2. Essay on Human Rights in the European Union
Introduction
The development of a human rights policy in the EU has been a long and often undocumented journey. The sectoral approach of the Paris Treaty
establishing the European Coal and Steel Community (ECSC) in 1951 had an economic and functional intention, lacking a declaration of fundamental
rights, as seen in national constitutions. It was not until the 2000 Nice Summit that the European Union first established a written charter, the EU
Charter of Fundamental Rights, explicitly stating and guaranteeing human rights in the European Union. Documented EU human rights policy before
2000 can be seen primarily in two ways:
1. Internally, through caseālaw from the European Court of Justice (ECJ)
2. Externally,...show more content...
Based on analysis from these four cases, conclusions regarding the effectiveness of human rights policy will be discussed.
Background of EU Human Rights Policy
European Court of Justice
The legitimacy of the ECJ to uphold EU legislation is a necessary component of effective human rights policy. The history of its increase in power is
worth noting. Throughout the 1960s and 1970s, the ECJ's location in Luxembourg, far from the political fray in Brussels and Strasburg, prevented it
from becoming a strong body of the EU. Yet, throughout that time the court methodically built caseālaw that would lead to its surge in influence in the
1980s. The two most significant developments of the court during this time period were direct effect and supremacy. These twin pillars clarified the
relationship between the national and EU legal orders.
The landmark decision involving direct effect occurred in 1963 in a case called Van Gend en Loos. In the case, a Dutch transport firm brought a
complaint against Dutch customs for increasing the duty on a product imported from Germany. The firm argued that the Dutch authorities had
breached a clause in the original EU treaty, which prohibited member states from introducing new duties in the common market. The Court agreed with
3. the firm and declared that any "unconditionally worded treaty provision being self sufficient and legally complete" did not require
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4. The Rule of Law Essay
The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of
various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and
content of the rule of law differ quite widely depending on the socioāpolitical perspective and views of respective commentators (Slapper and Kelly,
2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on
the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one. The rule of law Modern...show more
content...
Slapper and Kelly postulate that: "the 'rule of law' represents a symbolic ideal against which the proponents of widely divergent political persuasions
measures and criticise the shortcomings of contemporary State practice." (Slapper and Kelly, 2009, p15) These commentators concede that the
concept 'lacks precision' and that its meaning changes over time. Noted legal philosopher Joseph Raz accepted the necessity for State intervention in
society and suggests that the rule of law is essentially a means of controlling, limiting and shaping the exercise of discretion in this intervention,
rather than seeking to abolish it entirely (Raz, 1977, p195). Raz clearly appreciated the risks associated with the arbitrary and uncontrolled exercise
of discretionary power and envisaged the principle of the rule of law as the primary safeguard against that threat. Many other writers appear to share
the opinion expressed by Raz that the raison d'ŠŠtre of the rule of law is to control the exercise of discretion, including Dicey, Hayek and Thompson,
and to a lesser extent Unger and Weber. Dicey, for example, in his highly influential magnum opus, An Introduction to the Study of the Law of the
Constitution, suggested that the rule of law is composed of three distinct and specific, but indivisible elements (Dicey, 1885, p179ā201). These are: 1.
An absence of arbitrary power in the hands of the State; 2. The supremacy of ordinary
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5. The British Constitution Essay example
The British Constitution
A constitution is a set of laws on how a country is governed. The British Constitution is unwritten, unlike the constitution in America, and, as such, is
referred to as an uncodified constitution. The British Constitution can be found in a variety of documents. Supporters of our constitution believe that the
current way allows for flexibility and change to occur without too many problems. Those who want a written constitution believe that it should be
codified so that the public as a whole has access to it ā as opposed to just constitutional experts who know where to look and how to interpret it.
Amendments to Britain's unwritten constitution are made the same way ā...show more content...
There are two basic principles to the British Constitution:
* The Rule of Law
* The Supremacy of Parliament
The main arguments for a written and codified constitution:
Parliament is currently unrestrained:
It can make or unmake any law.
It cannot be checked by any other branch of the system
Its heavy workload can mean poor laws are passed
The Unitary system can mean the creation of laws that are inappropriate to regions of the UK
6. ~ The independence of the Judiciary would be protected
~ Basic rights of citizens are identified and guaranteed
~ There will be less constitutional crises as there will not be confusion as to what is 'unconstitutional behaviour'
~ A large parliamentary majority means the domination of the legislature by the executive. An "elective dictatorship"
~ The first past the post system creates an "exaggerated mandate" for the largest party, which is unlikely to have over 50% of the votes (this has not
happened since 1945)
~ Without a Bill of Rights, it is Parliament's duty to preserve liberties. However these can be removed at any time by Parliament (e.g. Internment, the
Prevention of Terrorism Act).
The main arguments against a written and codified constitution:
~ "If it ain't broke, don't fix it". The British constitution has served us well over the
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7. The Sources Of The English Law Essay
1. Outline the sources of the English Law in the order of their importance. There are three main sources of English Law; domestic legislation,
European Union law and case law. Domestic legislation is created by Parliament. Each piece of legislation is an Act of Parliament and is recorded in
statute books, with Adams (2010, p.21) stating that "most English law is currently made by, or with the authority of Parliament". Domestic legislation
is the main source of law and arguably most important in the UK, Macintyre (2010, p.15) explains "Parliamentary sovereignty holds that Parliament
has the power to enact or revoke, any new law it pleases and that courts cannot question the validity of this law". This displays that domestic
legislation is more important than European Union law as Parliament has the sovereignty to repeal the European Communities Act 1972 and leave the
EU. Domestic legislation has shown its importance and demonstrated supremacy with cases like British Railways Board v Pickin [1974] where a
claimant's land had been compulsorily purchased under British Railways Act 1968 but claimed the statute was invalid. The claimant argued that
Parliament had been fraudulently misled into passing it. However, the House of Lords, then the highest court ruled that the argument could not be
raised in court. The law of the European Union has been a source of UK law since 1973 when the UK became a member of the European Economic
Community. European law is next in order of
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8. Law Commission Essay
As a body the law commission is an independent, permanent and full time organisation where their aim is to improve the law by making suggested
changes and brings it up to date. The law commission was created by the law commission act of 1965.
In the law commission there are five commissioners. There is one chairman/women who is a high court judge and four others which can be either legal
academics and/or practicing barristers who are both trained to a high standard.
There are three ways that they try to modernise the law, by codification where they bring together a particular topic to one act of parliament. Examples
of this includes Draft Criminal Code Act 1989, Murder and Homicide Act 2006 and the Coroners and Justice Act 2009. Consolidation...show more
content...
Where they will go through the same process as to the House of Commons, but, when they have done the third reading the bill will go through the
consideration of amendments. This is where the house of lords makes any changes to the bill, then the bill has to go back to the house of commons so
they can approve it before it goes to the queen. However, if both houses cannot come to any agreement, the house of commons will get the say, because
they have more power than the house of lords. Finally, the last stage is Royal Assent, where the crown formally assents to the bill in order for it to
become a law.
Orders in council are used for a range of different reasons for example transferring obligations between government departments. The Queen and the
privy council have authority to make orders in council that affect the whole country. This way it doesn't have to go through government. The privy
council are a group of senior politicians. An example of this was the petrol strike in 2000. This was when there was a fast moving protest about the
price of petrol and deasil, this cause a panic to the community about buying petrol from stations, so they tried to preserve fuel
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9. Families of Law Essay
Law and Society Families of Law Unit 3ā Written Assignment Tami Daniels 03/28/2011 Unit 3 Essay
ā Part Two Name of Country: Great Britain
Family of law followed: Common law How disputes are settled: Litigation, Arbitration, and Mediation How cases are handled: Adversary system;
case law takes precedence In this section, discuss the following: How would your friend's theft be dealt with under the law in this country? In Great
Britain, the Theft Act of 1968 is an Act of the Parliament of the UK. It governs most of the general property offenses in English law. Theft is defined
as a person shall be guilty of theft if he dishonestly appropriates property belonging to another with the...show more content...
A decision will be drawn from here. This process is characteristic of the inquisitorial model. In a case of theft, such as petty theft, it is considered a
misdemeanor and under civil law it would involve investigation by civil servants called procurators (Law and Society, p 57). The case would be
tried under civil law and a defendant in civil litigation is never incarcerated and never executed. A losing defendant in a civil litigation is only
expected to reimburse the plaintiff for the goods stolen. Punitive damages are usually never awarded unless the defendant had malicious intent or
gross negligence. If damages are awarded and the defendant does not have assets or insurance, the plaintiff will receive nothing even though the court
awarded monetary damages (http://www.rbs2.com/cc.htm). Identify any other factors for consideration. Would the fact that your friend is female
impact her treatment under the law in this country? In France, the fact that she is a female would not have an impact on the outcome of her crime.
The same process would apply whether she is female or male. In civil law, the wrongdoer is not punished; he only suffers so much harm as is
necessary to make good the wrong he or she has done (http://www.rbs2.com/cc.htm). The criminal label you would have imposed upon you seems to be
suffering enough, for most, under civil law. When
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10. Abstract This paper describes the basic philosophy to supply chain management in order to develop and implement comprehensive supply chain
strategies for Sony Corporation in global operation. Sony is committed to fulfilling its responsibility to society as a corporate citizen, including
managing its supply chain in a responsible manner. To achieve this goal, Sony is working with its business partners, suppliers and subcontractors to
help ensure that they adhere to the same high standards as Sony in the areas of human rights, labor conditions, health and safety, and environmental
protection. After an overview of supply chain management, strategy and issues, a supply chain design decomposition is presented. It separates
objectives and...show more content...
Here are some of the benefits provided by SCM: * Purchasing SCM offers an advantage of making it easier for companies to manage all aspects of
purchasing and production. Companies using this system develop a set of metrics to monitor the supply of goods. This metric system promotes
purchasing raw products both in an efficient manner and in a way that customers receive high quality in goods produced. * Collaboration SCM
develops a chain of businesses to work with. This group of interconnected businesses works together for one main goal: to provide customers with the
goods and services they demand. SCM systems choose suppliers for raw products as well as distributors. The company uses different suppliers and
distributors based on customer demand. * Lower Costs These systems use many suppliers and distributors, allowing a company to choose the most
costā effective ones. An SCM system helps companies plan how much raw material is needed to meet customer demand. This allows companies to
have a lower amount of inventory on hand at all times. Purchasing agents can then identify ways to save money when purchasing raw products. *
Cycle Time A cycle refers to the amount of time it takes a business to complete an entire process. When the methods of SCM are used, the most
efficient means of operations are discovered. This helps improve the time it takes to complete a cycle. In short, successfully
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11. 1.0 Executive Summary
Climate change has been a major topic of debate in the UK over the recent years. The need to reduce the impact of CO2 and other Green House Gases
(GHG) on the environment has pushed the UK Government to enact legislations (e.g. Climate Change Act 2008) and impose strict regulations on
businesses to reduce emissions. These actions have forced businesses across a wide range of industrial sectors to rethink and rework their strategies of
utilising energy, transport and land in an efficient manner, which in turn has lead to innovative and at the same time simple yet effective methods to
reduce carbon emissions.
The purpose of this report is to explain in brief to the Senior Management of a hypothetical supply chain...show more content...
According to Lee (2011), sourcing from suppliers have an indirect effect on the carbon footprint of the supply chain (See Figure 1) , and companies
like Marks and Spencer (M&S) and Tesco have managed relatively well to reduce their indirect carbon footprint.
M&S, one of UK's leading retailers has a very successful sustainability plan called Plan A. Under Plan A, the company has 180 commitments for
sustainability out of which 49 commitments involve partnering with suppliers to reduce indirect carbon emissions and develop best practices (M&S
2012 Plan A Report).
Figure 1: Direct vs indirect effects of carbon footprint in the supply chain Source: Lee, 2011
M&S is encouraging its top 100 clothing suppliers to install energy efficient lighting, insulation and temperature controls, to reduce their energy
usage by an estimated 10 % by 2015. Already 17 of its suppliers have achieved their targets and the rest are underway. M&S food division sources
hundred per cent of its meat, fish ,egg and milk needs from the UK and Republic of Ireland reducing the need for imports. M&S worked closely with
Carbon Trust (A world leading consultancy helping businesses, government and public sector to reduce carbon emissions) to identify bottlenecks in its
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12. The Sources of English Law Essay example
The Sources of English Law In UK there are three main sources of English law, Legislation (Statue Law), Common Law (Judgeāmade Law) and the
European Communities law. English Law was historically based on customs and social traditions. Today Custom Law is a part of Common Law,
notably being in cases where there was no judicial precedent but which were known to exist since time memorial (i.e. since 1189). Many of these laws
such as the Fisherman's Case (1894) 2 East PC 661( http://wilmington.butterworths.co.uk/citatorā0
/Citator.ASP?WCI=tmpSearch&WCE=Form&WCU=) in criminal law and Beckett Ltd v. Lyons [1967] 1 All ER 833 the law of user in Land Law are
still good law. Custom law can still be used...show more content...
Parliament can delegate the power to legislate to various bodies such as local authorities, the Crown and ministers. Delegated legislation has same
legal force and effect as the Act of Parliament. The advantages of delegated legislation are: time saving, access to particular expertise and,
flexibility. On the other hand it can be a disadvantage due to lack of accountability and effective scrutiny as it can erode the constitutional powers
of the Parliament. Another major source of law comes from judges deciding cases before them, also referred to as Case Law. Judges use various
rules to interpret legislation and the intention of the Parliament. For example, in the case of Royal College of Nursing v. DHSS [1981] 1 All ER
545, three judges gave their judgment using the mischief rule and two judges used the literal rule to interpret the Abortion Act 1967, and the
intention of the Parliament (173 and 174 Slapper G. and Kelly D. The English Legal System (5th Edition), (2001) Cavendish Publishing Ltd,
London, Sydney). One example of when judges have actually made new law is the case of R v. R [1994] 4 All ER 48 decided in the House of Lords.
The court reāinterpreted the legislation so that a husband could be found guilty of raping his wife. 'Stare decisis' or binding precedent is at the heart
of the English legal system and case law is particularly dependent on it. It refers to
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13. Arguments Against Juries
Arguments For and Against Juries
The right to a trial by jury is a tradition that goes right to the heart of the British legal system. It is a right fiercely fought for, and fiercely defended at
those times when its powers have been seen to be under threat ā as those backing reforms are finding. The tradition of being "tried by a jury of ones
peers" probably has its origins in Anglo Saxon custom, which dictated that an accused man could be acquitted if enough people came forward to
swear his innocence. Trial by jury was first enshrined in law in what has been seen as the world's first proclamation of human rights ā the Magna
Carter. The document, decreed in 1215 by King John after a rebellion by...show more content...
Minor offences, such as drunkenness, could only be tried by magistrates, and major offences, such as murder and rape, only by jury. The government
now wants to limit the number of cases which are "triable either way".
There have been many debates throughout time about the effectivness of juries. SWR worldwide was commisioned by The Bar Council and The
Law Society to conduct research of 903 members of the public aged between 18 and over across England. The findings were as follows;
[IMAGE]
The above chart shows a clear agreement of the general public on juries and the trust they show in their abilities. Similarly the research showed that the
public has more faith in police and juries than others in the justice system.
ŠĀ· Respondents are most likely to have confidence in the police (81%) and juries (80%) than in other players in the justice system.
ŠĀ· Most think a jury of 12 individuals rather than a judge and two magistrates would be more likely to reflect their own (73%) and society at large's
(80%) views and values.
ŠĀ· In fact, two thirds (64%) say that, should they appear as a defendant in court, they would prefer to have a jury of their peers rather than a judge and
two magistrates or a judge alone decide their case.
14. However, the same people that make the argument against juries may criticise those who
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15. The United Kingdom Public Law Essay
The United Kingdom Public Law United Kingdom Public Law Public law is the section of law that governs the relationship between individuals and
the government and other relationships between individuals, which directly concern the society. It comprises of constitutional law, tax law, criminal
law and administrative law. In public law, compulsory rules prevail. Freedom of speech is the notion of publicly voicing one's view without the fear
of being punished or censored. In the UK, the freedom of speech is a philosophy of great importance. This is either because freedom of speech is one
of the basic human rights or because in Europe it is the social consensus. In Europe, the expression of opinion, including expression through...show
more content...
Whether peaceful or not, demonstrations and the use of lethal force should be prevented (Muller, 2004). In An Introduction to the Study of the Law,
Dicey (2008) stated that the constitution hardly recognized any specific right of public meetings. In Duncan v. Jones (1936), Lord Hewart ruled that
the law did not recognize any special right of public meetings either for political or other purposes. Ezelin v France is a relevant law case from the
ECHR, which requires a balance between positive protection and the need to keep peace. It was noted that the freedom to participate in approved
peaceful assemblies, was important and could not be restricted as long as the person concerned did not commit any reprehensible acts in such
occasions. The duty to ensure that demonstrations proceed peacefully lies squarely on member states to take reasonable and appropriate measures
(Hayek, 1978). The duty of the states requires the police protect one group to another but the protection may be unauthorized if the demonstration is
unlawful and unothorised as in Ziliberberg, or if the conduct is such that it disturbs public peace. The HRA gives domestic effects to the European
convention. It does not prevent the passing of a statute that restricts street demonstrations by the parliament, and it does not provide for the courts to do
more than make a
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16. Introduction The English Legal System (ELS), also known as English Common Law, is split into two sections; Civil and Criminal Law. English
Common Law originates from King Henry II, he instructed London based judges to travel around the UK and make decisions in the King's name.
These decisions would be based on local customs, the judges would meet in London and discuss theses customs and in time they decided to use the best
ones. These customs were known as Common Customs; hence the name Common Law.
Different Types of ADR and their Advantages & Disadvantages
Resolving issues in court with Judges and Juries costs time and money. To prevent cases from reaching this stage there is a process called Alternative
Dispute Resolution (ADR). ADR is a collection of different mechanisms that are used to resolve small cases; for example, boundary disputes and
leasehold agreements. The main mechanisms are; Arbitration, Mediation, Conciliation, and Ombudsman. However, there is also Early Neutral
Evaluation, Expert Determination, MedāArb, Neutral Fact Finding, and Utility Regulators. In this part of the essay, I'm going to focus on the main
four mechanisms (The English Legal System, 18 ed, G.Slapper & D.Kelly). The 1999 Civil Procedure Rules allow judges to pause a court hearing in
order for the parties to try and solve their dispute using ADR methods (The English Legal System, J.Martin 2016). Courts try to encourage parties to
do this for a number of reasons. Two of these
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17. The Uk 's Climate Policy Essay
Introduction
There has been significant movement to the UK's climate policy in the last decade. The UK has adopted various policies and instruments to mitigate
and adapt to climate change. The recent legislation to tackle climate change in the UK, is successful in itself. This is compared to the international
community who have failed to create a fully legally binding document. However climate policy in the UK has not been a resounding success; there is
not a wide enough range of active policies and instruments. In addition, the current policies need to remain consistent and extend their applicability to
gain success.
Brief History of UK Climate Policy
The UNFCCC was established in 1994 to address climate change at an international level. Since then, the parties to the convention (including the EU)
meet annually in Conferences of the Parties. The Kyoto Protocol (1997) set an obligation for developed countries to lower greenhouse gas (GHG)
emissions, through setting national targets, using 1990 as a base level. The UK has been one of only a few countries to comply with the international
obligation and has reduced GHG emissions since 1990.
The Climate Change Act is the first UK legislation to solely address climate change. It focuses on mitigating climate change, using energy more
efficiently; and adapting to risks such as floods. This act set the UK with a longāterm emissions reduction target of at least 80% lower than the 1990
baseline by 2050. Carbon budgets are set by the
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18. How Effective Is Separation Of Power In The UK?
Introduction
Argument 1
The social composition of the judiciary doesn't matter, judiciary operates under parliament. Parliament is under control
Separation Of Powers
Under the British constitution, parliament is sovereign. This means, amongst other things, that Parliament has a monopoly on making and amending
laws. The British constitution, and the three functions of government which operate it often falls short of creating a definitive separation. Separation of
powers refers to the idea that the major institutions of government should function independent of each other, in a utopian world there should aim to be
a balance between the Crown and Parliament. In practice however, separation between the executive and legislature is near enough nonāexistent, an
example being that government is made up almost entirely of MPs. Contrast this with the USA where no member of Obama's government is equally a
member of congress. However, the USA does have a codified constitution, a constitution written to delegate a clear separation of power. As we are well
aware the UK doesn't have such a constitution, the rules that...show more content...
The literal rule is the traditional English approach, if a court follows the literal rule they are complying with the exact words of parliament, thereby
upholding the key constitutional principle of parliamentary sovereignty which says the courts cannot challenge what parliament has passed. The
purposive approach however seeks to get away from the artificial consideration of language and to instead seek to find the purpose behind the act.
However, it does not fit well with the idea of parliamentary sovereignty. The courts have the ability to say what they think Parliament meant rather than
just applying the words of an
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19. What Law Means To Me Essay
Law simply underlies our societies, it protects our rights, imposes duties on each of us, and establishes a framework for the conduct of almost
every social, political, and economic activity. The punishment of crime, compensation of the injured, and the enforcement of contracts are merely
some of the tasks of a modern legal system. It also strives to achieve justice, promote freedom, and protect our security. Law affects our everyday
lives and impacts on almost every aspect of society, it gives innovative aspects of Law providing a valuable opportunity to develop more versatile
skills and perspectives whilst achieving an honour degree, and will equip me with a broad foundation in legal principles, allowing me to progress into
a career specialising in areas such as...show more content...
In my opinion, this definition of Law could not be any clearer. However, many people still see the need to ignore these rules; whether by committing
crimes and breaking the law or behaving in a deviant manner, but sure enough, I know since been a child, looking up to lawāenforcers such as police
officers has made me believe that Law is the backbone of our society, without it, everyday life would not be tolerable. Over centuries, Law has
matured and has come to a stage where it provides and reinforces the greatest security and protecting it with all possible means as it can be.
Although I didn't study Law as one of my subjects at school, but I do thoroughly enjoy reading about it online whenever possible and conversing
about its important place in building societies, which is why I feel so eager to have my dream come true by studying Law at your most prestigious
university, and nothing could be any better than studying Law at one of its most amazing establishments, The great UK, it literary means, ''I'm over the
moon'' by accepting me as one of your most dedicated students whom you will make you forever
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20. Parliamentary sovereignty and the rule of law are both concepts that are key to shaping the British constitution, however there is ambiguity as to which
concept is the heart of the UK's constitutional arrangement in the recent years.
Britain, to begin with, has no written constitution due to the country's own constitutional structure's stability. It remains uncodified, yet it's legal
sources stem from Acts of parliament, European Union law, equity and common law,. Therefore the varying powers of parliamentarysovereignty and
the rule of law will be considered against these sources.
Parliamentary sovereignty has no set definition, but in Dicey's view it meant that parliament is the supreme law making body, able to amend or repeal
any legislation it wishes without its legal validity being questioned by any other body, including the executive or judicial bodies. It also cannot bind the
preceding parliament or the future parliament.
To consider each principles power and their own basis within the British constitution, the rule of law needs to be defined too, but this is somewhat
harder to do as it has no set definition. Different theories have attempted to define it though, and most agree with the Diceyan definition.It states that
the rule of law contains three core elements ā one, the law is absolutely supreme, two, everyone is equal before the law, and three, the Constitution may
be found in the ordinary laws of the state.
This springs up some immediate problems ā it could
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21. Unit 2 Stimulus ā The Judiciary
1a) With reference to the source, describe the measures that exist to maintain the independence and neutrality of the judiciary.
The independence of the judiciary from the executive and legislative is said to kept by things like their fixed salaries and sub judice rule. Their
salaries 'are paid from the Consolidated Fund' and aren't fixed or changeable by Parliament or the government which keeps the judiciary free from
political pressure in terms of finance. The sub judice rule is where the MPs in the House of Commons are unable to comment on current or pending
cases. This keeps the judiciary free from political interference and prevents prejudice against judicial decisions. This rule is followed by...show more
content...
It was, therefore, seen as a breach of judicial independence. However following the creation of the Supreme Court in 2009, senior judges no longer sit
in the House of Lords which means are free of political influence and decision making ā and in effect ā from the legislature as they can speak out
against the government.
1c) To what extent are UK judges both independent and neutral?
Judicial independence is based on the freedom of the judiciary from the interference by the two by the two other branches of government: the
executive and legislature, in its activities, as well as freedom from pressure exerted by the media or public opinion. Judicial neutrality is the absence
of bias in the judiciary for example; religious, social, gender, political or racial bias. UK judges are generally seen to possess both independent and
neutral qualities. They are independent and neutral to a large extent as the Constitutional Reform Act in 2005 has increased their independence and
existing measures such as security of their job and salary, as well as sub judice rule, the growth of judicial review and increased European influence
maintains existing independence. Neutrality is increasing the judiciary as its social representation is improving and the biased attitudes of judges
towards national security have been changing. However independence and neutrality is still limited as there have been biased judgements against
certain social groups, biased judgments in favour of national
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22. Five Key Principles Of Management
Develop a list of about five to eight key principles that management should follow to achieve what the author calls supply chain nirvana. In essence,
serve as a supply chain consultant to top management of a firm which has definitely NOT achieved supply chain nirvana. Briefly explain the logic
underlying each principle and, if relevant for a given principle, explain why many firms tend to violate that principle or fail to implement it
successfully. Perhaps you are familiar with a particular firm. If so then select those five to eight principles that you, as a consultant would recommend
the firm focus most intensely on, why, and what they should do initially.
In order to reach supply chain "nirvana" several principles should be considered and followed. While these principles are not a "be all, end all" they
will help guide the management to achieve an efficient and sustainable supply chain.
1.Establish a governing body or board that directs the supply chain functions. The board should include the head of supply chain organization, as well
as key members throughout the organization to include executive leadership, SBU managers, and leadership in different sections of the supply chain.
The purpose of the board is to proactively design, create initiatives, and align the supply chain with the business strategy. Having leadership included
from outside of the direct supply chain hierarchy generally removes the tendency for the supply chain strategy to develop apart from the
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