During the interwar period of 1919 to 1939, the European political arena witnessed a radical change in governmental organization. Historically this period has been defined by authoritarian Fascism and Nazism. In fact, Gino Germani a professor at the University of Buenos Aires hypothesizes that the structural tension inherent in all modern society between growing secularization and the necessity of maintaining a nationalist centred government was sufficient for the integration of causal factor in…
The American Revolution was the creation of the United States declaring independence. This was a very important part of our American history. There are many factors that led to the revolutionary war. The aftermath of the French and Indian war was the beginning to this rise of rebellion against Great Britain. Known to England as the seven year war, this was caused over land disputes with the French and Indians. The war formally ended with the Treaty of Paris 1763. This treaty removed all claims…
A v SSHD [2005] 2 AC 68 This case, which has been brought before the House of Lords by nine men, who were issued a certificate of a suspected international terrorist under the Section 21 of the Anti – Terrorism, Crime and Security Act 2001 and who were detained under Section 23 of that Act. Their Lordships have answered the questions of law, forming the ratio decidendi. Firstly, did Article 15 apply in the Belmarsh case in order to allow the derogation from Article 5 and the suspension of…
The United Kingdom is a constitutional monarchy with a parliamentary system of government. Although Queen Elizabeth II has been the country’s Head of State since 1952, the “royal prerogative” of the monarchy has been progressively reduced in past centuries after events such as the Glorious Revolution of 1688 and the passing of the Representation of the People Act 1832. The monarch must still “appoint” a new Prime Minister after a general election and approve the enactment of all legislation, but…
Q4: 1.0: Introduction The issue on whether the principle of supremacy (hereinafter called ‘POS’) of European Union (EU) law where EU law takes precedence over national law still stands firmly, or it is merely a hallucination in the eyes of national courts will be tackled by looking at the Member States’ (MS) responses to European Court of Justice (ECJ) decisions and the methods of ‘qualification’ to EU law’s supremacy that MS adopted alongside with the academics opinions. 2.0: EU law is…
Indigenous Sovereignty and the Being of the Occupier 98 unwillingness to recognize asylum seekers’ property-own - ing subjectivity in much the same way that Australian gov - ernments had denied equal treatment before the law to cer - tain classes of immigrants from the 1920s to the 1940s. In the twenty-first century the practice of granting fixed term temporary protection visas to asylum seekers in place of per - manent visas bears the very same mark of rendering a cer - tain class of…
.The division of power in Australia is the principle that sovereignty should be divided between the federal government and the state government, an example of this would be the case of the Commonwealth v Western Australia (1999) This case involved the implementation of the Mining Act 1978 (WA) to an area in Western Australia that under Defence Force regulations had been asserted as a defence practice area.The Commonwealth petitioned to the High Court for declarations that Mining Wardens do not…
The first step toward constitutional monarchy of this country encouraged them to demand a reviewing of some interest in politic and especially a parliamentary reform. It is in this way that in 1790’s political societies supporting the revolution spread in Britain, mostly supported by artisans but also writers. Mary Wollstonecraft (1759-1797) wrote a book Vindication of the Rights of Women (1792) that…
Internationally, human rights are protected through treaties which states become members of. By becoming a party to a treaty, the states are obliged to protect individuals and groups against human right abuses. States like the UK that have parliamentary sovereignty have to put into place domestic measures and pass legislation that is compatible with the obligations and duties in the…
What is the impact of referendums on democracy? Include examples from the UK and other countries. A referendum is a direct vote in which an entire electorate is asked to vote on a particular proposal. This may result in the adoption of new constitution, a constitutional amendment, or a law. Whether referendums are initiated by governments, presidents or voters the issues can differ from constitutional amendments, electoral system change and national independence to EU membership and EU treaties…