Parliamentary sovereignty

both a President and a Prime Minister, the people aren’t allowed to vote for either of them (only for the parliament), the power of the people is limited and many other reasons (Glauco). Italy is known to be a democracy, where there is popular sovereignty and where the power resides with the people rather than with the government. The country of Italy has both a President and a Prime Minister present. Although, unlike the President of the United States, the President is really just a public…

well-known characterisation of Britain as a “post-parliamentary democracy” seemed to remain…

appropriately aligned with the black letter of the law and without subjectivity. Subsequently a convincing decision for three key reasons: (i) the decision applies the doctrine of precedent, (ii) lack of legislation is addressed coherently and (iii) parliamentary supremacy and intention is upheld. While the facts and issues of the R (Playfoot) case are radically different to that of Al Rabbat both deal with judicial review cases. Superstone QC and Thomas LCJ apply the doctrine…

the ongoing Senkaku Islands Dispute in the East China Sea. The status quo of this dispute is best explained through realism due to the islands’ importance to each state’s sovereignty, actions both states have taken, and weaknesses in liberalism. China and Japan view the islands as crucial to protecting their individual sovereignty due to the islands’ economic and military value. According to an article published by the International Strategic and Security Studies Programme, “The Senkaku islands…

John Lock Locke on the law of nature rests ultimately on God’s will; but reason discovers it is not distinctive; his language to suggest some kind of distinctive “summons in the hearts of all mankind” the various exponents disagree on just what the law of nature is except that it take for granted the brotherhood of man and human benevolence. In a state of nature Locke holds that all men are bound to preserve peace, preserve mankind, and abstain from hurting one another differs radically from…

Human rights are rights entitled to everyone by birth. A list of inalienable human rights is included in the United Nations Universal Declaration on Human Rights 1948 (Int). Bill of rights is a declaration of human rights protection and guarantees usually issued by a national government. A bill of right usually comprised of an implementation of International Covenant on Civil and Political Rights 1996 (Int) (ICCPR) into domestic law. ICCPR is a treaty between states to recognize civil and…

the courts specifically referring to the Charter are inconsistent and unreasonable. The Supreme Court of Canada decisions on women’s liberty, abortion, minority rights, rights for accused of crime, rights of same sex marriage had challenged the parliamentary supremacy. Critics allege that judicial review is anti-democratic, blaming that judges are not elected democratically by voting (Boyd 2015 p134-135). They argue that the Charter is constitutional document, which gave powers to judges to make…

the Houses of Parliament, it provides several opportunities for debate, scrutiny and amendment, ensuring that any mistakes or poor drafting can be corrected. Another advantage is that government has considerable control over parliamentary law-making. It controls parliamentary timetable for debates and is likely to win at each stage of the process unless a number of its own MPs vote against it. This is democratic because of the government. Furthermore, the House of Lords acts as a checking…

The theory of separation of powers is an idea that leads us back to ancient Greek times. It is a doctrine which represents a way of analysing government and the extent to which a state organises the distribution of power in its different branches. The ancient Greeks in their wisdom looked at the government as being formed by three separate functions. Moreover, the political philosopher Montesquieu reached the threshold of a more meaningful explanation of the doctrine by saying that ‘there can be…

Lord Diplock defined the ground illegality as the requirement for decision makers to understand the law that regulates their decision-making power and give its effect . Nevertheless, a decision can be held as illegal for different reasons. In the case Wheeler v Leicester City Council , the city council used their statutory powers to punish the rugby club for refusing to follow the council’s own views on the South African rugby boycott . In favour of the Club, House of Lords upheld that the…