Powers of the Sovereign

Powers of the Sovereign 1(a) Powers of the Sovereign Under the (unwritten) constitution of the United Kingdom, all actions of government are undertaken in the name of the Crown. According to Joseph Chitty: â€Å"The rights of sovereignty, or supreme power, are of a legislative and executive nature, and must, under any form of government, be vested exclusively in a body or bodies, distinct from the people at large† [1820, p.2]. The Queen is therefore part of the legislature which consists of the Crown and the Houses of Lords and Commons. Further, while it was established by the Case of Proclamations (1611), the Bill of Rights 1689 and the Case of Prohibitions (1607) that the monarch has no power to make laws or act in a judicial capacity, the entire administration of justice is conducted in the name of the Queen. In addition, much of government is conducted by the exercise of the Royal Prerogative including the power to declare was and enter into treaties with foreign states. The Queen alone has the power to dissolve Parliament, appoint ministers and assent to bills. Therefore it may be concluded that although frequently dismissed as a titular head of state, the Queen continues to exercise considerable power within what is in all other respects a truly parliamentary democracy. 1(b) Concern at the Constitutional Position of the Monarch This dichotomy between the will of the people as expressed through their elected representatives in Parliament and the residual power vested in the Queen who ascend the throne solely on the basis of hereditary entitlement inevitably gives rise to concern as to the potential for misuse of sovereign power. Typically, Queen Victoria retained the view that she had the ability to dissolve Parliament against the customary advice of her ministers. In the Letters of Queen Victoria, 3rd series, Vol II, pp.297-99, Lord Salisbury warned of the potentially disastrous consequences of such a step with the dismissed party then having to â€Å"go to the country† as opponents of the Crown. In reality, constitutional convention dictates that such a step would never be undertaken. It is as unthinkable as the Queen refusing Royal Assent to an Act of Parliament. Similarly, the House of Lords made it clear in Council of Civil Service Unions v Minister of State for Civil Service (1985) the case in which the prerogative power to withdraw trade union rights from employees at GCHQ was challenged (albeit unsuccessfully) that the courts retained the right to review the exercise of prerogative power. Thus it may be concluded that while constitutional concerns must exist in theory as to the manner in which the Queen might exercise her power, the reality is that she regards herself as being prevented by convention from so doing. 2) The European Communities Act 1972 Section 2(1) of the European Communities Act 1972 provides: â€Å"All such rights, powers, liabilities, obligations and restrictions from time to time created or arising under the Treaties†¦are without further enactment to be given legal effect or used in the United Kingdom shall be recognised and available in law†¦[emphasis supplied]. The issue of what will happen if a domestic statute is inconsistent with directly effective Community obligations is specifically addressed by s.2(4): â€Å"†¦any enactment passed or to be passed [by the Westminster Parliament]†¦shall be construed and have effect subject to the foregoing provisions of this section.† Initially, the response of the courts to these provisions was ambivalent. In Felixstowe Dock and Railway Co v British Transport Docks Board (1976), Lord Denning ventured that once a Bill â€Å"is passed by Parliament and becomes a statute, that disposes of all discussion about the Treaty. These courts will then have to abide by statute without regard to the Treaty at all.† However, in McCarthys Ltd v Smith (1979), Lord Denning appeared to retreat from this position: â€Å"In construing our statute, we are entitled to look at the Treaty as an aid to its construction: and even more, not only as an aid but an overriding force.† In Garland v British Rail Engineering Ltd (1983), Lord Diplock expressed the view that anything short of an express statement in a statute that it was intended to be in breach of Community Law would not justify a UK court in finding an inconsistency. However, in Factortame (No.1) (1989) the House of Lords refused to grant interim relief to restrain the operation of the Merchant Shipping Act 1988 on the basis of s.2(4) of the 1972 Act. This was however overturned by the European Court of Justice and led to the decision in Factortame (No.2) (1991) in which Lord Bridge concluded: â€Å"Under the terms of the Act of 1972 it has always been clear that it was the duty of a UK court when delivering final judgment, to override any rule of national law found to be in conflict with any directly enforceable rule of Community law†. In Duke v Reliance Systems Ltd (1988) the House of Lords had to consider whether the different retirement ages for men and women in this country was in breach of the Equal Treatment Directive. It was argued that the Sex Discrimination Act 1975 should be construed so as to conform with the Directive. Lord Templeman argued: â€Å"A British court will always be willing and anxious to conclude that United Kingdom law is consistent with Community law. Where an Act is passed for the purpose of giving effect to an obligation imposed by a directive or other instrument a British Court will seldom encounter ay difficulty in concluding that the language of the Act is effective for the intended purpose.† It may be concluded therefore that despite the initial misgivings described above, the approach of the British courts has been to ensure that European Law will always prevail over inconsistent domestic law by virtue of the operation of the European Communities Act 1972. As will be observed, this has on occasion given rise to a certain degree of mental judicial gymnastics where the statute appears to be inconsistent on its face but the courts have strained to impose an interpretation that will allow at least the pretence of consistency.

Humorous Best Man Speech for Two Best Men -- Wedding Toasts Roasts Spe

Humorous Best Man Speech Written for Two Best Men Best man 1: Good evening everyone. I must warn you we are both pretty nervous about doing this speech. We have spent many a night awake, trying plan it to no avail. We were both so nervous about doing this speech we asked the groom for some advice on how to prepare for talking to a large audience. Best man 2: So he did. He told us to imagine that you are all naked, so if you don't mind, we are going to give it a go. (Stares, winks at people) Best man 1: Ladies and gentlemen, may I thank you for attending this wonderful occasion. You can all agree that today has been a great success, so far, they look absolutely stunning. So if you could raise your glasses. To the bride and groom. Best man 2 :Also, thanks must go to the beautiful bridesmaids, who did a fabulous job today getting the bride ready and making sure she didn't back out. So if you could please raise your glasses again. To the bridesmaids. In preparing for today the groom has given us a list of things we have to do, so if you don't mind, for our sake and for yours, we would just quickly like to run through it, sorry. (Get pens and list out of pockets) Make sure that the groom is dressed appropriately. Best man 2: No better than usual, check. (Pretends to check list) Best man 1: Ensure that the groom has been to the bathroom Best man 2: I made sure he went in there, but the rest is up to him! Best man 1: See that angry ex-girlfriends are kept at bay Best man 2: Errrmmm. I can't find any, most of them seem rather relieved. Best man 1: Bring a bag with the following items for emergencies. Best man 2: aspirin, antacid, deodorant, toothpaste, Viagra. Oh, sorry the groom wasn?t going to ment... ...g unless its shared by two. Congratulations to the bride and groom. Best man I : To end we would just like to read a few verses from this poem that is very close to our hearts. It is called ?The Power of Love? which was written by William Shakespeare. Best man 2: Wasn't it also covered by Huey Lewis and the News in 1985 for the film Back to the Future Best man 1: Yeah O.K. quiet. (sing) The power of love is a curious thing Make a one man weep, make another man sing. Change a hawk to a little white dove More than a feeling, that's the power of love. Best man 2: It's O.K. mate Pats him on the shoulder) Let me: You don't need money, don't take fame Don't need no credit card to ride this train. It?s strong and it's sudden and it's cruel sometimes but it might just save your life. Thats the power of love, that?s the power of love!! Thank you.

Ethnic Identity and African Americans Essay

Ethnic identity is the sum total of group member feelings about those values, symbols, and common histories that identify them as a distinct group (Smith 1991). Development of ethnic identity is important because it helps one to come to terms with their ethnic membership as a prominent reference group and significant part of an individuals overall identity. Ethnic reference group refers to an individuals psychological relatedness to groups (Smith 1991). These reference groups help adolescents sense, reflect and see things from the point of their ethnic groups in which they actively participate or seek to participate. What is ethnic identity? The establishment of identity is an important, complex task for all adolescents, and is considered a major developmental task for all adolescents. It is particularly complicated for adolescents belonging to ethnic and minority groups. Ethnic identity of the majority group of individuals is constantly validated and reinforced in a positive manner where as the minority group is constantly ridiculed and punished in a negative manner. What does this say for those adolescents who are the minority and not the majority? It is important to study or research ethnic identity because it provides better knowledge to help one understand striving for a sense of unity and connectivenesss in which the self provides meaning for direction and meaning of ethnic identity (Spencer, 1990). It is also important to study or research the differences between these groups due to beliefs and values. Adolescents that are the minority are confronted with their ethnicity at an earlier age then Caucasian adolescents majority and they are constantly aware of ethnic differences, which means it is of greater importance to understand the development of the minority individual. It should lead to different assessments when it comes to ethnic identity. For example, African American adolescents are psychologically compared to Caucasian American adolescence diagnoses, which are sometimes inaccurately assessed. Bronfenberner explains the theoretical perspective such as the ecological perspective by saying, The implications for clinical treatment of African American adolescents, mental health workers must be sensitive to the ecological context of their clients. Mental Health workers must realize that there is no single entity called the black family . The black families compared to the other families established their American family. He suggests that these families vary dramatically in backgrounds, social economic status, values, and degree of acculturation to the norms and values of mainstream America (1990). There are also, significant differences that may exist in preparation of African American adolescent, at the level of rearing family practices and in schools (1990). That is, schools continue to reflect historical values that deal with racial-stereotypes and prejudice and beliefs. At the same time there are families trying to avoid and make light out of such situations. These families and communities continue to show constancy by instilling their own beliefs and values through child rearing which maybe different from Caucasian Americas. Identity and ethnicity as adolescent issues Identity has been defined in many ways. It is the concept used to describe an individual’s sense of who he or she is (Dashefsky and Shapiro, 1976). Changes in identity occur throughout the life cycle, however, the changes in identity are usually most notable during adolescence. Integrating a positive sense of ethnic identity into one’s overall personal identity is an important task of late adolescence (Steinberg, 1996). Ethnic identity has been defined as the aspect of one’s sense of identity concerning ancestry or racial group membership (Steinberg, 1996). Ethnic identity development is an essential human need because it provides a sense of belonging and historical continuity. Ethnic socialization Minority children are confronted with their ethnicity at an earlier age than their majority counterparts (Smith, 1991). Parents can help to speed up the early stages of ethnic identity development by taking an active approach to ethnic socialization. Ethnic socialization, according to Steinberg(1996), refers to the process through which parents teach their children about their ethnicity and about the certain experiences they may have with the broader society. Ethnic socialization consists of three themes: 1) understanding one’s own culture, 2) getting along in mainstream society, and 3) dealing with racism (Steinberg, 1996). Possible outcomes of ethnic identity development. There are four ways to deal with ethnicity (Steinberg, 1996): Â ·Assimilation–adopting the cultural norms of the majority while rejecting the norms of one’s own culture. Â ·Separation–rejecting the majority culture and associating only with members of one’s own culture. Â ·Marginality–living within majority culture but feeling estranged. Â ·Biculturalism–maintaining ties to both cultures. According to Steinberg (1996) many believe that biculturalism is more successful than the other four. With biculturalism minority youth have access to the norms of the majority and minority culture depending on the situation. References. Â ·Smith, Elise J. Ethnic Identity Development: Toward the Development of A Theory within the Context of Majority/Minority Status. Journal of Counseling and Development: JCD. v70. n1. Sept. 1991. p. 181-188. Â ·Spencer, Margaret Beale. Child Development. v61 n2. Apr. 1990. P. 290-310. Â ·Dashefsky, A. (Eds. ). (1976). Ethnic identity in society. Chicago: Rand McNally College Publishing Co. Smith, E. J. (1991). Ethnic identity development: Toward the development of a theory within the context of majority/minority status. Journal of Counseling and Development, 70, 181-187. Â ·Steinberg, L. (1996). Adolescence. New York: McGraw-Hill, Inc.

Recognition and Legalization of Same-sex Marriage

Introduction Equality is a prominent topic of debate. Although the gay and lesbian community has progressed, the fight for equality remains. Recognition and legalization of same-sex marriage still falls within the minority rule amongst the states, but will soon be the majority. California , Delaware , Connecticut , Hawaii , Illinois , Maine , Maryland , Massachusetts , Minnesota , New Hampshire , New Jersey , New Mexico , New York , Rhode Island , Vermont , Washington , Iowa , and Washington D.C. are marriage equality states. Colorado , Oregon , Nevada , and Wisconsin laws allow gay and lesbian couples to enter into a domestic partnership or civil union. I hope that other states, particularly states in the South, will follow suit in†¦show more content†¦In the second section, I will discuss the current state of the law in Louisiana regarding public policy, adoption, and custody. In the third section, I will address California’s enactment of laws and relevant case law protec ting gay and lesbian parental rights. In conclusion, I will suggest that Louisiana adopt laws similar to California’s that include protections for the growing number of gay and lesbian parents in the state. Constitutional Rights to Parent The United States Supreme Court has repeatedly established, â€Å"[p]arents have a constitutionally protected liberty interest in making decisions about the care, custody, and control of their children.† Troxel is a third party visitation case, stemming from a Washington statute, where the paternal grandparents filed for visitation of their granddaughters, after the suicide of their son. At the state level, the grandparents won visitation. The children’s mother appealed their decision on the ground that the state unconstitutionally infringed on her fundamental parental liberty interest. 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