has developed internal complexities, which make it unintelligible to the layman."
Abstract This paper explains that, in the ratification debate over the Constitution, Madison's perspective appears more persuasive because it is clear that his observations concerning selfish and ambitious human motivations and inherent character weaknesses are accurate. The author points out that Madison felt that the Constitution must address these issues and establish safeguards against them. The paper relates that protecting the citizenry from governmental abuses of power caused by ambition, political faction, and human motivations and weaknesses could only be achieved by the constitutional measures Madison supported.
From the Paper ""Gentlemen of this convention, I stand before you as an advocate of the Constitution, and submit to you that it must be ratified if this nation is to truly attain the ideals of freedom and self-government that we all fought for with such dedication during the War of Independence." A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions. Such advice is still relevant, for precautions against government power is the only effective way to preserve the rights of citizens. (Madison) The separation of power established by the Constitution will preserve us from the danger of factions, for ambition must be made to counteract ambition."
Abstract The paper examines the nature of the constitutional debates between the Federalists and the anti-Federalists that led to the adoption of the US Constitution. The paper offers an understanding of the history both leading up to and during the period of debate. The paper relates that because of the debate that surrounded the document from the start, the terms of the Constitution are ambiguous, flexible and thus always open to debate.
From the Paper "The Constitution of the United States of America is perhaps the world's oldest written national constitution. Adopted on September 17, 1787, the Constitution is the result of a significant and heated debate between who have become known as Federalist and Anti-Federalist. It was largely due to the arguments and propaganda of these two groups that lead to the final form of the document that was adopted. This debate was far reaching in that it occurred physically both in the various forms of the constitutional conventions and in the streets and homes in the form of editorials."
Abstract The nature of the U.S. Constitution is another of these perennial debates. A product of the American Revolution, some historians regard it as evidence of the revolutionary nature of the new Republic. However, other historians argue that it was a reactionary document designed to mitigate political and social change in the wake of the severance of the connection to Great Britain. Was the Constitution an attempt to prevent internal disruption in the wake of international dispute? The following brief discussion will address this issue.
Abstract This paper reviews the ongoing public debate in the UK (United Kingdom) on whether or not the UK needs a written constitution. The author explains the advantages and disadvantages. The paper considers other areas of constitutional reform including establishing of an independent judicial.
From the Paper "...an assessment of the advantages and disadvantages of a written constitution for the United Kingdom together with conclusions as the whether the United Kingdom should adopt a written constitution. = The current public debate concerning the need or ..."
Abstract The following paper briefly adumbrates ten constitutional amendments this writer believes can safeguard individual rights in America. The paper looks at the constitutions of other lands to arrive at a better idea of what revisions will serve America best. The paper concludes that American problems need uniquely American solutions.
From the Paper "Proposing amendments to the United States Bill of Rights is a favorite activity of many Americans. With that in mind, the following paper will offer up ten amendments, in order of significance, aimed at bolstering individual rights. To perform this rather ardurous task, it is necessary - among other things - to speak with various individuals who are of voting age and of sound mind to gain their input into what amendments will most advance the cause of liberty and the pursuit of individual happiness. The paper will also review the constitutions of at least a handful of other nations with an eye towards determining which aspects of them, if any, may be worthy of incorporation into the revised Bill of Rights. Finally, this paper will conclude with a table that delineates each of the ten amendments and offers a brief explanation of the meaning and intent of each amendment."
Abstract The following paper outlines a number of constitutional issues pertaining to the United States' Constitution. Specifically the paper reviews some general interpretations vis-a-vis the separation of powers as well as the history of equal protection under the law as mandated by the fourteenth amendment. Finally the paper looks at the differing views of four significant legal minds as they grapple with the issue of genuine equality under the law.
From the Paper "Topics Pertaining to the United States Constitution: Separation of Powers, Equal Protection under the Law, and the Views of Justice Antonin Scalia et al. Part I: Separation of Powers The three departments of the United States Federal Government share power in various ways. The following paper will examine this and also examine how different views on the United States separation of powers have been articulated by various individuals and in various legal cases. To begin with, in a June, 1807 letter to George Hay, Jefferson argued that the three branches of American government were intended to be independent of one another. More specifically, Jefferson held that activities or responsibilities expressly granted to one branch of government by the constitution were not to become the purview of another branch of government (para.1). In drawing his letter to Hay to a close, Jefferson wrote that he was steadfastly opposed against any"
