Nobody downloaded yet

Publi Law - Essay Example

Comments (0) Cite this document
Summary
The legal system in the United Kingdom is based on a common law tradition, which has early Roman and modern continental influences. In the UK, acts of parliament are not reviewed by the judiciary. The compulsory decisions of the International Court of Justice are accepted in the UK, though with reservations…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.3% of users find it useful
Publi Law
Read TextPreview

Extract of sample "Publi Law"

Download file to see previous pages The Prime Minister of the UK is the leader of the Majority Party in the House of Commons. In the UK the legal system is founded on the concept of rule of law and endeavours to provide justice, equality and procedural fairness to all. (MSI Legal and Accounting Network Worldwide, n.d.).
In the British Constitution, Supremacy of the Rule of Law is the main guiding principle. In order to achieve and ensure this Supremacy, it is essential to have independent judiciary who are not a part of the legislature. To surmount the trap laid by tyranny and despotism, the UK constitution has evolved in such a manner that there is separation of powers and this in turn provides protection against oppression. The rule of law was introduced to exclude the arbitrary authority of the government and to provide legal safeguards for the protection of the individuals and their rights. This concept was developed by Professor A.V. Dicey, a well known authority on the English Law, and published in the year 1885 in his magnum opus Law of the Constitution. The rule of law comprises of three principles, namely supremacy of the law, equality before the law and the predominance of the legal spirit. Dicey emphasized the role of the courts of law as guarantors of liberty and suggested that these rights would be secured more effectively if they were enforceable in the courts of law rather than being merely declared in a document.
In the case of Entick V. Carrington (1765), government officials raided the plaintiff's printing press and damaged his property. This was done without any reasonable grounds whatsoever, except for the reason that this had been ordered by the secretary of state. The House of Lords in their decision condemned the government's actions and awarded 300 to the petitioner as compensation. This illustrates the absolute supremacy of the law.
In the case Padfield V. The Ministry of Agriculture (1968), milk producers in South - East England petitioned the Minister to appoint a committee of investigators to look into their complaints regarding the levels of subsidy to be granted to milk producers according to the England Agriculture Marketing Act, 1958. The Minister rejected this request. The House of Lords found fault with this rejection and ordered the Minister to appoint a committee of investigators. This case demonstrates the concept of equality before the law alongwith the concept of absolute supremacy of the law as described by Dicey in his Rule of Law.
The enforcement of the law is, by a process of devolution, placed within the ambit of the people and this process is known as Trial by Jury. In this exemplary procedure enforcement and legislation are separated. Such separation constitutes the strongest safeguard as it subjects the enforcement of the statute of the law to a test of acceptance by the common law in the hands of the people.
The Sovereign power of the nation is vested with the constitutionally limited monarch in the United Kingdom. The House of Lords and the House of Commons determine the context and contents of the bill that are enacted by the granting of royal assent. Royal assent is the prerogatory power of the monarch who is sworn contractually to abide by the coronation oath, the bill of rights, etc,. The monarch is bound by oath to govern the people according to the laws and customs of the nation (Bingley, 2005).
The essential features of democratic constitutions which exist in one form or another, in virtually all ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Publi Law Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
Publi Law Essay Example | Topics and Well Written Essays - 1500 words. Retrieved from https://studentshare.org/politics/1534433-publi-law
(Publi Law Essay Example | Topics and Well Written Essays - 1500 Words)
Publi Law Essay Example | Topics and Well Written Essays - 1500 Words. https://studentshare.org/politics/1534433-publi-law.
“Publi Law Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.org/politics/1534433-publi-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Publi Law

Law

...? (a) Before the war, A had lent money to Cee Company. B now claims that it is en d to half of that money. B is en d to some amount of that money since at the time the contract was signed it was one country. However the amount of money it will receive is dependent on the location of Cee Company and whether its operations lie in country A, B or somewhere between the two. The motives behind the loan must also be assessed clearly in order to determine the objectives of the transaction. Just like the seceding state is obliged to pay its share of the national debt after the secession, it is also entitled to a fair share of the loan given to Cee Company. However the manner in which such transactions are to be handled often depends on the...
5 Pages(1250 words)Essay

Law

...? Section 4 Introduction Legal matters in business situations are very common nowadays. They tend to create a formal and commercial dealings between one another of which law is a major part. No business dealing can be made outside the scope of the law and the terms implied by law. In various business situations, negligence can occur because of which the business can be held vicariously liable. There are some principles of liability that are separately applied for the business situations (Harpwood, 2008, 201). Applying negligence and its defenses in different business situations: The elements of negligence are existence of a duty of care, the breach of that duty and reasonable damage...
15 Pages(3750 words)Essay

LAW

...?Essay questions I believe that in this case, the Court should rule in favour of Elin and reject Grapes & Vines Winery’s action. The contract concluded between the parties specified a deadline for performing the contractual obligations. It stated that the wine was to be delivered on or before May 1. Therefore, Grapes & Vines Winery could have delivered the wine anytime before May 1, as the contract did not limit their duty to perform only on May 1. However, they chose to do it in the last possible day – May 1. The fact that the delivery van was involved in an accident does not constitute an objective impediment to performing the contract (destruction of the subject matter of the contract cannot be used as an excuse in this case... questions I ...
1 Pages(250 words)Essay

Law

...., is primarily liable because under the agency law, the principal is liable for all the acts of the agent which are within the authority usually confided to an agent of that character, notwithstanding limitations, as between the principal and the agent, put upon that authority. The driver was acting within the authority confided to him by the principal when the accident happened. 6. Answer: As an independent contractor, the driver of the truck is primarily liable because the employer has no control how the work is done provided the result was delivered to him. 7. Answer. a. the plaintiffs can collect the entire judgment from either defendant 8. Answer: Punitive damages are in order in this case for this is a tort case of...
7 Pages(1750 words)Assignment

LAW

...Messrs Soil can prevent the Tom brothers and Salisbury’s from marketing their bags in by using the common law. They have been using the markfor a year and in fact have been successful in marketing the same in their trade. Being the first to manufacture and put into commercial circulation the tompot bag, they a have acquired trademark rights on it. Trademarks and service marks are words, names, symbols, or devices used by manufacturers of goods and providers of services to identify their goods and services, and to distinguish their goods and services from goods manufactured and sold by others (Radcliffe and Brinson, n.d.). Trademarks could be any combination of words, names or symbols that are used in commerce as brand...
7 Pages(1750 words)Essay

Law

...committed in a gravious manner if an individual or group cause severe injury to the others or the individual or group causes severe injury using a fatal weapon or deadly weapon (Chambliss 2011). Throughout, the law treated the threat of physical injury as assault while battery was considered the complete contact to cause harm. This version of the distinction is no longer valid as compared to the physical contact hence null and void. For Hilder to be taken to the hospital after being hit by the husband with a chair leg by the husband Billy is a clear example of Assault or battery to mention. The act is worsened when Billy further exposes their violent acts to the public through putting a slap on the face of the nurse,...
8 Pages(2000 words)Essay

Company Law - English law

...(a) It was established in Salomon v A Salomon & Co [1897 that 'The company is at law a different person altogether from the subscribers. Nor aresubscribers as members liable, in any shape or form, except to the extent and in the manner provided by the [Companies] Act.'2 It is a general principle of English law that it is not possible in the absence of agency, a trust relationship or wrongful trading to hold one person liable for the debts of another.3 However, like most common law principles and judicial interpretations it is a rebuttable presumption which must give way to a statement to the contrary 'in clear and unequivocal language'4 by Parliament. Under its equitable discretion the...
10 Pages(2500 words)Case Study

Publi Pension Replacement Rates

...Public Pension Replacement Rates Public Pension Replacement Rates The public pension replacement rate varies depending on the country. Most countries differ with regards to the basic elements considered in computing for the replacement rate. The base case varies per country as reported by the Indicators Sub-Group of the Social Protection Committee (2006). One of these factors is the professional status. The workers may be grouped either as a public sector employee, self-employed or by professional sectors. The career length is another consideration. The retirement age also varies per country. Most countries consider 65 as the retirement age. Even the marital status is a point of concern for some countries. The earnings... Pension...
2 Pages(500 words)Essay

Ecology of Public Administration, Bureaucracy, and the understanding of the relationship between democracy and publi administration

...and independence. Subordinates can ideally challenge their leaders made decisions by referring to the law or rules, and the importance of charisma becomes lesser (Stillman, 2009). Consequently, bureaucratic systems, unlike the traditional systems, can handle more complex operations. It is difficult for the “ideal type” to happen since it is the leaders who formulate the rules or laws (Stillman, 2009). Therefore, subordinates can never control the leaders by application of such rules. This is why the problem of bureaucracy lies on the power increment of such leaders (Stillman, 2009). In summary, Weber had serious concerns on how societies would maintain control over state bureaucracies and felt that the...
3 Pages(750 words)Essay

SCOTS LAW - commercial law

...Scots Law - Commercial Law al Affiliation) Scots Law - Commercial Law: Might the regime governing a buyer’s remedies for defective goods be improved? Scots law is the jurisprudence of the inhabitant of Scotland. Scotland though is part of the United Kingdom; its legal system is autonomous. It has its own laws with courts. The law of Scotland originates from a large number of sources; laws in Scotland are totally different from those of other parts of the United Kingdom. The varied sources from which this law originates include; Legal principles and the Roman law Scots...
5 Pages(1250 words)Essay
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 Publi Law for FREE!

Contact Us