Public Law Essay

2479 words - 10 pages

Public Law
Assume the following facts. The Labour government elected in 1997 was
committed to the creation of regional assemblies- a policy that was
strongly opposed by the Conservative Party. A Lancashire assembly was
created by the enactment of the Lancashire Assembly Act 2001. At the
general election of May 2005 the Conservative party was retuned to
power with a small majority of seats in the House of Commons over the
combined opposition parties. It is committed to the abolition of
regional assemblies. It appears that, in order to establish the
Lancashire Assembly on a firm footing, the labour government had
introduced a provision in the 2001

Act- Section 13- for the purpose of preventing its repeal.

Advise the Conservative Prime minister (who wishes to secure the
immediate repeal of the Lancashire Assembly Act) on the basis that
section 13 is set out in the following alternative terms;

1. “The Act of Parliament may never be repealed”

2. “This Act of Parliament may not be repealed for a period of at
least 10 years from the date of its entry into force”

3. “This Act of Parliament may be repealed only if the repealing
measure gains a two thirds majority on its third reading in the
House of Commons”

4. “this Act of Parliament may only be repealed if, in addition to
gaining the assent of the crown, The House of Lords, and the
House of Commons, the repealing measure has the written assent of
three-quarters of the residents of Lancashire”

Furthermore, if the Lancashire Assembly Bill had contained any of the
above provisions, would the queen have been entitled to refuse the
Bill Royal Assent?

If Section 13 solely stated that the Act of Parliament may never be
repealed it would be inconsistent with the longstanding doctrine of
Parliamentary sovereignty. This is a concept whereby a fundamental
feature is that Parliament may not bind its successors, namely in this
instance Labour cannot bind the present Conservative Government. In
this instance the Act of Parliament the Labour government have passed
may be repealed, as to prevent this would breach the concept of
Parliamentary sovereignty. This is also the case applying to section
13 (2) where the provision states the act of parliament may not be
repealed for a period of ten years. For the Labour government to
prevent its repeal for ten years means they have bound the present
Conservative government from enacting legislation, which in accordance
to the doctrine of Parliamentary sovereignty, they cannot do.

It would be advisable for the Conservative government in both
circumstances to apply the doctrine of implied repeal. This creation
of Common law involves the simple expedient of enacting legislation
that would be inconsistent with...

Find Another Essay On Public Law

Public Interest Law Essay

691 words - 3 pages Public Interest Law   I first witnessed the power of the individual to engender change as a high school graduate in the summer of 1990. I was one of 10 American youths, chosen from a nationwide pool of applicants, to join 10 Soviet youths on a river rafting expedition in Siberia with Project RAFT (Russians and Americans for Teamwork). For three weeks we worked side by side, literally dependent on cooperation and mutual trust for

The United Kingdom Public Law Essay

1170 words - 5 pages The United Kingdom Public Law Author’s name: Institution’s name: United Kingdom Public Law Public law is the section of law that governs the relationship between individuals and the government and other relationships between individuals, which directly concern the society. It comprises of constitutional law, tax law, criminal law and administrative law. In public law, compulsory rules prevail. Freedom of speech is the notion of

Public International Law Study Notes

9318 words - 37 pages Public International Law NotesIntroductionBrief History- Modern international law generally recognised as having its genesis in the Middle Ages in Western Europe - where, at the time, process of decentralisation leading away from Roman Catholic Church and Holy Roman Empire towards the Reformation and rise of Nation-States- Thirty Years of War (1618-1948) came to an end with Treaty of Westphalia (significant event for international law) - treaty

The Free Appropriate Public Education Law

1878 words - 8 pages FAPE , also known as Free Appropriate Public Education is a law that was passed in during the 1970s, a time in which civil rights for all people were being pushed. FAPE states that special education services and general education services are to be delivered without charge of the family, but of that of the public expense. It is important to recognize that the services should be mandated given by public education and if is is unavailable private

Policy Identification and Explanation Public Law

1906 words - 8 pages Policy Identification and Explanation Public Law No. 107-56 Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act [USA PATRIOT Act] of 2001, Section 215 is responsible for access to records and other items under FISA, which stands for the Federal Intelligence Surveillance Act of 1978, this act was implemented during the George W. Bush administration after the September 11th terrorist

Relevance of Public International Law in Human Rights

1317 words - 5 pages Human rights seem to be one of the most current issues worldwide. Uncountable efforts have being made to assure the avoidance of violations and abuse of them during human history. However, it is not just until the end of World War II that joined efforts by most of the countries in the world were visible, being public international law one of the ways to . It could be said that public international law is one of those important efforts that

Public International Law

1757 words - 7 pages The use of force is evolving to be one of the most disturbing issues in the international world today. In international law, the use of force according to the UN Charter is supposed to be used only in self-defence and not to threaten the political integrity of another state. The issue is that state X with the use of force breached the sovereignty and went against the territorial integrity of State Y. In International Law, most disputes between

Affirmative Action: Michigan´s Law that Bans Use of Racial Criteria in Admissions to Public Universities

1374 words - 6 pages The Supreme Court’s recent ruling to uphold a Michigan’s law that bans use of racial criteria in admissions to their public universities brought back national attention to affirmative action. It dates back to the civil rights movement of the 1950-60s, a mass protest against historically racial and minorities inequalities and racial segregation. The Supreme Court’s May 17th 1954 ruling that segregation in schools is unconstitutional in case of

The Aim of Public International Law

2260 words - 9 pages The aim of international law is to monitor the behaviour between states since where there exists a community of states, the maintaining of law and order becomes essential. A state will, as a general rule, do its utmost to act within the confines of the framework of rules which make up international law. Any state disregarding these general principles of peaceful and cooperative cohabitation between states runs the risk of incurring the

Does the Rape Shield law support Nesson's View that verdicts are to instill confidence in the public rather than maximizing the truth

1297 words - 5 pages THE RAPE SHIELD LAWThe Rape Shield Law that limits the use of a victim's prior sexual history as an attempt to undermine the credibility of the victim's testimony supports Charles Nesson's view of verdicts. It supports Nesson's views in the sense that verdicts are not about the evidence but rather by the event. Furthermore the Rape Shield Law promotes public confidence in verdicts because the public especially rape victims, are encouraged to

Who is, and who should be, the principle beneficiary of English copyright law: authors and performers, those involved in the commercial exploitation of copyright works, or the general public?

2557 words - 10 pages Who is, and who should be, the principle beneficiary of English copyright law: authors and performers, those involved in the commercial exploitation of copyright works, or the general public?The purpose of copyright is to allow creators to gain economic rewards for their efforts and so encourage future creativity and the development of new material which benefits us all .IntroductionIn answering this question, I will first examine the current

Similar Essays

Public Law Essay

2606 words - 10 pages Public Law Constitutionalism is the organisation of power within a government to prevent the over-centralization, and possible abuse of state power. Hence, by doing so, upholding the fundamental civil rights of the public. Such beliefs may be manifested within a written document-a constitution, which aims to enact these beliefs by outlining certain terms which the government formed must adhere to. Such terms may

Public Law Essay

2447 words - 10 pages Public Law Prime facie, this case would seem to be a simple matter regarding the Weights and Measures Act 1985[1]. However, the defence brings into their argument, important issues concerning legislative supremacy. There is a distinct element of constitutional significance to this case and this is evident from the fact that Lord Justice Law’s judgement devotes a substantial amount of direction on the issue of

Public International Law Essay

1956 words - 8 pages Public International law International law contains of rules and principles, which preside over the relations and communication of nations with each other. International Law that is in most other countries referred to as Public International Law concerns itself only with questions of rights among more than a few nations or nations and the citizens or subjects of other nations. In dissimilarity, Private International Law deals with controversies

Public Interest Law Essay

678 words - 3 pages Public Interest Law   I was told that my desire to enter the field of public interest would wane after my first year of community service. On the contrary, the realization of the power which a lawyer possesses has reinforced my desire to enter this arena. An advocate's work can have far reaching consequences. This is clearly true in public interest law, where the purpose is not simply to correct a wrong done in the past between two