The United Kingdom’s constitution is unique because unlike many world constitutions wherein state order is based on a written definitive set of documents established at some particular points in history, UK do not have such codified, written set of documents called the UK…
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"With rreference to recent case law discuss the impact of the human rights act 1998 on the doctrine of parliamentary supremacy"
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The UK Constitution is rightly deemed an unconventional, uncodified constitution that is a pragmatic product of experience and experiment.
Central to the UK Constitution is the doctrine of parliamentary supremacy which endows the UK Parliament an overweening supremacy above all other governmental institutions including the executive and the judiciary. As defined by Albert Dicey, it is a doctrine wherein the Parliament has “the right to make or unmake any law whatever and further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.”3 Parliament is not bound by its predecessor. In other words, it confers upon the Parliament the title “Supreme Lawmaker” by which the notion of judicial review does not apply. Thus, no court is allowed to question the validity of an Act of Parliament. Moreover, the
Parliament’s legislative competence is rendered unlimited and by ordinary Act of Parliament it is empowered to alter any aspect of the existing Constitution. This doctrine had been questioned but was upheld in the Madzimbamuto case with finality, holding that if Parliament chose to enact a law that is improper or immoral, “the court will not hold the Act of Parliament invalid”.4 This doctrine had also been lambasted by such judges as Lord Chief Justice Woolf on the ground that it causes the British courts to become a weakened judiciary, stripped of the power of judicial review and the power to interpret civil rights implications while the Parliament is free to enact any legislation that it desires.5
It is a reality though, that the doctrine of parliamentary supremacy was threatened and suffered an erosion when UK decided to become a member of the European Union in 1972 and had to accede to European laws and the principle of the supremacy of European union law. The case Costa v ENEL ...
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In the above three cases, there have been a failure to consider for deportation of foreign prisoners who are held under terrorism charges which illustrated an obvious necessity to overhaul the HRA4. It is to be observed that HRA has created a scenario where it was deemed that all public bodies in UK would adhere to the Convention and offered power to the UK courts to hear challenges to any infringement.
Thereafter, it is up to Parliament to take suitable action, if deemed necessary.1 In its White Paper, the UK Government clarified that the Human Rights Act 1998 was aimed at providing a novel basis for the interpretation of every piece of legislation by the judiciary.
1 Section 3(1) of the Human Rights Act 1998 provides that courts are required to interpret national legislation in such a way as to ensure that they are consistent with human rights under the European Convention on Human Rights.2 However, in practice Parliament seemingly ceded parliamentary sovereignty relative to Convention rights to the judiciary.
This is because the UK is only bound by the Convention under international law, but not domestically. With the passage of the HRA 1998 however, Convention rights have been domesticated and become part of English law to which courts are obligated to legally defer to in their decisions.
Once the Osmosis of the above scenario clears in the reader's mind it is possible to discern a pattern where as the Queen of Hearts (later rhetorically referred to as "nothing-but a pack of Cards" by Alice) is equivalent to the Modern Executive with its unfettered discretion to use and abuse its powers, lock up and detain people at its own will, apply legislation in an oppressive manner and the list goes on.
The consequence of this theory is that the Judiciary and its components, the individual judges, can discharge their professional responsibilities without being subjected to any inappropriate influence by the Executive, the Legislature or any other source.
The foundation of any democratic society lies in the legal framework that governs the fundamental right to freedom of expression. Public protests and campaigning for causes ranging from advocating and proposing changes in laws
The heading Aims and Objectives discusses the aims of the research, namely the present state of the media perception, the role of the public in youth crimes, the real threat of the youth crimes and who precipitates the problems? The Literature Review discusses various literatures concerned with youth crime and media perception.