Sunday, May 24, 2020

The Issue Of Gun Ownership - 1824 Words

As time has progressed, the issue of gun ownership has become more and more of a debate. With the development of new technology that can lead to devastating destruction, it is extremely difficult to overlook the harm that this weaponry could ensue on the safety of our nation. As stated in the second amendment of the constitution of the United States, â€Å"The right of the people to keep and bear Arms, shall not be infringed.† (The Constitution of the United States: A Transcription) The framers, however, could never have known the potential for destruction that our present weaponry can cause. So, the question to this day has been, to what degree should the infringement of our right to bear arms be prevented? There are many different possible answers to this question, however, to me, only one answer seems to stand above the rest. The government of the United States, in order to uphold the rights for the general good of the majority of United States citizens, should infrin ge on this right to the degree necessary in order to provide the utmost amount of safety for their people while continuing to recognize the original intentions of the framers. This theory, although broad, I believe is necessary in order to get the greatest amount of satisfaction for the population as a whole. In the present day, many people believe that automatic weapons should be outlawed, as they have no greater use than for mass killings of people. This is a reasonable opinion, as it is true thatShow MoreRelatedThe Issue Of Gun Ownership1502 Words   |  7 Pagessecurity of a free State, the right of the people to keep and bear Arms, shall not be infringed†, protects the private ownership of them. The Supreme Court has consistently ruled against gun bans or regulations as violating the 2nd amendment. In the landmark ruling Heller vs. District of Columbia in 2008, the Supreme Court ruled that a thirty-two year ban on the private ownership of handguns in the District of Columbia was unconstitutional. The Supreme Court decided that the Second Amendment impliesRead MoreThe Issue Of Gun Ownership1529 Words   |  7 PagesAs time has progressed, the issue of gun ownership has become more and more of a debate. With the development of new technology that can lead to devastating destruction, it is extremely difficult to overlook the harm that this weaponry could ensue on the safety of our nation. As stated in the second amendment of the constitution of the United States, â€Å"The right of the people to keep and bear Arms, shall not be infringed.† The framers, however, could never have known the potential for destructionRead MoreGun Control1724 Words   |  7 PagesEnglish 1302 5th march 2013 Sides of Crime Control Gun control laws have been surrounded by controversy since The Bill of Rights, including the Second amendment was passed in the congress. A well-regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed, the founders wrote. Until recently there was considerable argument over just what the founders intended by their words. Did they mean to provide only for armedRead MoreIntro:. The Debate Over Gun Control Laws Is A Very Controversial1234 Words   |  5 PagesThe debate over gun control laws is a very controversial issue in the United States and out of the many issues currently up for debate in American politics, there is no other topic that has a partisan divide quite as deep as the debate over gun control. Few people advocate for mass shootings or other forms of gun violence, except of course for the perpetrators of such actions. It may be easy to blame the recent uptick of gun violence in recent years o n the sheer prevalence of guns in American societyRead MoreGun Rights And Gun Control994 Words   |  4 PagesIn recent times, gun control is becoming a social issue in the US after the many incidents or accident happened related to the gun owner’s kill’s people at the social places. Gun rights means the every person have right to take or carry guns for their self protection is created controversial issue related to criminal justice that needed the requirement for the gun control to stop people from killing each other. Moreover, on 2 Dec, 2015, two suspects those opened fire in a California social serviceRead MoreA Well Regulated Militi The Founding Fathers And The Origins Of Gun Control1472 Words   |  6 PagesOrigins of Gun Control in America By Saul Cornell Introduction The Second Amendment remains one of the most controversial pieces of legislation in the contemporary America. The onset of the controversy regarding gun ownership rights can be traced back to the nineteenth century. Some of the major events that shaped the debate on gun ownership include Shay’s Rebellion and the dispute between federalists and anti-federalists. Slavery and the abolition movement also shaped the debate on gun ownership. InRead MoreGuns Owned Are Dependant On The Level Of Education1322 Words   |  6 Pagesnumbers of guns owned are dependant on the level of education of the person. This study being led by Boston University examined the claim by National Riffle Association that there is a robust correlation between the number of guns owned and an individual’s level of education. The study showed that the most educated households have the most number of people owning a gun. This factor was related to the fact that these households are the ones that hold white collar jobs hence the need to own a gun due toRead MoreThe Government Should Restrict Gun Ownership: An Opinion Essay1499 Words   |  6 PagesShould the government restrict gun ownership? Guns are very dangerous weapons. They can cause destruction or even death. They can defend, protect, intimidate and kill. If the government has to restrict gun ownership, it has to ask weather guns necessarily lead to crimes. The government should restrict gun ownership because over the past years people who own guns, especially in the neighborhoods, colleges and high schools break rules and commit crimes. Homicide crimes and other crimes have increasedRead MoreThe Issue Of Gun Control Essay1622 Words   |  7 PagesGun Control Does Not Equate to Less Gun Violence Civilian gun ownership has been debated, banned, allowed, and limited for as long as firearms have been used as a weapon against another human. Many arguments have been proposed over time about why civilians should, or should not be afforded the right to bear arms. What seems to be the most common modern opposition is that there is truly no need for civilians to own a gun, in this day and age. Many who oppose guns simply think less guns, less gun violenceRead MoreEssay on The Gun Control Debate865 Words   |  4 PagesI have a very strict gun control policy: if theres a gun around, I want to be in control of it. -- Clint Eastwood Gun control has a history dating back to 1791, when the Second Amendment of the Constitution was ratified. However, more recently, the debate over gun control has escalated into a much more public issue to which many citizens can relate. After all, stories about incidents involving guns appear frequently today in newspapers and on television or the radio. One could say that

Wednesday, May 13, 2020

Caesars Books, the Gallic Wars

Julius Caesar wrote commentaries on the wars he fought in Gaul between 58 and 52 B.C., in seven books one for each year. This series of annual war commentaries is referred to by various names but is commonly called De bello Gallico in Latin, or The Gallic Wars in English. There is also an 8th book, written by Aulus Hirtius. For modern students of Latin, De bello Gallico is usually the first piece of real, continuous Latin prose. Caesars commentaries are valuable for those interested in European history, military history, or the ethnography of Europe since Caesar describes the tribes he encounters, as well as their military engagements. The commentaries should be read with the understanding that they are biased and that Caesar wrote to enhance his reputation back in Rome, passing blame for defeats, justifying his own actions, yet probably accurately reporting the basic facts. The Title Caesars title for The Gallic Wars is not known for sure. Caesar referred to his writing as res gestae deeds/things done and commentarii commentaries, suggesting historical events. In genre it appears to be close to the Anabasis of Xenophon, a hypomnemata memory helps—like a notebook to be used as a reference for later writing. Both Anabasis and the Gallic War commentaries were written in the third person singular, relating historical events, with the intention of sounding objective, and in simple, clear language, so that the Anabasis is often the first continuous prose beginning Greek students face. In addition to not knowing for sure what Caesar would have considered its proper title, The Gallic Wars is misleading. Book 5 has sections on the customs of the British and Book 6 has material on the Germans. There are British expeditions in Books 4 and 6 and German expeditions in Books 4 and 6. The Pros and Cons The downside of the standard reading De bello Gallico during the early years of Latin study is that it is an account of battles, with descriptions of tactics, techniques, and materials that can be hard to understand. There is debate as to whether it is dry. This evaluation depends on whether you can figure out what is going on and visualize the scenes, which in turn depends on your understanding of military tactics in general, and Roman techniques, armies, and weaponry, in particular. The upside is, as Vincent J. Cleary argues in Caesars Commentarii: Writings in Search of a Genre, that Caesars prose is free of grammatical error, Grecisms, and pedantry, and rarely metaphorical. It overwhelmingly reads as Ciceros tribute to Caesar. In Brutus, Cicero says that Caesars De bello Gallico is the best history ever written. Sources Caesars Commentarii: Writings in Search of a Genre, by Vincent J. Cleary. The Classical Journal, Vol. 80, No. 4. (Apr. - May 1985), pp. 345-350.Style in De Bello Civili, by Richard Goldhurst.The Classical Journal, Vol. 49, No. 7. (Apr. 1954), pp. 299-303.

Wednesday, May 6, 2020

Constitutional and administrative law Free Essays

string(208) " the category of procedural impropriety which deals with an allegation that the public body has not used the processes and procedures required in order to make the decisions that it has made \(Oliver 1987\)\." Abstract New legislation relating to the licensing of tyre disposal centres has resulted in several situations where the decisions of the public authority are in question. As a result judicial review is being considered as to whether the actions of the public authority could be deemed to be illegal, irrational or procedurally inaccurate. The Tyre Waste Act enacted by Parliament in 2012 has given powers to the Secretary of State to undertake certain administrative tasks such as the licensing of tyre storage and their destruction. We will write a custom essay sample on Constitutional and administrative law or any similar topic only for you Order Now A statement was also made that any decisions on the part of the Secretary of State cannot be challenged in a court of law, and the Secretary of State is given wide discretionary power under the statutory provisions. With this in mind and following certain concerns by three different companies, as well as a pressure group, the question has arisen as to whether or not the powers exercised by the Secretary of State in these scenarios could be subject to judicial review. Introduction The paper here will look, firstly, at the legal principles associated with judicial review, including identifying who may bring an action to judicial review and the grounds for such action, before applying this to the set of facts presented in relation to the individual entities in this case study. Judicial Review – Rules Judicial review provides a procedure whereby an individual or relevant group of individuals can bring an action in court to argue that a public body acted in an unlawful manner (IRC, 1982). Broadly speaking, judicial review will fall into one of three categories: where a public body has acted illegally, i.e. failing to apply the law in the relevant manner; has acted irrationally by making a logical decision; or has undertaken some form of procedural impropriety which means that it has not followed the correct procedure. Where an action for judicial review is successful, the court may then quash the act undertaken by the public body or may require it to review the situation or may refrain the body from acting in the manner that it has been acting, previously. A typical example of this would be a declaration by the High Court that the public body had acted in an unlawful manner and would therefore require it to act differently, in the future (Fulham Corporation 1921). Firstly, it is noted that judicial review is available against a decision made by a public body and, in this case, the Secretary of State for the Environment is a public body making public decisions and would therefore be potentially subject to judicial review, regardless of the statement that it cannot be held accountable in court (Hampshire Farmers Market Ltd., 2004). The individual bringing the action must also have sufficient standing in order to make the application (as defined by Section 31(3) of the Senior Courts Act 1981). In accordance with this section, it is stated that the permission shall not be given to bring an action, unless it is considered that the applicant has sufficient interest in the matter to bring the action (Gough, 1993). Having been allowed to bring an action to judicial review, the next stage is to identify the grounds for challenge of the public authority’s behaviour. Each of the three grounds will be looked at in turn, as each is potentially relevant, in this case. The classification of the grounds that will be discussed here was first established in the Minister for the Civil Service case decided in 1985. Under the heading of illegality, there are several grounds for challenge, with one of the most common aspects of this being where there are allegations that the legislation has been misinterpreted (Anisminic 1969).Crucially, a decision can be deemed to be illegal for the purposes of judicial review, if the decision making body has ignored relevant considerations, or is taking irrelevant considerations into account when making decisions. This is particularly relevant when it comes to a situation whereby the public authority has a relatively high level of discretion in applying the rules and regulations by which it is guided. It is however noted that where the public authority is taking into account legally relevant factors and the decision they make is ultimately rationale this cannot then be queried simply because one of the parties does not agree (ex parte Westminster City Council 1986). L Diplcok also placed a large emphasis on the second ground for challenging the actions of the public body which is on the basis of irrationality. He stated that the decision would be deemed to be irrational if it could be seen as â€Å"so, outrageous in its defiance of logic or accepted moral standards, that no sensible person, whether applied his mind to the question that have arrived at it.† (Associated Provincial 1948)This ground for judicial review is somewhat different than the other two in that it looks at the substance of the decision, but will only allow for judicial review where the decision is outrageous and again, not simply because one of the parties disagree (Barnett 2010). Secondly, also under the umbrella issue of irrationality is that of proportionality meaning that the public body needs to make proportional decisions in order to achieve the underlying aim of the powers given to the public authority. For example it may be seen as disproportionate to prevent a particular protest march from taking place where it would have been possible to protect public safety by simply choosing an alternative route. Proportionality is seen as being particularly relevant when it comes to the European convention on human rights is also an issue that is dealt with when looking at decisions relating to the application of the European convention on human rights under UK law. Fundamentally therefore, where the public body has acted in a way that is disproportionate this could be used as an example of irrationality and therefore offer an opportunity for judicial review (Daly, 2001). Finally there is the category of procedural impropriety which deals with an allegation that the public body has not used the processes and procedures required in order to make the decisions that it has made (Oliver 1987). You read "Constitutional and administrative law" in category "Essay examples" A distinction is drawn between a procedural requirement which is perceived as being mandatory and a simple direction with any breach of a mandatory requirement allowing for judicial review on the grounds procedurally proprietary. There are also rules associated with natural justice, which are linked to procedural requirements and where it has been a breach of natural justice it is likely that judicial review of the procedurally proprietary will be allowed (Lloyd, 1987). For example, there are specific rules of natural justice, which ensured that no bias is shown and that each individual has the right to a fair hearing. An individual will have a legitimate expectation of how their case shou ld be dealt with and a failure to offer the opportunity to have a fair hearing could result in procedural impropriety (Nottinghamshire CC 1986). Unlike other countries there is not a general requirement under English administrative law to give reasons for decisions however it may be required by statute to provide reasons and this would then prevail. Rules relating to legitimate expectation are also likely to be relevant as it is only reasonable that individuals form expectations on how their own situation will be treated and failure to comply with this can result in procedural impropriety (Fairmount 1976). Once an action for judicial review is successful, there are several different remedies which may be available, including a declaration of incompatibility as well as options for the court to nullify the decision made by the public authority by the requirement for the relevant authority to revisit their decision and to comply with the public authority duties that are relevant (Liverpool Corporation 1972). Bearing in mind the various different issues associated with judicial review the position in relation to the four possible claims for judicial review will be looked at in turn. Alpha Ltd (A) Two decisions have been made that A is confused by. These issues are firstly, the refusal to offer a grant for the recycling expansion due to environmental concerns and secondly, the requirement to cease trading due to the lack of licence. A stores no more than 1000 tyres at a time and these are shredded within 12 months. Schedule 1 (B) states that a licence is not required where the tyres are stored for less than 12 months and there are less than 1000 stored at any point in time. Based on this interpretation it would seem irrational that the Secretary of State for the Environment failed to allow the exemption to apply and this would result in a declaration being made and the position having to be re-considered. By contrast it is simply stated that a recycling grant would require the applicant to show that the waste to be recycled will not be harmful to the environment. It is argued here that the belief by the Secretary of State that the chosen recycling approach by A would be harmful and as such it would be appropriate to refuse the grant and could not be deemed to be irrational or disproportionate as it would seem reasonable to disallow a grant that would potentially support some form of non environmentally friendly approach. Beta Ltd (B) An application for a licence has been rejected by the Secretary of State by B as it is using technologies that are seen to be safe and have been proved as such in Germany but has not gained approval in the UK as is required under the statutory provisions. This presents a reasonably difficult position when it comes to judicial review as it could be argued that the Secretary of State has followed the requirements under the statutory provision yet has potentially acted in a disproportionate manner and has failed to take into account the tests that have taken place in Germany. Despite the potential argument of irrationality that B could put forward, it is suggested on balance that the Secretary of State has followed the processes contained within the statutory provisions and therefore it is unlikely that judicial review will be successful in this situation. Gamma Ltd (G) G has also been refused a licence despite having a strong environmental record. G was initially afforded a licence automatically however this was reneged and G was told to apply for a licence which was ultimately refused due to the previous investigations relating to the theft of tyres, this was not an environmental issue. It is also suggested that bias is being shown as the decision maker was involved in the original investigation. Bearing both of these points in mind it is suggested that the judicial review would be successful on the grounds of procedural improprietary on the grounds of bias as well as illegality as the rules contained within the statutory provision have not been applied appropriately with the relevant investigations needing to be environmental in nature if a licence is to be rejected. Tyred Out (T) T is a special interest group looking at environmental issues associated with the disposal of tyres and is arguing that Delta (D) should not be granted a licence due to a poor environmental record. Firstly it is concluded based on the concepts of material interest that T is able to bring an action for judicial review as it has sufficient interest. Secondly it has been put forward by the Secretary of State that a licence was granted based on the devastating potential on the employment in the area despite poor environmental records. It would be necessary to look therefore whether the decision was rational and proportionate, something which it is suggested based on the facts here that the decision was indeed appropriate and could not be deemed irrational. Discretion is given to the Secretary of State and this discretion has seemingly been applied appropriately making it unlikely that judicial review will be successful. Conclusions By looking at the specific rules and applying this to the four scenarios presented, it could be seen that there are mixed results with judicial review being likely to be successful in the case of Gamma Ltd and partly in relation to Alpha Ltd but would be unsuccessful in the other areas. References Anisminic Ltd v.Foreign Compensation Commission [1969] 2 AC 147 Associated Provincial Picture Houses Ltd v. Wednesbury Corporation [1948] 1 KB 223) Attorney-General v. Fulham Corporation, ex relatione Yapp [1921] 1 Ch 440, Barnett, H (2010) Constitutional Administrative Law, Taylor Francis Bradley, A.W. and Ewing, K.D., (2003) Constitutional and Administrative Law, Pearson. Council of Civil Service Unions v. Minister for Civil Service [1985] AC 374 Fairmount Investments Ltd v. Secretary of State for the Environment [1976] 1 WLR 1255 IRC v. NFSESB [1982] AC 617. Lloyd v McMahon [1987] AC 625 Nottinghamshire CC v. Secretary of State for the Environment [1986] 1 AC 240 Oliver, D (1987)†Is the Ultra Vires Rule the Basis of Judicial Review[1987] P.L. 543 R(Daly) v Secretary of State for the Home Department [2001] 2 AC 532 R (on the application of Beer) v. Hampshire Farmers Market Ltd [2004] 1 WLR 233 R v. Gough [1993] AC 646 R v. Liverpool Corporation, ex parte Liverpool Taxis [1972] 3 WLR 224 How to cite Constitutional and administrative law, Essay examples Constitutional and Administrative Law Free Essays Introduction ‘In British constitutional theory and practice there is a clear-cut distinction between law and convention. Law derives from common law and statute, and is enforceable by the courts. Convention derives from constitutional principle and practice and is not enforceable by the courts. We will write a custom essay sample on Constitutional and Administrative Law or any similar topic only for you Order Now Law remains in force until changed by statute. Convention may change with changing times. Law, at least if statutory, is ascertainable in precise form. Convention is often imprecise and may be nowhere formulated in categorical terms.’ (Professor H.W.R. Wade) Is this an accurate explanation of the distinctive nature of law and convention in relation to the British constitution? Professor H.W.R Wade produced a statement highlighting a clear-cut distinction between the nature of law and convention in relation to the British Constitution. Throughout this essay I shall critically asses the validity and accuracy of his explanation by taking an in depth look at key concepts, doctrines and comments to evaluate whether a distinction exists between the nature of law and convention. Whilst Britain does not have a single codified document called ‘The Constitution’, it would be deceptive to assert that the constitution is unwritten. Indeed, Britain’s constitution has been cultivated from multiple key constitutional sources which make it possible to approach a description of the constitution. These sources can be found in the decisions of the courts in the form of dictum or in the interpretation of statute. With Britain being a member state of the European Union part of the constitution can emanate from EU Law, the Royal Prerogative, and a distinct part is found in historical arrangements and practices known as conventions. I shall be focusing primarily on the nature of law and conventions, in relation to the British constitution in order to assess whether a distinctions is visible between the two constitutional sources. Professor Wade asserts that â€Å"Law derives from common law and statute, and is enforceable by the courts. Convention derives from constitutional principle and practice is not enforceable by the courts†. Accordingly, it would be just to establish that from a precise detailed point of view, this statement can be seen to be contentious. This is primarily because Professor Wade highlights that the â€Å"Law derives from common law and statute† however what he seizes to base emphasis on is the mere fact that conventions set a key agenda in the crafting of statute and common law reasoning; in the words of Sir Ivor Jennings â€Å"conventions provide the flesh which clothes the dry bones of the law†[1] Thus, evidently the legal hierarchy of the British constitution is everywhere penetrated, transformed and inherently effected by an inevitable element of convention, and a failure to adhere to an important convention might lead Parliament to cast a disputed practice int o legislative form. An example of this is The Parliament Act 1911, which was enforced after the House of Lords exceeded conventional limits on its power, rejecting, in 1909, a finance bill (Lloyd George’s ‘People’s Budget’). This consequently undermines, to some extent, the clear-cut distinction Professor Wade respectively explains, in that, if conventions are so interconnected in the cultivation of the natural form of law as mentioned above then a distinction cannot be clear-cut or even made, and this connection will always bind the natural law and conventions. Evidently the natural form of law is enforceable by the courts. Professor Wade makes a distinction here between the nature of law and convention by stating that â€Å"Law is enforceable by the courts†¦.Convention is not enforceable by the courts† The issue here arises with regards to the validity of this statement. Are conventions indeed distinctly dissimilar to the nature of law in that they are not enforceable by the courtsIndeed, conventions are rules and are part of the constitutional order, interrelated and interwoven to some extent, however relatively distinguishable from the natural form of law as Professor Wade asserts. The key distinction is in the nature of the enforcement and of the sanction. As mentioned above the natural form of law is inherently enforced in the courts; however it could be debated as to whether conventions are fully applied in courts (discussed further below), conventions are most certainly non-legal but nonetheless binding rules of constitut ional behaviour. A good example of this is the convention of ministerial responsibility. It is a convention which holds ministers wholly and individually responsible to Parliament. If a minister knowingly misleads parliament for example he or she will be expected to resign from office. If no resignation is forthcoming the minister would be acting unconstitutionally and NOT illegally. A court of law could not compel a resignation in this situation. Nonetheless, in the case of R. v Secretary of State for the Home Department Ex p. Hosenball[2] the court had relaxed the rules of natural justice â€Å"for the protection of the realm† in a case were the Secretary of State had considered information that Mr.Hosenball, while resident in the United Kingdom, had sought and obtained for publication information harmful to the security of the United Kingdom. This case proves that the courts were willing to shape up the natural form of the law and enforce a convention for public interest in order to ensure the security of the ‘realm’. A key point to address in this case was that the Secretary of State had not arguably acted fairly in that Mr.Hosenball was denied a fair trial. In today’s court this would infringe article 6 of the Human Rights Act 1998. Therefore, it would be fair to establish that in today’s courts the judiciary would have taken a different approach to tackling the aforementioned case. So is Professor Wade accurate in explaining that a distinction between the nature of law and convention exists on the basis that law is enforceable by the courts and convention is notCertainly the above case contradicts to this to some extent; however a reluctance of the modern courts to enforce conventions has crafted this distinction, making Professor Wade’s distinction relatively accurate on this basis. However as highlighted by the convention of ministerial responsibility a distinction can be formed between a convention and the natural form of law on the basis that acting unconstitutionally differs from acting illegally as highlighted above. Professor Wade explains that a distinction exists between the nature of law and convention on the basis that â€Å"Law remains in force until changed by statute, and convention may change with changing times†. Accordingly Professor Wade is to some extent right in this distinction, in that we have seen numerous acts of parliament being superseded and changed by more modern statutes. Furthermore, it would be fair to establish that courts accept the validity of the acts of Parliament and have validated the concept of Parliamentary Sovereignty, and although the courts do not directly challenge legislation passed down by Parliament, a strong part of the constitution comprises of common law and not solely statute law, particularly in certain cases involving private law including tort and contract law. Thus to some extent it could be inaccurate and problematic to assert that â€Å"law remains in force until changed by statute†. Furthermore, Professor Wade, establishes that â€Å"conventions may change with changing times†. He is indeed relatively accurate in making this statement, as proven by the ‘Widdicombe Convention’ which was formally recorded to resolve any conventional ambiguities with regards to the media and publicity campaigns. This convention was effectively the result of the growing media and the influence it had on society. This convention inherently proves the accuracy of Professor Wade’s explanation that ‘conventions may change with times’. However the legitimacy of this distinction is inaccurate in a sense on the grounds that even the law may change with time, after all, this is why we have a parliament and a superior court system. With changes in society comes change in the law, this is the basic foundation of any competent legal system. Alas, this asserts that Professor Wade’s distinction is relatively inaccurate as both the natural form of la w and conventions change with time in order to sufficiently meet the ever changing needs of our society. Another distinction Professor Wade explains in his statement is that the â€Å"law, at least if statutory, is ascertainable in precise form, convention is often imprecise and may be nowhere formulated in categorical forms† To some extent it can be rather contentious to assert that statutory law is precise in its form. This is merely because a broad term may be used in a statute which can give rise to confusion and uncertainty, developments in society can make the words used in a statute out of date and they may no longer cover the current situation. An example of this is in Section 53, Coroners and Justice Act 2009 c. 25[3]. However the important distinction made here is the statement asserting that â€Å"conventions are often imprecise and may be nowhere formulated in categorical form†. A good authority which validly contradicts to this inaccurate distinction is the convention of ministerial responsibility which is included in the Ministerial Code, which is issued upon appointment to all ministers by the Prime Minister. The convention clearly sets out the conventions and codes of practice as a minister. Thus, in conclusion after critically assessing Professor Wade’s explanation of the distinctive nature of law and convention in relation to the British constitution I have established that some of the distinctions he explains are more accurate than others. Initially the Parliament Act 1911 proved that failure to adhere to an important convention might lead Parliament to cast a disputed practice into legislative form which undermined Professor Wade’s explanation, and proves that convention can indeed constitute into law. Furthermore the case of R. v Secretary of State for the Home Department Ex p. Hosenball[4] proved that a convention could to some extent be enforceable in order to ensure the protection of the ‘realm’. I also established that Professor Wade was accurate in asserting that a â€Å"convention may change in time† as proven by the Widdicombe Convention, however his distinction could be seen as inaccurate as even the natural form of law can be changed in time to suit the needs of society. The convention of ministerial responsibility’s clarity contradicts Professor Wade’s distinction which stated that â€Å"that convention is imprecise in comparison to the precise form of law†. Therefore the aforementioned examples highlight that Professor Wade’s respective explanation although rightful in some aspects; the distinctions made can seem too broad and relatively inaccurate in some arspects in defining a convention and comparing it to the natural form of law. Bibliography Ward, R. (1997) Cases on Constitutional Administrative Law 4th edition, Pitman Publishing Horsey, K. (2009) Tort Law, Oxford University Press Leyland, P. (2007) The Constitution of the United Kingdom, Hart Publishing Turpin, C. (2007) British Government and the Constitution 6th edition, Cambridge University Press How to cite Constitutional and Administrative Law, Essay examples

Tuesday, May 5, 2020

Kiss the sky Essay Example For Students

Kiss the sky Essay Ten people sit, waiting to embarkOn a journey to a place called Jurassic Park. They sit impatient, they cant wait to leaveToo see something none of them have ever seen. Theyve seen it in movies and on TVBut never in real life like they are about to see. Although it will be exciting to be there,Its as well a dangerous atmosphere;For they all tried to run when they heard the roarBut they all got eaten by a dinosaur. So all we know is who they were;Nothing from after or from beforeBut I will tell you what I can guessAbout all these people, Ill do my best. There was a man who played on the stageAnd for each film he made, earned a hefty wage. He was an actor in huge demandAny sum of money would be placed in his hand. He could make you think he was anyoneHe could even convince his father he wasnt his son. Although in his head he wasnt too brightHis personality was more than all right. The other nine like him, and thats no surpriseHe was especially easy on the eyes. The man who with the actor bonded bestWas a man with a million dollar wrist. On the cover of every sports magazineAnd being him was every boys dream. He was a bit short-tempered, but liked to jokeThey all thought he was funny, even the old folks. Although he could play many sportsHe was also a gentleman of many sorts. He was quite a charmer, pure to the coreNo girl could ever ask for anything more. Next on the list was a man who sangAnd when he did, on every word you would hang. For he could set the mood of any situationAnd make something small into a big sensation. Although he was not much to look atHis words were rich like butter is fat. He was a college man but not very brightHe never studied during the day, but he sang at night. He was rather shy and kept to himselfUntil he was on stage, then his songs he would belt. Then there was a man with utmost controlBoss of the country was his role. Every decision was of his ownHe could change anything by making a call on the phone. But thats okay, he was quite trustedAnd so neat about everything, even his ironing board was dusted. Everything he wore looked brand newIts like everything he wore, he had two. He had great posture, even when he satHe stepped very lightly, just like a cat. The woman with whom he had the most in commonWas a woman who worked in the business of ramen. The business was passed down by generationsHer relatives had done all the preparations. She ran the business like no one beforeWhether it was a sale of a million or four. She ran the business like a well-oiled machineThat was kept superbly clean. And made sure that no one fell out of lineAnd never gave anyone a reason to whine. Then there was a man who gave the greatest gift of allHe taught at the end of a very long haul. He would make learning seem funAnd children were sad when the day was done. He exuded such an enormous energyHe would teach no matter what his wage would be. He loved nothing more than seeing eyes light upOn the faces of children who were learning new stuff. Whether teaching to read, write, or spellHe did it all very well. .u165b9b060f477d954c30f647a5326e63 , .u165b9b060f477d954c30f647a5326e63 .postImageUrl , .u165b9b060f477d954c30f647a5326e63 .centered-text-area { min-height: 80px; position: relative; } .u165b9b060f477d954c30f647a5326e63 , .u165b9b060f477d954c30f647a5326e63:hover , .u165b9b060f477d954c30f647a5326e63:visited , .u165b9b060f477d954c30f647a5326e63:active { border:0!important; } .u165b9b060f477d954c30f647a5326e63 .clearfix:after { content: ""; display: table; clear: both; } .u165b9b060f477d954c30f647a5326e63 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u165b9b060f477d954c30f647a5326e63:active , .u165b9b060f477d954c30f647a5326e63:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u165b9b060f477d954c30f647a5326e63 .centered-text-area { width: 100%; position: relative ; } .u165b9b060f477d954c30f647a5326e63 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u165b9b060f477d954c30f647a5326e63 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u165b9b060f477d954c30f647a5326e63 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u165b9b060f477d954c30f647a5326e63:hover .ctaButton { background-color: #34495E!important; } .u165b9b060f477d954c30f647a5326e63 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u165b9b060f477d954c30f647a5326e63 .u165b9b060f477d954c30f647a5326e63-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u165b9b060f477d954c30f647a5326e63:after { content: ""; display: block; clear: both; } READ: Acid Rain (3062 words) EssayClosest to the man who taughtWas a woman who had to deal with children who fought. She had no job and stayed home all dayAnd with her children she got to play. She never wanted to go out and workAnd deal with a boss who was a jerk. Instead she liked to clean and cookAnd read the occasional book. Some may think shed get boredBut each day she enjoyed it more. Then there was a woman who worked half the timeSomeone usually has to, to get by. But this person inherited a hefty sumWhen her grandmothers life was done. Although she was in the higher classShe still liked to work to help the time pass. She was rather shy and didnt speak muchBut when she did, she did it suchA way that could calm anyoneAnd make a sad situation fun. The one who was closest to a friend to herWas a boy who grew up calling his father sir. He went to private schools all his childhoodAnd was programmed to think that was good. But then he finally saw the lightAnd he ran away from home that night. So now hes living on his ownAnd occasionally calls his mom on the phone. But he refuses to ever come backAnd live the life someone else wants him to have. Finally a man who gave his lifeTo his Lord and Savior, Jesus Christ. He joined the ministry right out of schoolAnd for that, many people called him a fool. But he knew it was what he wantedAnd knew the decision wouldnt haunt him. So now he preaches every chance he getsAnd never swears, cheats, or bets. He was easy to get along with, and also quite funnyAnd when they passed the plate in church, he received a lot of money.