Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Law /politics - Essay Example

Comments (0) Cite this document
According to the May 2002 Information Note released by the Legislative Council Secretariat, the constitutional convention is “a binding rule, a rule of behaviour accepted as obligatory by those concerned in the working of the constitution.” Some think of conventions as…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.2% of users find it useful
Law /politics
Read TextPreview

Extract of sample "Law /politics"

Download file to see previous pages are taken to be implicit agreements that pertain to procedure and are arrived at by informal agreement between and among the institutions of the state. (Marshall, 1987) Those who espouse the last definition take the view that conventions must be literally “unwritten” and totally “informal” to the point of being mere customs; these include: MPs rebutting their opponents by addressing the house with the words, “Mr. Speaker”; members being addressed not by their names but by their constituencies; and the fact that the House of Commons does not sit on weekends.
This paper, however, will take the more popular view that constitutional conventions are more than mere customs. They are acknowledged and expected patterns of behaviour that have a more substantial bearing on the way the government is run. They have evolved over time or may even be arrived at by express act, such as the Sewel convention, which though formally agreed upon still lack the force of law. Three of these conventions will be studied in this paper.
As mentioned, conventions are not mere customary niceties, but neither are they laws. “Much of the constitution does not exist in any legal form at all,” according to Clements & Kay (2006, p. 5) Conventions account for lapses in the law that deal with constitutional relationships, in the form of habits, customs, words or understandings. For instance extremely important matters such as the existence of the Prime Minister and the real powers of the Queen do not exist in the constitution but are guided by convention. However, convention is not law, and therefore could not be enforced by the courts (Legislative Council Secretariat, 2002).
The main purpose of constitutional conventions is to ensure that the legal framework of the Constitution will be operated in accordance with the prevailing constitutional values or principles of the period. (Re Amendment of the Constitution of Canada [1982] 125 DLR (3d)1.) There are two major ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Law /politics Essay Example | Topics and Well Written Essays - 1250 words”, n.d.)
Law /politics Essay Example | Topics and Well Written Essays - 1250 words. Retrieved from
(Law /Politics Essay Example | Topics and Well Written Essays - 1250 Words)
Law /Politics Essay Example | Topics and Well Written Essays - 1250 Words.
“Law /Politics Essay Example | Topics and Well Written Essays - 1250 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


International politics and Law

..., creed, nationality or sex is unacceptable because all human beings are born free and equal in dignity and rights and each and every individual in this world is free to practice his beliefs and ideology and lead a life according to the way he deems suitable for himself. The convention lays stress on the rights of women in the states party to the convention and states that equal economic, social, cultural, civil and political rights of men and women should be ensured. The convention establishes concerns over the women rights violation in the world and emphasizes the eradication of racism, aggression, deprivation of basic rights of food, clothes and shelter to women. Over the years the convention has been signed and ratified by almost all...
4 Pages(1000 words)Essay

International Institutions: Law and Politics

The FBI uses this: "Terrorism is the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives2." The U.S. Department of State defines "terrorism" to be "premeditated politically-motivated violence perpetrated against non-combatant targets by sub-national groups or clandestine agents, usually intended to influence an audience3.  The United Nations Security Council is one of the principal organs of the United Nations and is assigned with the task of maintaining international peace and security the United Nations Charter outline and define its powers which include the establishment of peacekee...
8 Pages(2000 words)Essay


...INTODUCTION: The origin of the theory of the separation of powers s back to the ancient days of Aristotle. Since then political have recognized the three fold distribution of governmental functions or powers. They are: 1) the law-making or legislative power; 2) the law-enforcing or executive power; and 3) the law-adjudicating or judicial power. Each of these powers is exercised by its own department or organ of government. In the British law also the theory of separation of power has great importance in the constitution of Britain. Montesquieu was the first writer who expounded this three0fold division as a theory of separation of powers in order to safeguard the rights and liberty of the individuals. (Barendt, Eric, 1997) Montesquieu...
7 Pages(1750 words)Essay

Law,politics,and constitutional government as the distinguishing characteristics of western civilization

...A-R # 259353 Law, Politics, and Constitutional Government as the Distinguishing Characteristics of Western Civilization What are the distinctive features of Western Civilization This important question has been discussed for several centuries. Western Civilization has evolved from the colonial period to the present era of much more equality among nations. How have law, politics, and constitutional government contributed to this evolution First, we must define our terms. By "law" we mean the rule of law, a basic principle of Western Civilization. The concept refers to a system of well-established and clear principles and precepts which each nation follows. Laws regulate the conduct of the nation towards its...
3 Pages(750 words)Essay

Canadian law and politics

...Canadian Law and Politics POLS 3463 Dr. E. Newstadt Peter Misheal 100118704 The parliament and legislatures of the provinces apply sections of the constitution to control the possession and use of non-medical use of drugs (Russell & Leuprecht, 2011). Initially, the powers of criminal law were considered to be the principal source of federal power to regulate the use of drugs. However, in the case of R. v. Hauser, [1979] 1 S.C.R. 984 the supreme court of Canada maintained the constitutionality of the federal Narcotic Control Act under the peace, order, and good governance (P.O.G.G.). P.O.G.G. outlines the doctrines under which the Canadian parliament should execute criminal laws. The position of criminal law authority reversed the earlier...
8 Pages(2000 words)Essay

Dynamic of international economic order: law, politics, and power

... assistance to the troubled nations. It serves to expand the balance of international trade among member states and the globes economy. The financial institution is governed by different governing bodies. The board of governors that include representatives from all the member states is the highest decision making in the institution. The IMF work in cooperation with other world financial institutions such as the World Bank and World Trade Organizations in the regulation and management of the Global trade. The United States own a large share of the veto power because of its massive financial dominance in the institution. The IMF operates along strategic, political, and legal dimensions. That poses a significant challenge in its operations...
4 Pages(1000 words)Essay

Architecture, law and politics

... as the changing political and social climate increasingly put emphasis on the rights of consumers and welfare. The paper is an architectural essay that argues that the laws governing the social housing industry and biopolitics have significantly affected the social housing projects in the United Kingdom. Additionally, it critically looks at the social housing issues in the United Kingdom. Architecture in Social Housing Social housing is a synonym denoting housing for people who cannot afford the free-market price (Connelly, 2013). This kind of housing implies that a humane and responsible society has an obligation of assisting those members who cannot afford to have decent housing. Connelly (2013) considers social housing to be a type...
11 Pages(2750 words)Essay

The Law behind the Sexual Harassment at Work

Incidence like verbally threatening or harassing an employee or a co-worker to consider having a sexual relationship and physical offense such as in the case wherein an employee has been physically forced to have a sexual relationship with someone who has a higher work position within an organization including the frequent use of sexually demeaning languages or physical objects that significantly reflects the genital parts of a man or a woman may or may not occur within a corporate setting.
Aiming to fully understand the existing U.S. law on sexual harassment at work, the legal aspect of sexual harassment within a corporate setting will be carefully examined by going through an intensive research study. In the process of disc...
11 Pages(2750 words)Term Paper

Law of Financial Services

For instance, the European Commission’s Regulation No. 1049/2001 which very specifically details rules and regulations governing the public access to European Parliament, Council and Commission documents. Article 8 of the regulation states that “personal data shall only be transferred to recipients … (b) if the recipient establishes the necessity of having the data transferred …” (Regulation 1049/2001). Although this law is not at all related to the data protection of banks and their customers, it does give us an impression of how serious the EC is in protecting the integrity of data.
In saying that the laws that we have on data protection have adequately addressed the needs of banks and custom...
6 Pages(1500 words)Article

Contemporary Issues in World of Politics Climate Change Policy

It is more than a particular problem of any specific community. In fact, climate change has a wider global nature compared to other environmental issues and it affects the people of every nation and boundary. Therefore, the issue of climate change has a far wider reach than the other environmental issues and it is an issue concerned with almost all the international communities. It is identifiable that national boundaries may attempt to prevent the movement of people and goods across the boundaries of the nation. However, when it comes to pertinent environmental issues such as climate change, these issues do not stop at borders, making them – some would argue – quintessentially global phenomena. “Climate change i...
6 Pages(1500 words)Case Study

International Law: Child Soldiers

Using children to fight wars is not only morally abhorrent but very bad very the physical and mental health of the children in question. That is in part why a series of international laws and treaties have come into effect to try to deal with this scourge. But the issue is more complicated than that. While child soldiers are victims of war crimes, they too can also perpetrate serious breaches of the law of armed conflict. Under normal circumstances, individuals who commit such acts, be they combatants or not,2 would be vulnerable to prosecution. However, because children in such situations are victims as well as perpetrators and because of the special protections afforded to children under international law, many have questioned w...
8 Pages(2000 words)Case Study

The Law and the Media

New and complex issues have arisen which demanded fresh understanding and handling of cases involved them. This has resulted in the enhanced development of specialized laws e.g. cyber laws and interpretation of those laws. The same is true with Media Laws. Media has developed much in the last half-century. As it evolved as a profession and more people started to join it, there arose the levels of money involved in it. With this grew the contractual obligations on the parts of parties and concerned laws e.g. patent laws, privacy laws, and copyrights laws, etc. also started to play their parts. With these issues, the role of law in the media industry also reached a new height.
Mathew Fisher, the appellant, joined a band with Mr...
6 Pages(1500 words)Assignment

Law of Contract

For instance, in Partridge v Crittenden, it was held that an advertisement is tantamount to an invitation to treat (Partridge v Crittenden, 1968). However, there are exceptions, where an advertisement is considered to be an offer. An example is provided by the Carbolic Smoke Ball case. In this case, the defendant’s contention that its newspaper advertisement was not an offer was rejected by the court; as the plaintiff had complied with the terms of the offer (Carlill v Carbolic Smoke Ball Co, 1892).

Thus, the advertisement placed by Adams in the local newspaper is an invitation to treat and not an offer, as per the case law discussed above. It is to be determined, whether Adam had formed legally binding contracts...
6 Pages(1500 words)Case Study

The Relationship Between Common Law and Custom, Equity, and Books Of Authority

This follows the common law theory that cases that have a great deal of similarity should need to be dealt with similarly and decisions or court verdicts passed accordingly, although this may not be viewed as strict practice. Custom, as a historical source of law, could be said to be the legislative statutes or laws that need to be implemented from time to time, and could also be termed as statutory laws that monitor public conduct. Thus, it could be said that while regulatory laws are created and nurtured by legislations and regulations, through the executive powers enforced by executive branch agencies, this is done through the delegation of authority from the top downwards. However, in the case of common law or case law, decisi...
6 Pages(1500 words)Assignment

Analysis of Employement Law Cases

For instance, Section 82(1) of the Sex Discrimination Act 1975 provides statutory protection to workers who are working under a contract personally to execute any work or labor. It also covers self-employed people2.

Other statutes, such as the Working Time Regulations 19983 and the National Minimum Wages Act 19984, are appliable to workers, in addition to employees5. Hence, all these rights and protections are available to Fred, even if he were to be deemed a self-employed person.

Some of the more important rights bestowed upon employees by the employment law are the right to claim wrongful or unfair dismissal and payment for redundancy. Other legislation, such as the health and safety statute and the insolve...
7 Pages(1750 words)Case Study

Using Law for Social Workers

The involvement of social work in society has always said to be highly contested. During recent years it has been seen that there is an unvarying attack on its ethics and values. Managerial controls have been increased a lot in social work and it has affected a lot at all levels of autonomy among social workers. This has bought some sort of crisis in the social work department. “The relationship between law and social work is complex.” (Brayne & carr 1). There are two facts to criticize this. The first one is these social workers are created by the government and are meant for public service and also to regulate various activities. A second obsession is these social workers are always very caring professionals. The...
7 Pages(1750 words)Assignment

Is the Optional Protocol to the Rights of Child an Instrument of Human Rights or an Instrument of Humanitarian Law

The Optional Protocol is an amendment to an earlier Convention, the Convention on the Rights of the Child. This earlier convention states that children younger than 15 may not take a direct part in hostilities and that children younger than 15 may not be drafted into military service. (Convention on the Rights of the Child, pp. 10-11). Therefore, the Optional Protocol essentially amends Article 38 of the Convention on the Rights of the Child, raising the age from 15 to 18 on the matters of direct involvement in hostilities and being conscripted into service.

The Optional Protocol and Article 38 of the Convention on the Rights of the Child were necessitated by the fact that children participate in conflicts directly by b...
10 Pages(2500 words)Term Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Law /politics for FREE!

Contact Us