Introduction The idea of Separation of Powers suggests that governance of the State should not fall solely under one organ of the State which could be identified as the Executive‚ Legislature and Judiciary. Aristotle in his Politics submitted this theory but the most famous version was being suggested by Montesquieu in ‘De L’Espirit des Lois’. His arguments indicate that there were three functions of government‚ Legislative as the law-making body‚ Executive as the law-applying body and Judiciary
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the process when making an Act of Parliament. Parliamentary law is the highest form of law in England‚ which regards to national/domestic legislation. It is law made by Parliament or government departments. The law‚ which is approved by the commons‚ Lords and the Monarch is called legislation‚ and laws passed by Parliament (consists of two houses‚ the House of Commons where members of parliament sit and the House of Lords sit) are known as Acts of Parliament. An Act of Parliament creates a new
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Passing a bill through parliament Ideas Ideas come from: - Law reform committee (formal) - Pressure groups (informal) - Media (informal) - Parliamentary committees (formal) - Political parties (formal) - Court decisions (formal) Development of Policy Policy is developed by the minister (eg road rules by the minister for transport) Cabinet develop the new
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Malayan Law Journal Reports/1966/Volume 2/STEPHEN KALONG NINGKAN v TUN ABANG HAJI OPENG AND TAWI SLI - [1966] 2 MLJ 187 - 7 September 1966 8 pages [1966] 2 MLJ 187 STEPHEN KALONG NINGKAN v TUN ABANG HAJI OPENG AND TAWI SLI OCJ HARLEY AGCJ (BORNEO) KUCHING CIVIL SUIT NO K 45 OF 1966 7 September 1966 Constitutional Law -- Constitution of the State of Sarawak‚ Articles 1‚ 5‚ 6‚ 7‚ 10‚ 24 and 44 -- Whether Governor has power to dismiss Chief Minister -- Allegation that Chief Minister
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To what extent are the two chambers of Congress equal in power (15 marks) One factor which could be seen to imply that the two chambers of Congress aren’t equal in power is the contrast in importance of the political decisions they get to vote on – and for this reason the Senate can be seen as superior. Senators hold exclusively the ability to ratify treaties as well as confirming the President’s nominees for position such as Supreme Court justices and leading roles within the government‚ and they
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Mens Rea and delegated legislation Alexandra StoicaMens rea: the guilty mind of the defendant The difference between s18 and s20 of the Offences against the person act 1861 is the mens rea required. Mens rea must be distinguished from motive. Motive can be relevant in some crimes. Intention: can be direct or indirect (oblique) Direct intention- this occurs where the consequence is the defendant’s aim or purpose. An example is Mohan 1976. The defendants deliberately attacked the victim. The resulting
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Prerogatives Powers or the Royal Prerogatives PP or RP are defined by AV Dicey as being ‘the remaining portion of the crown’s original authority and is therefore the name for the residue of discretionary power left at any moment in the hands of the crown whether such power be in fact exercise by the king himself or by his ministers’. Today there are still many PP available to ministers and the monarch and these powers are often exercise without restraint and in controversial situations. PP are nevertheless
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| | MANU/SC/0293/1998Equivalent Citation: AIR1998SC2120‚ 1997(1)ALD(Cri)157‚ 1998(1)ALD(Cri)762‚ 1997(1)BLJR263‚ 1998CriLJ2930‚ JT1998(3)SC318‚ 1998(2)PLJR67‚ 1998(3)SCALE53‚ (1998)4SCC626‚ [1998]2SCR870IN THE SUPREME COURT OF INDIACrl.A. Nos. 1207-1208 of 1997 [With Crl.A. Nos. 1209/97‚ 1210-12/97‚ 1213/97‚ 1214/97‚ 1215/97‚ 1216/97‚ 1217-18/97‚ 1219/97‚ 1220/97‚ 1221/97‚ 1222/97‚ 186/98 (Arising out of S.L.P. (Crl.) No. 2/98) and 187/98 (Arising out of S.L.P. (Crl.) No. 366/98)].Decided
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Parliamentary System In a democratic state‚ there are two types of government. Parliamentary system of government Presidential system of government Type of government is based on the relationship between the executive and legislature department. Parliamentary system: Parliamentary system can be defined as: “Representative system that features FUSION OF POWER rather than SEPARATION OF POWER between the executive and legislative institutions and power” Nature of this system: Parliamentary
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‘Constitutional conventions are no longer capable of constraining those who hold public office; they should be converted into legal rules.’ Discuss. One might define the constitution of a country as a set of regulations that a government is expected to derive its principle rules from‚ thus regulating the relationship between the state and its citizens. Under the UK constitution these rules‚ although being non-legal rules‚ are considered binding and are embodied by way of constitutional conventions
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