Parliamentary Sovereignty Essay Example | Topics and Well Written Essays - 1000 words

Parliamentary Sovereignty - Essay Example They are appointed is for six term of office of six years through the term is renewable. The power of the ECJ defined in Article 243. The Member States mainly, but not exclusively, in exercising its jurisdiction under Articles 173, 177 and 228(6).2 The sovereignty of Parliament is the dominant characteristic of our political institutions. Sir. A. V. Dicey expressed it as cornerstone of the constitution and he has introduced of this doctrine of PS. These are: This rule means that the Parliament can make or unmake any law. Parliament may grant independence to dependent states whether dominions or colonies. For example: The Nigeria Independence Act 1960 and The Zimbabwe Independence Act 1979. 2. No Parliament may be bound by its predecessor or bind by its successor: The doctrine of repeal is the idea that supports this theory. Now any Act of Parliament can expressly or impliedly repeal any law. So, this power of Parliament support Dicey's this theory as Parliament is not being bound any Parliament before it. However, by Acts of Union, the law making power of UK and Scotland was merged that was maintained for more than 300 years. Acts of Union and the Grand of independence oppose this theory. This doctrine states that an Act will be accepted by Courts provided it was made by proper procedure. So, no one can question about its validity. But it is seen that citizens' i.e. ... Before 1688 settlement judges proclaim an Act invalid because of its conflicts with a law of higher statues. In Pickin v British Railway Board, Lord Read said that although, previous laws contrary to the law of God or the nature or natural justice can be said to be invalid, The comments of Lord Denning in McCarthy's v Smith, and Lord Diplock in Garland v British Rail Engineering Ltd provides an analogy for arguing that the HRA could be repealed if Parliament wished. It cannot be an entrenched bill of Rights, but where a Sex Discrimination Act 1975 appeared inconsistent with Article 141(then Article119) EC (equal pay). However, HL was able to construe the provision in a manner consistent with Article.3 The influence between of the European court in the development of Community law, and the influence of domestic courts in the development of English law, on the other hand. Lord Diplock's dictum in the GCHQ is testament to the influence of the courts in the development of administrative law. His Lordship stated "English law relating to judicial control of administrative action has been developed upon a case-to-case basis which has virtually transformed it over the last three decades." In Les Verts the Court referred to the Treaty as the ""basic constitutional charter" of the Community and came to the conclusion that, although the Parliament was not mentioned as a possible defendant in Article 173, binding measures adopted by it were subject to judicial review. The Court stated that by Articles 173, 184 and 177 the Treaty intended to establish a complete system of legal remedies. Les Verts is a prime example of dynamic interpretation, an approach typical of the interpretation. The current British position is found

Homeland Security Strategies Research Paper Example | Topics and Well Written Essays - 1500 words

Homeland Security Strategies - Research Paper Example Introduction The United States of America Department of Homeland Security has been tasked with ensuring the security of the American citizens and their property. One might argue that the Department is only tasked with counter terrorism measures but this is wrong. The Department of Homeland Security is mandated by an act of Congress to ensure that the United States of America is safe domestically. The fact that terrorism is the major threat facing not only the United States domestic security, but even that of all other countries in the world, results in the notion among many people that the Department of Homeland Security is only in charge of fighting terrorism. However, the Department of Homeland Security is tasked with five major responsibilities. They include: protecting citizens of the United States of America from terrorist threats, securing of the United States of America Borders, facilitating legal migration and cracking down on illegal immigration, developing an urgent sense o f readiness, and finally unification and maturation of the Department (Haulley, 2005). When one considers the five responsibilities then it is safe to conclude that the department of Homeland security is not only tasked with preventing terror attacks but also other threats such as natural disasters. This paper will discuss the different strategies that the Department of Homeland Security employs to ensure that it is successful in executing its duties. Surveillance One strategy that the Department of Homeland Security has used profoundly is surveillance. This is where the department uses agencies such as the National Security Agency (NSA) and the Central Intelligence Agency (CIA) to gather intelligence both domestic and foreign that is viewed to be of national security importance by the Department of Homeland Security. Surveillance techniques such as electronic surveillance have been widely used by the Department to follow and intercept conversations of those who are believed to pose a threat to the domestic security of the United of America. This strategy was rampantly used after the September 11th attacks on the United States of America especially during the Bush administration. This is so since the administration allowed the department through the National Security Agency (NSA) to carry out electronic surveillance of terror suspects without the need of any warrant. This strategy can be considered as one of the strategies that have yielded a lot of positive results in the efforts of the Department of Homeland Security in securing the lives and property of Americans from terrorist attacks. For example, according to the director of National Security Agency (NSA), electronic surveillance efforts have resulted in the prevention of numerous terrorist attacks both abroad and domestic on United States of America citizens (Homeland Security News Wire, 2013). Another way that the Department of Homeland Security has employed Surveillance as a strategy of ensuring Natio nal Security is the use of Drones to spy on terrorist groups such as Al-Qaida that operate in foreign countries. Drones are unmanned airplanes that are used by the United States of America government to either spy or attack. These drones have been used to establish the activities of such terrorist groups. The Department of Homeland Security has also used satellites to perform surveillance on its