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

Constitutional and Administrative Law - Essay Example

Cite this document
Summary
Marriage unions for people of the same sex, commonly referred to as gay marriages, have in the past attracted criticism especially from the church as well as the society at large. This is due to the fact that religious teachings inform us that God created man and woman and gave…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER97.6% of users find it useful
Constitutional and Administrative Law
Read Text Preview

Extract of sample "Constitutional and Administrative Law"

Download file to see previous pages

An example is the legislation in the UK popularly known as the Civil Partnership Act of 2005 to protect the minority gay community from discrimination (Spilsbury, 2008). Under this act, it is stipulated that couples of the same sex have the same rights and privileges as those of heterosexual couples with regard to child adoption as well as other family rights and therefore they can choose to acquire children provided legal processes are followed (Spilsbury, 2008). This is essential especially due to the fact that every person desires to have children whom they can share their love and wealth with.

As it is known, it is biologically impossible for persons of the same sex to produce children of their own and since these marriages are recognized by law, the same law should not deny them of their rights. In the case of Martin and Neil, it is important to note that this act was active during the time when they adopted their child and as such, they acted within the law. It is also necessary to note that the act of 2005 cannot be amended without a majority vote of 75% of the House of Commons, and a similar vote in the House of Lords.

It is therefore unfair, based on this, for the two houses to revoke the act in the year 2010 by a simple majority of 51% and 52% without considering the social implications it would have on the affected families who may have adopted children within the two years prior to the new act. However, it is important for Martin and Neil to understand that the UK parliament is the supreme organ in the land with legislative powers that can not be challenged by any other political or judicial organ (Young, 2008).

Having this supremacy means that it can decide to make new laws or amend the existing ones regarding any issue which may come to its attention and neither the courts nor any other group or individual can override the legislation once it

...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Constitutional and Administrative Law Essay Example | Topics and Well Written Essays - 1000 words - 1”, n.d.)
Constitutional and Administrative Law Essay Example | Topics and Well Written Essays - 1000 words - 1. Retrieved from https://studentshare.org/miscellaneous/1569322-constitutional-and-administrative-law
(Constitutional and Administrative Law Essay Example | Topics and Well Written Essays - 1000 Words - 1)
Constitutional and Administrative Law Essay Example | Topics and Well Written Essays - 1000 Words - 1. https://studentshare.org/miscellaneous/1569322-constitutional-and-administrative-law.
“Constitutional and Administrative Law Essay Example | Topics and Well Written Essays - 1000 Words - 1”, n.d. https://studentshare.org/miscellaneous/1569322-constitutional-and-administrative-law.
  • Cited: 0 times

CHECK THESE SAMPLES OF Constitutional and Administrative Law

Constitutional and Administrative Law (Parliament Sovereignty in UK)

Further, no individual or entity is acknowledged by the law of England as having a right to overrule or refute the legislation of Parliament.... The Legislature has the authority to make any law they want, and no legislature can create a decree/law that future parliament cannot amend and only parliament can adjust or unmake a law passed by parliament.... These features do not essentially undercut the doctrine of parliament sovereignty, at least theoretically, as the legislature could repeal any of the law carrying out these transformations....
9 Pages (2250 words) Essay

Constitutional Reform Act of 2005

Cases and Materials on Constitutional and Administrative Law 9th ed.... Constitutional and Administrative Law .... Constitutional and Administrative Law 5th ed.... (2001) Constitutional & administrative law 3rd ed.... he current British law makes it a requirement that every citizen should be under the same law and that the law seeks to act fairly by not punishing individuals who are innocent of crime....
2 Pages (500 words) Essay

Constitutional and Administrative Law in the UK

(Ian Wright, Exeter School, April 2001). Constitutional and Administrative Law (UK) Common Law can be described as unwritten law f the people and can date back centuries, although is can also be described as laws that are determined and enforced by the courts.... Common law can be described as unwritten law f the people and can date back centuries, although is can also be described as laws that are determined and enforced by the courts.... The remaining powers f the monarchy derive from Common law. The executive branch of the Constitution can be described as"....
2 Pages (500 words) Essay

Constitutional and Administrative Law

Much of the constitution is principle and not law.... For instance the powers of the Prime minister, as they are not law are uncontrollable by courts.... The law Officers' Department and the Lord Chancellor's Department also contribute to law reform.... It is obvious that the continuation and degree of the power is a subject of common law.... The current verdict of the House of Lords in R v Secretary of State for the Home Department1 raises crucial constitutional doubts about the level to which the government is expected to look for Parliamentary consent for its guidelines or may depend as an alternative on prerogative commands....
5 Pages (1250 words) Essay

HRA Charter in the UK

The paper "HRA Charter in the UK" accents that whilst the theoretical implications of the HRA as the most important piece of legislation in the UK cannot be underestimated, uncertainty still remains as to the extent of the EC law as a fetter on Parliamentary sovereignty.... Accordingly, the HRA “has had the effect of incorporating the European Convention on Human rights into our law giving individuals rights which can be directly enforced in the UK courts4”....
6 Pages (1500 words) Essay

Constitutional & Administrative Law

The paper "Constitutional & administrative law" says that the issue with respect to this question is on Parliament sovereignty and in particular whether a Parliament can be bound by its predecessor or not.... Under the legal theory, Parliament is entitled to pass a law on anything once it has been passed by the House of Commons, House of Lords and receives Royal Assent and such would be held to be legally valid.... As far as international law is concerned it cannot have effect unless implemented by the Parliament by the introduction of an Act....
6 Pages (1500 words) Coursework

Conventions of Constitutional and Administrative Law in the United Kingdom

constitutional conventions therefore are considered as the tools through which flexibility can be achieved in constitution without actually going through a process of legislation.... the legal rules and non-legal rules.... Countries like UK which have unwritten constitutions tend to also rely on the non-legal rules as the valid sources of constitution....
5 Pages (1250 words) Essay

Whether Or Not the Constitutional Reform Act 2005 Will Bring About a Real Separation of Powers in the UK

It also provided for a Supreme Court of the United Kingdom to replace the current role of law Lords.... The Lord Chancellor's role was multifarious, ranging from the minister,10 law Lord, head of judiciary11 and a member of the House of Lords in its legislative capacity12.... 3Furthermore, the presence and role of law Lords in the House of Lords questioned the practical applicability of the separation of powers.... By virtue of convention, law Lords hear appeals and the Supreme Court of Judicature Act 1875 confirmed the role of the House of Lords as the highest jurisdictional body for appeal....
5 Pages (1250 words) Assignment
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.
Contact Us