The Case Of Barnard V National Dock Labour Board

The National Labor Relations Act (NLRA), also known as the Wagner Act, was enacted in Congress in 1935 and became one of the most important legacies of the New Deal. Prior to the passage of the NLRA, employers had been free to spy on, interrogate, discipline, discharge, and blacklist union members. Reversing years of federal opposition, the statute guaranteed the right of employees to organize labor unions, to engage in collective bargaining, and to take part in strikes. The act also created a National Labor Relations Board (NLRB) to arbitrate deadlocked labor-management disputes, guarantee democratic union elections, and penalize unfair labor practices by employers. The law applied to all employees involved in the interstate

This article talked about the general things of the National Labor Union back in the 1800’s. It mostly talked about the negative effects of the NLU such as exclusion of women, racial prejudice, and failing to enforce the eight-hour labor law. The article did mention about groups of skilled, unskilled, and farmers were unable to share and participate in united political views unless they were intensely focused on labor union. After William Sylvis death in 1869, the NLU suffered politically and dealt with the Depression of 1873, where the NLU finally collapsed.

Delegation is a formal process through which a regulated health professional (delegator) who has the authority and competence to perform a procedure under one of the controlled acts delegates the performance of that procedure to another individual (delegatee) (College of Nurses of Ontario, 2014).

Nevertheless, some critics argue that the judidicary, some critics argue that the judiciary are the final arbiters of what is meant by the principle of separation of powers, which therefore provides the judiciary with subordinate levels of power. Moreover Chief Justice Hughes concluding that the ‘Constitution is what the judges say it is’ due to ability to interpret the constitution. In America, although Congress may new laws affecting courts, ultimately judges decide.

The Australian Constitution is a rich amalgam of various classical political principles. The concepts of the Rule of Law and the doctrine of the Separation of Powers evident in Montesquieu’s Spirit of the Laws are both salient examples of political theses that are central to Australian Constitutional Law. The structure of the Constitution itself and decisions of the High Court of Australia unequivocally validate the entrenchment of the doctrine separation of powers in the Commonwealth Constitution . In particular, the High Court has applied this with relative rigour with respect to the separation of judicial power. The separation of the judicial power is fundamentally critical to upholding the rule of law. The High Court in Wilson v Minister for Aboriginal Affairs noted that “the separation of the judicial function…advances two constitutional objectives: the guarantee of liberty and, to that end, the independence of Chapter III judges” . Kitto J in R v Davidson also identified that the judiciary should be subject to no other authority but the law itself . This is a critical aspect ensuring the concept of legal equality is upheld. Therefore, its role clearly extends to providing checks and balances on the exercise of power by the legislative and executive arms of government . This ensures the liberty of the law and limits the abuse of the judicial system. Judicial Power is defined as “the power which every sovereign must of necessity have to decide between its subjects

But there is an irony in that. The Court’s strength lies in its own independence as a result of the people’s trust. Although judicial review is the source of the Court’s authority, it is also a guaranteed way to lose the trust of the people. This is Roberts’ dilemma regarding judicial review.

There have been many complaints and theories of how the Supreme Court has a tendency to act as a "supra-legislature" (Woll 153). It is proposed that the Supreme Court takes the

The ability for the federal government to regulate businesses’ activity is given in the Constitution. Article 1, Section 8 is known as the commerce clause; it states, “Congress shall have the Power…to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes” (Reed, 173). Through the commerce clause, the government is able to regulate business activity by the use of administrative agencies, which is defined as “a governmental regulatory body that controls and supervises a particular activity or area of public interest and administers and enforces a particular body of law related to that activity or interest” (Administrative Agency, 1). There are two types of regulatory authority that agencies may

Facts of the case: Imagine you are an HR manager and your boss and owner of the company, Bill, comes to you suspecting his assistant, Paige, is stealing money from the company. Bill would like a polygraph test conducted to see if Paige is stealing from the company. He would also like you to conduct electronic surveillance on Paige’s work e-mail for anything suspicious.

first look at the validity of the court and of the entity of authority itself.

The statutory claim for unfair dismissal recognises that the common law cannot give adequate protection to the employees through the contract of employment, in that wrongful dismissal claim depends upon a breach of contract of the employment, usually in the form of inadequate notice being given by the employer. Many dismissals can be considered unfair that do not amount to the breach of the contract, for the wrongful dismissal claims look not to intention, motive, or the effect on an employee of a termination of the relationship nor to the procedural protections, but merely to the form of in which that relationship has been brought to the end. This paper will compare and contrast the different area between wrongful dismissal and unfair dismissal.

After the abolition of slavery, the resentment which former slaves felt at their exploitation and the low wages plantation managers were prepared to pay, (which were below what a family could live on), turned the former plantation workers against work in agriculture. This refusal to continue to work on the plantations became, in an industrial relations context, the first "withdrawal of labour" or strike action. Eaton (2002) purports that the industrial relations response by the state, which was coeval with the mercantile class, co-operated in defeating the workers' protest action by

The employment status has always been lying on the heart of the UK labour law. It is the most fundamental jurisdictional point as the status of an individual is very significant for legal and financial reasons. Most importantly the status of an employee will enable one to enjoy the statutory protections rights but not for the independent contractors.

Some judges in their obiter dicta have declared their inclination to disregard the Parliament’s legislative objectives, and therefore limit parliamentary sovereignty if the rule of law is vulnerable or if the circumstances demand “a principle established on a different hypothesis of constitutionalism” . They have also suggested that, while the British Constitution is dominated by parliamentary sovereignty, “The rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based” . This represents a possibility of stretching the dominance of the rule of law in constitutional law so that it becomes more powerful than parliamentary sovereignty in the British Constitution .

What is delegation? According to Bateman, delegation "is the assignment of authority and responsibility to a subordinate at a lower level." (Bateman