Pros And Cons Of Sui Generis

According to the Constitution, an amendment may be proposed and be presented, where it is put to a two thirds majority vote in both the House of Representatives and the Senate. The original article is then forwarded for processing and

In the Common Law, if any change is made it would prompt dismissal or counter

Section 128 prescribes that changes can only be implemented by referendum. To hold a referendum a Bill needs to be passed through the Commonwealth Parliament to authorize it. Once authorized, a majority of votes, as well as a majority of States is required. This dual criterion has proven difficult to achieve, with only eight referendums being successful since Federation. (Brown et.al 2000, p.p. 68-69 and Chisholm et.al 1997, p.64)

Firstly, we will consider the customary character of the introductory phase and sub-paragraph (a) of paragraph 1. The customary character of the introductory phase and sub para 1 (a) was never in question, both State practice and opinion juris clearly show that these initiatives had a lege ferenda character. Furthermore, subsequent practice also confirmed the customary character of the provision. However, with regard to the customary character of paragraph 1 (b) and 2 there exist several controversies. It was only introduced at the last moment, as an amendment by the UK and had been adopted by a very narrow margin. Paragraph 1 (b) of Article 56 states that certain treaties by their “nature” contain implied denunciation clauses but it does indicate which those treaties are. As a result, in order to identify these categories of treaties which is the raison d’etre, of subpara. 1(b), one turns to custom. Hence, the existence is customary law of a single category of treaties of this nature would suffice to show the customary character of 1(b). Therefore, Article 56(1) does show customary character of

The representative lawyer consider that the agreement is not valid because it was signed by people who was appointed by the colonial authorities and it is not involved the community voices. The solution can be simple if the court agree with him but if not this problem can last years in order to reach the final decision.

The legislative power shall be vested by the people with decision brought about by vote.

(i) House of Lords suspended the operation of an Act of Parliament where the Act was in conflict with EU law

The policy or bill may be reviewed by one or more committee depending on what is being proposed. Any policy or bill being presented must come from the legislature. Boundless (n.d.) notes that during the second reading the merits of the policy or bill are considered and the results are reported back to the legislature where further amendments to the original presentation will be made if necessary. Once all changes have been made and the bill or policy is approved by the legislature then it may need to go up to the Executive for final approval before becoming a law. If it is vetoed the legislature does have the power to override the veto by what is called supermajority (Boundless, n.d.). The proposed policy or bill can be rejected by any branch along the process and many proposed bills and policies end up being rejected as not meeting one or more requirements along the way.

The question of whether a certain law is to be authorised by s51(vi) is a question that must be determined by the courts. The separation of powers as set out in the Constitution means that neither the legislature nor the executive can pre-empt the judicial function by purporting to determine the constitutional question in advance. Evidence of the beliefs and intentions of the legislature or executive may help to answer the

The legislative process starts first with an idea. This idea might be from the public, or from government officials. This idea is then turned into a bill, and introduced by a representative to a committee for review. The bill is given a number and is referred to the appropriate committee. If the committee decides the bill should go on further in the process then it continues to a hearing to be voted on, debated or amended. At any point the bill can be killed, and is no longer up for review. If the bill should pass it is then brought to the House or Senate for further review. The bill must be voted by the simple majority ‘(218 of 435)’, and if this occurs it is moved onto the Senate. In the Senate, the bill is assigned to another committee and,

The reason for the established revision process is the Congress, when-ether 66% of the two houses might consider it vital, should reason alteration to this constitution, or on the utilization of the assemblies of 66% of the few states, might tradition for proposing Amendments.

There is a process that creates an act of legislation. At first a proposal called the green papers which are discussion documents are published. It is just an unofficial outline of the ideas made for the bill. This is open for public discussion where the publics are allowed to comment upon it. Then white papers are published which outlines and presents the government’s ideas for the future policy. When the cabinet ministers agree to take the proposal forward, they will be sent to the parliament.

Under Art. 267, only ‘court or tribunal’ of a member state may initiate preliminary reference to the ECJ, however through succeeding case law this has been expanded by allowing entities whose members may not be judges, ‘provided that those entities have the power to adjudicate disputes’12. This concept of a court or tribunal has been interpreted widely as it is a matter of union law13. The Advocate-General in De Coster14 criticised the court’s approach and criteria to the interpretation as he deemed it confusing. The court in this instance accepted the reference, as ‘it was a permanent body established in law, that it gives legal rulings and that the jurisdiction is compulsory’15. The court in further cases has treated tribunals as not only tax appeal like in the case above but also; customs, social security and immigration.

The legislative process represented a fair mix of programmed and non-programmed part. The process of draft formation was non-programmed, as any new issue had to be raised by one of the components of the union but the steps for the process couldn’t be generalized across the issues. There had been an attempt to bring a certain degree of certainty into the system by making the acceptance of council and parliamentary appeals binding on the commission.

The proposal will then be returned back to the Commission for consideration of the amendments suggested after which it forwards the amended proposal to the Council which may amend it further or accept the amended proposal unanimously. Matters that go through the consultation process are: police and judicial cooperation in criminal matters, revision of treaties, tax arrangements, economic policy, agriculture, discrimination instances, transport, competition rules, visas, immigration and asylum cases, enhanced cooperation and European Union citizenship .