Parliamentary Sovereignty Essay Example for Free

Parliamentary Sovereignty Essay With reference to relevant domestic case law outline the â€Å"mechanisms† adopted by the British Courts to maintain the Doctrine of Parliamentary Sovereignty in the context of applying European Law. Particular reference should be made to the cases of Bulmer v Bollinger and Factortame. Parliamentary sovereignty is a fundamental principle in the constitution of the United Kingdom. It is where the Parliament is the supreme legal authority, which has the power to create or end any law. Generally, the courts cannot overrule its legislation and no Parliament can pass a law that a future Parliament cannot change. In the British constitution, a statute is generally regarded as the highest form of the law, therefore Parliament is seen as the sovereign law maker. However the doctrine of Parliamentary sovereignty has been altered and limited by the UK decision to become a member of the European Community in 1973 when the European Communities Act 1972 came into force. Parliament must now legislate consistently with European Community Law. The terms of the European treaties as interpreted by the European Court of Justice require member states to limit their sovereignty, by Parliament giving direct effect and primacy to EU Law. The European Court of Justice states that European Community Law should be enforceable in the courts of member states and that EU law prevails domestic law of member state, which includes the United Kingdom. The ECJ, as the judicial institution of the Community, is the backbone of that system of safeguards. It is responsible for interpreting questions of EC law and provision is made in the Treaty for references to the ECJ by national courts. Decisions of the ECJ, upon a reference, are reached by majority vote and are binding on all domestic courts of all Member States. Under Article 234 the ECJ has achieved the principle of supremacy and its uniform application in all Member States when Community law may be in conflict with domestic legislation. The ECH, as the guardian of legality and instrument of cohesion within the Community, has from the start been in a strong position to define the status of Community law and to gibe it precedence when in conflict with the national legal systems of the various Member states. The first case where the Court made a statement on the nature of European law is the famous case of Van Gend en Loos dealing with the principle of direct effect of EC Treaty provisions and the degree to which individuals can rely on such terms to hallenge measures of national law. It was in a second important case, two years later, however, that the ECJ expanded on its constitutional theory of the Community, declaring again that the states had created a sovereign Community by limiting their own sovereign rights. The case was Costa v Enel, the Court basically decided that community law had supremacy over national law. To this day the judgement is the bedrock of the importance of Community law in all Member States of the European Union. Without this decision Community law would have remained merely international law. Not until the doctrine of supremacy did Community law become truly ‘supranational’ as intended in the European treaties. It was in Bulmer v Bollinger that Lord Denning stated: â€Å"The Treaty of Rome is like an incoming tide. It flows into the estuaries and up the rivers. It cannot be held back. † The early generous and realistic approach was seen in the case of Macarthys v Smith (1981) where Lord Denning discussed the feature between mere inconsistencies and deliberate derogation. Where the incompatibility is inadvertent, he suggested that English Courts should apply EC law, on the assumption that Parliament anticipated to perform its treaty obligations. On the other hand, where the incompatibility was deliberate, he was of the belief that English law should triumph. In this case Lord Denning asserted that â€Å"it has priority. It is not supplanting English law. It is part of our law which overrides any other part which is inconsistent with it. † However, it was not until the Factortame litigation that the true implication on parliamentary sovereignty became noticeable. The cases of R v Secretary of State for Transport Ex Parte Factortame (1989), changed Lord Dennings principle. In this case the UK courts applied for an Article 177 reference. Due to the extensive time it take to respond to reference, the UK applied for an additional ruling asking if they could in the meantime still apply the Act as it conflicted with Articles 52 and 221 of the Treaty of Rome. The ECJ ordered the UK to temporarily suspend the 1988 Act, which the UK parliament had not done before. Therefore, this relentlessly undermined the supremacy of the doctrine of parliamentary sovereignty.

Chinese Cuisine - The Food of China Essay examples -- essays research

Chinese Cuisine - The Food of China   Ã‚  Ã‚  Ã‚  Ã‚  China’s food is very unique and traditional. Grains are the main food in China. Rice is the favorite grain among the people in the South. In the north, people prefer wheat, which they make in to bread and noodles. Corn millet, and sorghum are also eaten. Vegetables, especially cabbage and Tofu rank second in Chinese diet. Roasted sweet potatoes are a popular snack eaten by the Chinese. Pork and poultry are the favorite meats in China. The people also like eggs, fish, fruit, and shellfish.   Ã‚  Ã‚  Ã‚  Ã‚  Chop Suey originated in China. Chop sticks and soup spoons are served as the only utensils at a Chinese meal. Tea is the traditional Chinese beverage. Ice-cream has gained popularity in China. Food from the East and Southeast coastal areas includes fi...

Hunter-gather to settled community Essay

Growth of existing trade routes –Silk Roads, Mediterranean Sea, Trans-Saharan, Indian Ocean—due to innovations and technology (caravans, compass, larger ships, credit) The rise of new trade routes centering on Mesoamerica and the Andes Commercial growth due to new trading organizations (Hanseatic League), and state practices (minting of coins, paper money) and state-sponsored commercial infrastructures such as the Grand Canal of China Trans-Eurasian trade as a result of the expansion of empire (china, Byzantine Empire, Muslim caliphates, Mongols) Cross- Cultural exchanges through existing or new networks of trade and communication. The diffusion of cultural, scientific and technological traditions and new food crops, agricultural techniques, and epidemic diseases (including the Black Death) along Eastern Hemisphere trade routes Byzantine Empire, Chinese dynasties, Islamic states, Mongol Khanates, and feudalism in Europe and Japan The expansion of state systems in the Americas: Mayan city states, Mexica (â€Å"Aztecs†), Inca Technological and cultural transfer between states and empires, including tang China and the Abbasids, across the Mongol Empires,  and during the Crusades Increased agricultural and industrial production in many regions due to technological innovations (such as Chinmpa(floating plants in the water) field systems) the expansions of textile, porcelain, iron and exports from china, Persia and India Revival of urban centers, the rise of commerce and warmer temperatures between 800 and 1300; rising agricultural productivity and population, and the greater availability of labor. Varying forms of labor organization: free peasant agriculture, guild organization, several forms of coerced and unfree labor (serfdom, mit’a, slavery) The spread and diffusion of Buddhism, Christianity, Islam, and Neoconfucianism, and corresponding changes in gender relations and family structure. Intensification of existing regional trade networks, bringing prosperity and economic disruption ot the trading regions of the Indian Ocean, Mediterranean, Sahara, and overland Eurasia. European synthesis of technological developments based on knowledge developed in the classical, Islamic, and Asian worlds – resulting in new tools, ship designs, and understanding of global wind and current patterns. New transoceanic maritime reconnaissance: Zheng He in the Indian Ocean, Portuguese in West Africa, Spanish voyages across the Atlantic and Pacific, European searches for multiple routes to Asia across the North Atlantic A new global circulation of goods driven by mercantilist European monarchies, with worldwide circulation of silver from the Americas, colonial joint-stock companies, and the use of free and unfree laborers mixing African, American, and European cultures and peoples The Columbian Exchange of diseases, foods, and domesticated animals between Eastern and Western hemispheres, with subsequent population increase in Afro-Eurasia but indigenous population loss, deforestation, and soil depletion in the Americas Worldwide innovations in visual and performing arts, such as the Renaissance in Europe (with its accompanying expansion of literacy) A growing global demand for raw materials and finished products, resulting within Africa and the export of slaves to the Mediterranean, Indian Ocean, and the Americas; and a range of coerced labor in American colonial economies (indentured servitude, encomienda system) The formation of new political and economic elites as a result of imperial conquests and widening global economic opportunities, such as the Manchus in China and creole elites in Spanish America Fluctuating power of existing elites such as the nobility in Europe and daimyo in Japan, as a reult of increasingly powerful monarchs and leaders Gender and family restructuring: demographic changes in Arica resulting from the slave trades, the trade relationships of Southeast Asian women and European men, and the smaller size of European families Massive demographic changes in the Americas resulting in new ethnic and racial classifications (mestizo, mulatto, creole) Use of a variety of methods by rulers to legitimize, consolidate, and centralize power – including monumental architecture, urban design, religious ideas (European divine right, Aztec human sacrifice, Songhay promotion of Islam), differential treatment of ethnic and religious groups (Ottoman treatment of non-Muslims), recruitment of bureaucratic elites and military professionals (Ottoman devshirme, Chinese examination system, samurai), tribute collection, and tax farming Increased use of gunpowder, cannons, and armed trade to establish large  empires in both hemispheres: European trading- post empires in Africa and Asia; land empires in China, India, the Middle East, and Eurasia (Manchus, Mughals, Ottomans, Russians) Spanish, Portuguese, Dutch, French, and British maritime empires in the Americas Competition over trade routes (Caribbean piracy), state rivalries (Thirty Years War), and local resistance (samurai revolts) challenged state consolidation and expansion

Symptoms And Symptoms Of Bipolar Disorder Essay - 1278 Words

1 HelenKeller541 Physiology October 26, 2016 Abstract: Bipolar Disorder Bipolar disorder is a mood disorder; also referred to as manic depressive disorder according to the Diagnostic and Statistical Manual of Mental Disorders (DSM-V, 2013). Bipolar disorder is a depressive disorder with manic episodes, it is placed between the chapters on schizophrenia spectrum and other psychotic disorders in recognition of their place as a bridge between the two diagnostics in terms of symptomology, family history, and genetics (DSM-V, 2013). Manic depression is a disease of the brain that causes episodes of severe mood swings that can range from depressive lows to manic highs (Goldberg, 2016). There are two different classifications of bipolar disorder - Bipolar I and Bipolar II. Bipolar I have extreme manic episodes where bipolar II have hypomanic episodes meaning they are less extreme (DSM-V, 2013). 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