and exercise of the royal prerogative give rise to serious constitutional questions concerning the rule of law in a democratic society.” Critically assess this statement. The first task of this essay is to say what the royal prerogative is. Then this essay will attempt to examine the scope and exercise of the said royal prerogative. Lastly this essay shall consider what issues regarding the rule of law are touched upon by the vexatious issue of the royal prerogative. The royal prerogative is a series
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The Exclusionary Rule was put in place to prevent the government from using evidence that was gathered illegally in violation of the United States Constitution. Evidence that was obtained from an unreasonable search and seizure that violates the Fourth Amendment or Fifth Amendment are found admissible in court under the Exclusionary Rule‚ if no exceptions apply. The establishment of the Exclusionary Rule was due to the rulings of several Supreme Court cases where it was found unconstitutional for
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Case Study Analysis – Montgomery Ward Year 9 * In the year‚ the company witnessed a significant increase in accounts receivable‚ which could be due to acquisition of Lechmere and its assets may have been added to Montgomery’s revenue * The company also witnessed an increase in its accounts payable—this could also be a transfer from Lechmere * Montgomery’s cash outflow from investing activities increased drastically due to the acquisition. To finance this acquisition‚ the company had
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The rule of law is a legal maxim that provides that no person is above the law‚ that no one can be punished by the state except for a breach of the law‚ and that no one can be convicted of breaching the law except in the manner set forth by the law itself. The rule of law stands in contrast to the idea that the leader is above the law‚ a feature of Roman law‚ Nazi law‚ and certain other legal systems. At least two principal conceptions of the rule of law can be identified: a formalist or "thin"
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to the Rule of Law & the modern definition. Rule of Law in the layman perspective is the principle that nobody is above the law and that every man’s act is subject to the law. The law referred‚ in our context‚ is the Malaysian Constitution which embodies the definition‚ expressly in many of its provisions. The constitution has the absolute power as against the arbitrariness and discretionary power of the government. This concept is commonly practiced in democratic countries. Rule of Law and Rule
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“How do the rule of law and accountability operate within the United Kingdom constitution? Does the reality match your picture of how a democracy should work? Explain your reasoning drawing on relevant material you have studied.” The concept of accountability and the rule of law in UK is a quite controversial topic of discussion. There is too much debate whether or not there is a good resemblance of the doctrine of democracy in accordance with these two topics in reality. Accountability‚ as well
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Laws are an intrinsic part of our lives and are necessary for the common good and welfare of society. Black’s Law Dictionary‚ as quoted by Melvin (2012)‚ defines law as a “body of rules of action or conduct prescribed by controlling authority‚ and having legal binding force.” In other words‚ laws are rules of behavior that are legally binding and are enforced by a controlling authority. Laws affect many aspects of our lives in ways that we may not even think about: we pay our taxes‚ observe
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“Government under the law and the protection of rights and freedom are twin pillars of the rule of law. Without the separation of powers‚ neither of these principles would be realized. Governments perform three functions namely executive‚ judicial and legislative functions. The role of separation of powers involves the diffusion rather than concentration of powers within the state. Thus‚ these branches should be separate‚ unique and equal. The underlying principle of the separation of powers is
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The idea of any rule being righteous is often questioned‚ since a righteous rule or law is very ambiguous . In the past‚ Hammurabi created the first complete set of rules called‚ Hammurabi’s Code‚ that was intense in some area’s ‚ and too lenient in others. In some of his rules‚he wasn’t fair to the accused‚ to the victim‚ and to the society in all his laws. The accused should be punished enough to learn the lesson. Being harsh is necessary in some cases‚ but some cases harshness goes to the extreme
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Between Rules and Laws • Categorized under Grammar‚Language | Difference Between Rules and Laws Rules vs Laws The main difference between rules and laws is the consequences associated with breaking them. While each is developed to invoke a sense of order‚ fair play‚ and safety‚ the weight of a law is much heavier than the weight of a rule. Laws are like the legal version of rules. When you are a child‚ a parent sets rules to be followed. When you are in a society‚ the government sets laws to be
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