The Great Repeal Bill

“Some lawyers have been attracted to the argument that the union legislation placed constraints on the power of the UK Parliament to legislate, and that the UK Parliament might be unable to alter at least its most important terms. While there are powerful arguments against this view, - it continues to have its supporters. It famously received some judicial support from Lord Cooper in MacCormick v Lord Advocate, and has been referred to in several subsequent cases. However, there has been no case in which a Scottish court has questioned the validity of an Act of Parliament on these grounds. Indeed, whether an Act of the UK Parliament is compatible with the union legislation was treated as, in principle, a non-justiciable issue in MacCormick. However, supporters of the argument have taken comfort from the fact that in MacCormick, Gibson and Pringle Scottish judges reserved their opinion on what would be the case if legislation purported to amend 'fundamental provisions', for example, by abolishing the Church of Scotland or the Court of Session, or by replacing the Scottish system of private law with English

A secondary way in which parliamentary sovereignty in the UK can be seen to be moving is though the introduction of devolution which is challenging the UK parliament’s sovereignty. The UK is a unitary state, so only one body can in theory

As a Canadian in today’s society we believe we have a certain set of inalienable rights. One of those rights that seem to be at the forefront of the 2015 Canadian election is privacy. As Dr. Kent Roach and Dr. Craig Forcese state, “privacy is, in our society, the right to be left alone by the state.” The Conservative upbringing of Bill C-51 challenges the ideology around our right to be private, as well as our government’s role in the protection of Canada from threats of terrorism. The Harper government essentially, will increase their role in national security to keep a constant watchful eye on potentially harmful situations and end them before anyone is hurt or killed. If passed, the bill would allow the government to arrest anyone suspected of terrorism without that person even committing a crime. Furthermore, the language used in the bill is extremely vague and makes one question, where the line will be drawn? Will our basic rights to peaceful protest and free speech be affected? Unfortunately perhaps they will. One of the most concerning parts of the bill in regard to privacy is the fact that the government will now be able to access several sensitive documents about citizens from top agencies such as the Public Health Agency, Canadian Border Services Agency as well as the Canadian Border Services Agency. Privacy is changing in Canada. This is a landmark bill and as such it is creating quite a splash in the ongoing Canadian Election.

The First Reconstruction Act, also known as the Military Reconstruction Act, passed into law on March 2, 1867 over the veto of President Andrew Johnson. The act applied to all the ex-Confederate states in the South, except Tennessee who had already ratified the Fourteenth Amendment. The failure of Reconstruction brought social and economic equality of opportunity to the former slaves in 1865-1877. Due to the after effects of the Reconstruction, America was weak and as time passed, riots and violence occurred in place.

Originally believed to have been established as far back as the year 1235, Scotland has had its own parliament. Originally being made up of what would have been known as a king’s council which included earls, nobles and general people of wealth and power. For centuries this parliament made decisions in Scotland over things such as taxation, the law, justice and many other areas. This did not last forever however as after many years the Treaty of the Union was introduced in 1707. This was essentially the agreement between Scotland and England to establish Westminster as the main political hub of power at Westminster in London and after the Scottish Parliament being effectively dissolved on the 28th of April 1707 what is now known

We do not deserve this horrible document. My family and all others have had to change the way they live their lives because of this. We are against Parliament’s decision because of all of the pain it has caused. As strange as it sounds, I have heard rumors some people would go as far to separate from England completely. How shocking! I could not even imagine being our own independent country. All most of us are angry with is taxation without representation. I am hoping that we can overcome our troubles and survive

Scottish Independence - Good or Bad Scotland is at a turning point. The 300-year old Union is some say no longer fit for purpose. Some say it was never designed for the 21st century world and it is well past it's sell by date and is holding Scotland back. The Scottish people voted to move forward, with a new, more Scottish approach from an SNP government. But many oppose these views saying that Scotland needs the rest of the UK and that the economic and social problems caused by independence would be catastrophic to the relationships between Scotland and the rest of the UK. In any case the government has published a white paper setting out a vision of independence and responsibility in the modern world. But is this idea beneficial to our country?

Although complete sovereignty wasn’t lost over Scotland, the NO vote did cause parliament to devolve some power it held. This is not the first time sovereignty has been lost through Scottish referendums. In 1998 the Scottish parliament was re-established: The Scotland Act established what matters were to be devolved and what matters were to be reserved by Parliament. Devolved matters included health and social care (for example free nursing care for the elderly) and education (for example tuition fees). Reserved matters included defence, foreign policy and the constitution (the UK still controls Scottish independence, as it has the power to over-rule the referendums) Theoretically, Westminster could repeal the Scottish acts. This imbalance of power can cause some policy divergence, for example Scotland passed a law banning smoking in public places before the UK.

The Great Reform Act passed in 1832 was brought in due to a number of inside and outside pressures. For example, the fall of the Tories and the economic crisis of 1829-30. Britain pre 1832 was known as one of the most unrepresentative countries. English counties elected 82 MPs-only men who owned property worth over 40 shillings a year could elect these MPs (only the ruling classes.)Boroughs or towns elected 394 MPs-most voters were in southern England therefore new industrial cities such as Birmingham & Manchester had no MPs to represent them. There were rotten boroughs and pocket boroughs- corruption and bribery. In some areas there was no competition about who to elect the local

The centrepiece of Labour 's programme of constitutional reform was undoubtedly devolution. This was achieved with remarkably few problems. There now seems no likelihood that the new arrangements could be reversed, even by a Conservative administration. The election on 6 May 1999 of a Parliament in Scotland, with extensive powers of primary legislation as well as tax-raising, and an Assembly in Wales, with powers of secondary legislation only, will have a profound impact on governance within the UK. In

It is also important to consider the effect that the principle of subsidiarity can have on the central European Parliament, as it is required to only carry out “those tasks which cannot be performed effectivity at a more immediate or local level” . This importance of decisions being taken as closely as possible to the citizen, can be monitored through constant checks being made to verify that the higher EU level is legitimately required. After members of the European Parliament were granted the power to approve or reject legislation in 1979 , it was then established in Article 5 of the Treaty of Lisbon that member states must also be given the ability to repeal an adoptive legislative act. This is particularly regarding one of shared areas, to certify “the efficiency and democratic legitimacy of the union and to improve the coherence of its action” . There is also much concern that unless EU voters can “become more credible and legitimate in the eyes of the voter” , particular areas of the Union may begin to tangle.

Within the United Kingdom, a recurring issue has been raised regarding the political position of Scotland and how the Scottish Parliament could better govern the country. To establish whether the quality of life could be improved for the Scottish people, key events, devolution, and the Scottish Parliament must be evaluated and analysed. The argument for greater power in decision making and the ability to implement change for the citizens of Scotland, has been central to Scottish politics for some time.

In October 1974 is was held another elections and the SNP representation in the Parliament raised to 11 seats. The Labour Government became weaker and started to prepare the legal situation for the incoming Referendum. The Government failed in amend a bill for Scotland and Wales Devolution, but it was introduced a separate amendment which made necessary the 40% of the eligible Scottish electorate to vote “yes” for the effective devolution of powers, that was known as the Cunningham Amendment. The 1st of March of 1979 it was held a referendum and “Yes” won but with not enough representation to reach the 40% needed to start the Scottish devolution.

“Parliamentary sovereignty is no longer, if it ever was, absolute” (Lord Hope). Discuss with reference to at least three challenges to the doctrine of parliamentary sovereignty. Parliamentary sovereignty is the concept that Parliament has the power to repeal, amend or create any law it wishes and therefore no body in the UK can challenge its legal validity. There are many people who would argue that this is a key principle to the UK Constitution, on the other hand, there are those who strongly believe that this idea is one of the past, and that the idea of the UK Parliament being sovereign is false. One of these people is Lord Hope, who said “Parliamentary sovereignty is no longer, if it ever was, absolute”. During the last 50 years there have been a variety of developments that have proved to be a challenge for the legitimacy of parliamentary sovereignty, and the ones which will be examined in this essay are: the devolution of powers to the Scottish Parliament; The United Kingdom’s entry into the European Union in 1973; and finally the power of judicial review. Starting with the devolution of powers, these challenges will all be evaluated when discussing whether or not the doctrine of parliamentary sovereignty applies to the United Kingdom. Westminster’s sovereignty has been gradually diminishing over time as varying amounts of power have been devolved to Northern Ireland, Wales and Scotland. In this essay, the devolution of powers to the Scottish Parliament will be

The Act of Union of 1707 brought together the two independent nations of Scotland and England to create a new United Kingdom. This new Kingdom in the opinion of the English ensured political and military stability on the Island of Great Britain, neutralizing the Scottish MP’s by absorbing them into the Westminster system.