Parliamentary Supremacy Essay

â€Å"In the absence of a written constitution, the UK Parliament is the sovereign law-making power, incapable of limiting its own power, or being limited by an external power.† In the absence of an unwritten, or rather, uncodified constitution, the doctrine of Parliamentary supremacy (also called â€Å"Parliamentary sovereignty†) emerges as a principle factor granting legitimacy to the exercise of government power within the UK. The doctrine of Parliamentary supremacy is a set of rules that determine how courts should approach Acts of Parliament. This includes rules pertaining to how courts should handle contradictory provisions, or Acts, as well as the status attached to an Act of Parliament. This doctrine recognises Parliament as the ultimately supreme, sovereign law-making body within the UK. The rules that construct the doctrine of Parliamentary Supremacy may be found in a number of sources; case law, constitutional conventions, statute law, and the writing of famous academics. The purpose of this essay is to analyse the extent to which the UK Parliament is â€Å"the sovereign law-making power, incapable of limiting its own power, or being limit ed by an external power.† Anytime the sovereignty of the UK Parliament is mentioned, Prof A.V. Dicey’s classic, three-point definition springs to mind. According to Dicey, a) Parliament has the right to make or unmake any law whatever, b) no Parliament can bind a future Parliament, and c) person or body has the right to override an Act of Parliament. The three points given above summarise the Doctrine of Parliamentary Supremacy (or Sovereignty). Dicey’s first and last points, pertaining to Parliament having the right to legislate on any matter and no person or body being able to override those laws, have been strongly confirmed by UK courts. Judges have repeatedly upheld the principles of Parliamentary sovereignty, in cases and quotes. Sir Ivor Jennings once stated â€Å"Parliament can legislate to ban smoking on the streets of Paris; Parliament can legally make a man into a woman.† In Madzimbamuto v Lardner-Burke (1969), Lord Reid stated â€Å"It is often said that it would be  unconstitutional for the UK parliament to do certain things†¦but that does not mean it is beyond the power of parliament to do such things.† Similarly, in ex parte Simms and O’Brien (1999), Lord Hoffman stated â€Å"Parliamentary sovereignty means Parliament can†¦legslate contrary to fundamental human rights.† In Brit Railways Boards v Pickin (1974) and Edinburgh and Dalkeith Rly Co v Wauchope (1842), the courts refused to challenge the validity of an Act of Parliament, regardless of procedural flaws. This gave rise to what is now the â€Å"Enrolled Bill Rule†- which is courts will not look beyond the â€Å"Parliamentary roll.† In Jackson v AG (2005), the validity of the Act of Parliamen t 1949 and subsequent Acts passed under that procedure, was questioned. The concept of Parliamentary supremacy was challenged in obiter statements of three judges; however, the Acts were ruled as valid and the sovereignty of Parliament was again confirmed by the courts. Dicey’s second point relates to Parliament being unable to bind its’ successors. The mechanism through which courts give effect to this point is known as the â€Å"doctrine of implied repeal.† This requires courts to enforce the latter, and impliedly repeal the former, when two Acts conflict with each other. This is exemplified in the Ellen Street Estates Ltd v Minister of Health (1934). Thoburn v Sunderland City Council (2002) examined the doctrine of implied repeal more closely and held there is a special class of statutes, called, â€Å"constitutional statutes†, that cannot be impliedly repealed. Rather, they can only be expressly repealed. These constitutional statutes are those defining fundamental rights, such as the Magna Carta and Bill of Rights 1689. The Act of Union 1706 Act intended to bind future UK Parliaments, but that eventually failed. In MacCormick v Lord Advocate (1953), it was argued the principle of Parliamentary sovereignty is not reco gnised in Scottish law. The â€Å"manner and form argument† declares that although there is no limit to the subject matter on which Parliament can legislate, and a Parliament cannot bind its successors, the manner and form in which it legislates may be limited. Special procedures for legislation may be set down by the courts. This was illustrated in Minister of the Interior v Harris (1952). The two factors that challenge the concept of Parliamentary sovereignty are  the ECA 1972 and the HRA 1998. EctJ judgements are binding on all UK courts, and according to S.2 of the ECA 1972, all Acts of Parliament are to be construed according to EU law. EctHR judgements are not strictly binding on the UK Supreme Court (formerly House of Lords), but the HRA 1998 calls for all legislation to be interpreted according to Convention rights. If an Act of Parliament is incompatible with the HRA, a â€Å"declaration of incompatibility† will be issued by the courts but the Act will remain in force until Parliament amends it. This â€Å"declaration of incompatibility,† in fact, enphasises the sovereignty of Parliament. In the Jackson case, Lord Hope states the supremacy of Community law limits the sovereignty of the UK Parliament. In summary, it appears the UK Parliament, to a large extent, is a â€Å"sovereign law-making power, incapable of limiting its own power,† as evidenced by many cases mentioned above. Parliament can legislate on any subject matter it chooses to, and no body has the authority t override an Act of Parliament. As illustrated by the Enrolled Bill Rule, even procedural flaws cannot invalidate an Act of Parliament. However, it is limited slightly by external powers, such as the ECA 1972, the HRA 1998, and special procedures may be laid down to make legislation difficult. However, the fact that Parliament, of its own free will, chose to pass the ECA and HRA indicates that these Acts do not limit its’ sovereignty. Parliament can, after all, legislate to undo the above-mentioned Acts and procedures if it chooses to. The phrase â€Å"what the queen enacts in Parliament is law† remains a fairly accurate embodiment of the doctrine of Parliamentary Sovereignty.

Database

DBDC11D| Database concepts| Assignment 1| | Robyn Wright| 3/27/2013| | Contents Introduction2 Task 13 1. 1Definition of database management system3 1. 25 Advantages of database management system3 1. 33 Business functions database management system could do3 1. 45 database management system packages3 1. 510 Factors when choosing a database management system3 Task 25 2. 1Create a database if it does not yet exist5 2. 2Show if the database has been created5 2. 3Use a specific database5 2. 4Delete a database5 2. 5Create a table with columns5 2. Insert information into a table5 2. 7Extract certain information from a table6 Task 37 3. 1The eight stages of the database design process7 Conclusion9 Reference List10 Introduction A database is a group of information that is stored in a computerised way for easy access, organization and reupdating http://searchsqlserver. techtarget. com/definition/database (2013). Databases can be used in many different ways and in many different companies. In t his assignment we see how a database can fit into a law firm. Task 1 1. 1Definition of database management systemSoftware that allows a computer to perform database functions of storing, retrieving, adding, deleting and modifying data (Mike Chappel, 2012). 1. 25 Advantages of database management system 1. Minimized data inconsistency – In a properly designed database, the chance of finding inconsistency within the data becomes very slim. 2. Less redundancy – Inside the database, the data is only recorded in one part of the database. This reduces the amount of redundancies (or copies) of the data as well as save storage space http://navdeep19. blogspot. om/2012/04/advantages-and-disadvantages-of. html (2012). 3. Backup and Recovery Procedures – The data is backed up regularly to protect the data from being lost due to power failures, lightning etc. 4. Security – Will only allow people who are authorized to get access to the data as well as update and retri eve data. This minimizes the chance of data getting to people who are unauthorized access the data http://www. myreadingroom. co. in/home/226. html (2013). 5. Sharing – If people have authorization, they can access the information from other locations.Database Management System and DataMany people can have access to the same set of data at the same time. The data can also be shared between certain programs. 1. 33 Business functions database management system could do 1. Show upcoming court cases 2. Retrieve case files faster 3. Search through the information to locate specific information, ex, searching for similar case 1. 45 database management system packages 1. Microsoft SQL server 2. MySQL 3. Oracle 4. Sybase 5. IMB Informix 1. 510 Factors when choosing a database management system 1. The price of the database 2. The features comply with what is needed . Supported programming language 4. The scalability of the database 5. The transportability of the database 6. Can it con tain the information I need to use it for 7. Does it work on the operating system used in the company 8. The platform and the database comply with each other 9. It performs well, is not known to have many, to no problems 10. Decide on the type of database that is needed Task 2 2. 1Create a database if it does not yet exist Create database if not exists bransonclientdb; 2. 2Show if the database has been created SHOW DATABASES LIKE ‘bransonclientdb’; . 3Use a specific database USE bransonclientdb; 2. 4Delete a database DROP DATABASE bransonclientdb; 2. 5Create a table with columns CREATE TABLE client (clientNumber int(11) not null, clientLastName varchar(45) not null, clientFirstName varchar(45) not null, Title varchar(5) not null, TellephoneNum varchar(10) not null, CellNum varchar(10) not null, primary key (clientNumber)); 2. 6Insert information into a table INSERT INTO client VALUES (‘001’,’Boehm’,’Barry’,’Mr’,â₠¬â„¢0123456789’,’0831235657’); 2. 7Extract certain information from a table SELECT * FROM overdueWHERE OutstandingAmount >1200 ORDER BY clientFirstName; Task 3 3. 1The eight stages of the database design process Step 1: Purpose of the database This is where the information/ data for the database is found. We locate the information as well as decide on the database type, what database to use. We would use the following item to help in this step: Business rules (to understand what the table names could be). Example of information found in this step would be: using MySQL, the model structure, planning for the next steps Step 2: Data informationThis is the step where all the information is organized. We organize it into required information and not required, into names, surnames, ID number – this is to get column names for our tables. Note that nothing has been created yet. Example of information found in this step: client_ID; client_first_name; client_last_n ame. Step 3: Table sorting and structure This is the step where we begin to create a database. We start creating entities and table structures. This is the base, or foundation of the database, nothing can exist without it.Examples of what is found in it: a table named court_dates, or a table named client_lists Step 4: Columns and records In this step we input at the information into the tables. We firstly enter all the relevant fields or columns and then we enter the information into the relevant fields. What can be found: a table Step 5: Primary Keys This step, is where we, inside the table define which column will become the primary key for the table. Here is an example of a statement setting a primary key (red block) The primary key helps to identify rows Dr. Croft, N. (2013).An example of a primary key is: clinet_id Step 6: Relationships In this step, we define how tables are related to each other. If it is a one to one, one to many or a many to many. It is a way to define what data in one table is related to in other tables. Example would be a one to many. Step 7: Design Revisions We check for any design flaws in this step, add foreign keys and add adjustements to the design where needed. Example: Adding foreign keys Step 8: Normalization In the last and final step we check for errors in our tables, we make sure they are structured correctly and are removed of all redundant behaviour.Conclusion In this assignment I have learnt how to navigate the basics of MySQL. I learnt how to add information and select information from a database. I learnt about the reasoning behind creating a database and why it is a better choice than that of a paper based nature. Reference List Administrator (2013)  Advantages and disadvantages of DBMS. [online] Available at: http://www. myreadingroom. co. in/home/226. html [Accessed: 23 Mar 2013]. Dr. Croft, N. (2013)  Database Design Concepts. Johannesburg : CTI Education Group. Navdeep19. blogspot. om (2012)  Excellence: Ad vantages and Disadvantages of Database Management System (DBMS). [online] Available at: http://navdeep19. blogspot. com/2012/04/advantages-and-disadvantages-of. html [Accessed: 23 Mar 2013]. Chapple, M. (2012)  Database Management System. [online] Available at: http://databases. about. com/od/administration/g/dbms. htm [Accessed: 19 Feb 2013] Searchsqlserver. techtarget. com (2013)  What is database? – Definition from WhatIs. com. [online] Available at: http://searchsqlserver. techtarget. com/definition/database [Accessed: 26 Mar 2013]

Contract Law Research Paper Example | Topics and Well Written Essays - 2500 words - 1

Contract Law - Research Paper Example For each case that comes under the law of contract the approach implied is a mixture of both the classic and new models. However according to some commentators the, modern contract law lacks clear and distinct principles itself and therefore each case has to be treated according to its specific circumstances and conditions. (Mulcahy. Pp 3-4. 2008) Proper law of contract is very important in a society where the trading and exchange of goods and services are important factors in maintaining the economic order. In many of the developing capitalist societies, the proper regulation and support for exchange processes of trade and goods and services have to be there. (Mulcahy. Pp 6. 2008) A breach of a contract is a situation in which one of the parties involved in the contract refuses or fails to fulfill its obligation or duty under the contract without giving any legal excuse or cause. The aim is to put the contract to an end without fulfilling one’s liability. The breach of the contract is usually at the stake of one of the parties involved in the contract and for this reason, the law gives several remedies for the breach of contract. The remedy that is employed for the breach of a contract depends upon the type of breach, its method, nature, and seriousness. When there is a breach of contract the harmed or injured party can claim compensation from the damages that resulted from the breach. The breach declares that the contract is discharged or released and in so doing the involved parties are released from obligations under the contract or forced to perform the obligations. (Fitzgerald and Olivo .pp 129. 2005) The remedies that are generally available in the event of a breach of a contract are damages, specific performance, injunctions, rescission, discharge, quantum meruit, and substantial performance. (Fitzgerald and Olivo .pp 131-145. 2005) The first contract was between Scott and Brown for purchasing 50 bags of flour that were actually stolen by Brown,

Developing Autonomous Practice in Mental Health Nursing Essay - 1

Developing Autonomous Practice in Mental Health Nursing - Essay Example Mrs. N defines her family as helpful, supportive and gentle towards her. Presently, Mrs. N is unemployed and claiming income support along with disability allowance. However, previously, she had a job in a textile company, while she was residing in West Africa. Mrs. N desires to go back to Africa where she has spent her childhood life and teenage days. From the report it is very much clear that she misses her friends and wishes to go back to Africa with her family where she can feel more welcomed and can get better medical treatment with ‘Herbal Medicine’. Mrs. N’s husband had sacrificed his work in order to stay at home so that he can watch over the children and support Mrs. N with her mental illness. From the medical record of the patient, it has been observed that Mrs. N has been diagnosed with acute mental despair. She had tried to kill herself along with her youngest son affirming that someone persuades her to kill herself as well as her children. Furthermore , consumption of drugs and alcohol has made her condition worse. Her report represents devastating experiences of distress where she does not prefer to interact with any person and also lacks motivation to attend her personal sanitation. Mrs. N also agreed that there is a history of mental illness in her family. Her father and grandmother both had been diagnosed with a problem of schizophrenia, similar to her case. Mrs. N has been reported to drink alcohol at frequent instances and to smoke cannabis regularly. Before her admission as a mental patient, she was recorded to make her last attempt to kill her husband. Due to her act, she was arrested under Mental Health Act (MHA) Act of 1983 under Section 3 (Lennox, 2012). Because of challenging and... This report approves that stress vulnerability model acts as an assessment tool and also provides structures for conducting physical health evaluations. According to this model, vulnerability to an obsession is fundamentally acquired by inherited predilection or due to the consequence of environmental aspects. Contextually, the model identifies that mental health problem can appear if a person is put under considerable level of stress. Nevertheless, the level of stress which leads to mental health problem can vary from person to person. This essay makes a conclusion that the evaluation of patient’s medical record provided significant understanding about the method of mental health nursing. There are several approaches a therapist can utilise in order to serve a metal patient. However, considering the condition of Mrs. N, it can be stated that the use of CBT approach would be most effective for the patient. It would help to recognise the major problems of Mrs. N and accordingly provide solution to her. CBT approach can thereby enable an organised consultation with patients. Thus, it provides therapists with ranges of techniques which can assist them to address the present situation faced by the patient and to practice effective solutions to cure the identified problems. CBT approach has also been proved beneficial for numerous patients with schizophrenia. Although CBT approach is quite difficult to implement in the practical scenario, as it is an individually customised approach, it can provide long lasting ad vantages to patients.

An analysis of cross-functional teams in procurement and acquisitions Term Paper

An analysis of cross-functional teams in procurement and acquisitions - Term Paper Example This indicates that the prime objective of logistics is to avail raw materials, commodities, and goods, satisfying four main requirements that include order, cost fulfillment, quality and delivery. Logistics as a result entails several value adding activities that include production, time, location, and control of the supply chain (Rodrigue & Hesse, 2012). It highlights the organizational and material support of globalization. Logistic activities include physical distributions of the goods (derived transport segment), and the materials segment (the induced transport segment). The objective of this essay is to analyze a logistics management case ‘Online Store’ and come up with a detailed discussion on how the business can develop a new online retail business. The discussion will focus on the following logistic activities: Singaporean sourcing operations supplier selection, evaluation and Procurement, International transportation from Singapore to Australia, and Australian Quarantine and inspection clearance (Eauc.hk, 2010). The essay highlights how the above logistic activities can help the business to produce its products at a lower cost, and add value to time and place utility. Singaporean Sourcing Operations Supplier Selection, Evaluation and Procurement Procurement entails more than mere purchase of goods and services. With the increased need for business competitiveness and the growing pressure to deliver value to shareholders, interest in global procurement has been accorded greater attention. Businesses have resorted to global supply chain and procurement as a means for survival and attainment of competitive edge. The amount of money that businesses spend on procurement is often substantial taking approximately 50% to 85% of the company`s revenues. In search for high quality goods but at a lor cost, businesses like the Online Store have turned their attention to Asia for a wide range of sourcing ranging from materials, supplier identification , services to outsourcing. Singapore as a country is strategically located in addition to having sufficient business infrastructure. Because of this attractiveness, global businesses have been attracted to Singapore in their procurement undertakings (Singapore Fact Sheet, 2012). Sourcing Operations A number of rules guide the exportation of goods from Singapore. In its sourcing operations, Online Store has to adhere to these rules. According to Singapore Customs (2012), the following rules have to be adhered to: Fist the company must obtain an out permit through TradeNet. If the goods are not controlled and they are exported through air or sea, the permit has to be obtained within three days of the export. If the goods ate controlled or are being exported to Australia via rail or road, then the permit has to be obtained before exports. As noted in the case, some of the goods will be manufactured in China and sourced to Australia through Singapore. In this case, the business must ob tain an Out re-imported goods permit through TradeNet before it exports the goods under the Temporary Export Scheme. By fully exploiting the free trade agreement existing between Singapore and Australia, the business can benefit in the form of reduced import charges which is passed on to the consumers in the form of low product prices (Dfat.gov.au, 2003). Exports from Singapore Non-Dutiable Dutiable Source: Singapore Customs (2012, p.1) Supplier Selection, Evaluation and Procurement The first process in

Management for Financial Managers Essay Example | Topics and Well Written Essays - 2250 words

Management for Financial Managers - Essay Example The management principles and organizational structures are also undergoing drastic changes to cater the requirements of the current world. The current problems of the Camford University must be analyzed, keeping all the views expressed above in mind. â€Å"The bogus University of Camford, a formerly prestigious seat of learning, has been allowed to offer sub-standard and worthless degrees — virtually unchecked by the government — for the last twenty years† (Fabian Tassano, 2008). The reports appearing on news papers and different web sites are not in favor of the university. In The current courses offered by the university are focusing on theoretical knowledge rather than the practical knowledge. The current world requires practical information more than the theoretical information. The courses has to be restructure to meet such requirements. Another criticism against Camford University is about their claim of accreditation with QAA (The Quality Assurance Agency for Higher Education, based in Gloucester). But the functioning of the QAA itself is questioned by the critiques. They believe that the QAA has some secret ideological agenda aimed at promoting a program of ‘egalitarianism’. â€Å"A check at Companies House revealed that, far from being "independent", the QAA is in fact a branch of the government, and reflects government ideological policies† (Fabian Tassano, 2008) The University’s independency is also under scrutiny. The critiques argue that the University is acting as an agent of government to spread their ideologies. They also expressed concerns about the various award ceremonies and the publication of photographs of happy students receiving the awards. â€Å"Administrative support professionals are the central nervous systems of an office. Their responsibilities are numerous and vital to the operation of their organization. Knowing the best ways to perform

Prevalence of Asthma among Physically Inactive Adolescents Research Paper

Prevalence of Asthma among Physically Inactive Adolescents - Research Paper Example Asthma has been implicated in overweight and physically inert young people. In their study, Daniel et al mention that in instances of reduced mobility, there is more prevalence of asthma. With asthma also, there is decreased physical activity which accentuates the condition. In another study by Ten Hacken (2009), physical inactivity and obesity have been compared so as to identify the correlation between the two. The researchers are guided by the principle that physical inactivity and obesity are risk factors for many chronic diseases including cardiovascular disease, osteoporosis, osteoarthritis, depression and diabetes mellitus. The researchers explain that in inactivity and obesity, there is systemic inflammation that leads to various inflammatory processes of many chronic conditions. Asthma is a chronic airway disease characterized by enhanced bronchial inflammation and hyperactivity, mucosal edema and airway narrowing. Asthma being a chronic condition, therefore, fits the bill o f the inclusion criteria. Despite this argument, the study is not quite clear on asthma as it uses postulations and inferences. Even the researchers themselves admit that complex studies will be needed to clearly show the correlation between physical inactivity and asthma. ... Smoking is a trigger for acute asthma attacks while obesity does not necessarily imply that one has reduced activity. However, there was some strength of association between inactivity and asthma in the sense that, of the study participants, those who used inhalers had an 80% likelihood of being physically inactive. Another study by Hallal et al seeks to identify the strength of association between physical activity in adolescents and their health status. The research is based on the principle that physical inactivity among the young people reduces the incidence of chronic diseases. The study was conducted between 2000 and 2004. The findings were that physical activity has long-term benefits o various conditions in the body including bone condition, breast cancer, asthma and sedentary behavior. Concerning asthma, the researchers established that water activities have shown efficacy in controlling and fighting asthma. The ways in which physical activity treats asthma is not very clear , but from various studies reviewed, there is a close association between physical activity and asthma. What is, however, not clear is the mechanism by which this happens. PART 3 Research Questions: Using PICO Model The study shall be conducted based on the guidance from the following research questions: 1. To what extent can asthmatic conditions be attributed to lifestyle? 2. Are adolescents who are less active physically likely to have health complications than their active counterparts? 3. What is the connection between patient diagnosed with asthma and physical mobility? 4. Can increased physical activity reduce the chances of asthmatic attack? 5. Do asthmatic adolescent who