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English Legal System – an Overview
1 English legal system – an overview Learning objectives By the end of this chapter you should: • appreciate the characteristics of law; • be able to identify sources of law and explain the different processes of law- making; • understand the various meanings of the term common law; • know in outline the structure, composition, and jurisdiction of the courts; • be able to explain the impact of membership of the European Union and the European Convention on Human Rights; and • have an overview of the bodies and personnel of the law. Introduction The study of the English legal system involves two different, but related processes. First, as a law student, you must learn a large body of factual material about the fundamental concepts of law, the sources of English law, and the institutions and the personnel of the law. You will encounter the material in this chapter during your study of the English legal system but you will fi nd that the material also underpins an understanding of other substantive modules, such as Contract, Tort, and Criminal law. This information contains the ‘basic tools’ that a law student needs to start to understand law and how it operates. Second, such knowledge is essential to the next process which involves a critical evaluation of the operation of law and its institutions; it is one thing to say what the law is, but quite another to explain if the law or an institution is operating effect- ively. A sound knowledge base is needed to found critical studies of the legal system or of the ‘law in action’. -
Ifaw-Trail-Of-Lies-Full-Report.Pdf
Trail of Lies Report on the role of trail hunting in preventing successful prosecutions against illegal hunters in the UK By Jordi Casamitjana Table of Contents 1. EXECUTIVE SUMMARY ..................................................................................................................................5 2. INTRODUCTION ............................................................................................................................................8 2.1. Hunting with dogs.................................................................................................................................8 2.1.1. A typical foxhunting day ............................................................................................................ 11 2.1.2. Cub hunting ............................................................................................................................... 16 2.1.3. Hunting roles ............................................................................................................................. 18 2.2. Drag hunting and bloodhounds hunting ........................................................................................... 22 2.3. The hunting ban ................................................................................................................................. 30 2.4. Enforcement of the hunting ban ....................................................................................................... 36 2.5. The NGOs’ role in the enforcement of the ban ................................................................................ -
Amending the Hunting Act 2004
BRIEFING PAPER Number 6853, 13 July 2015 Amending the Hunting By Elena Ares Act 2004 Inside: 1. The Hunting Act 2. Proposals to amend the Act 3. Reactions to the proposals www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary Number 6853, 13 July 2015 2 Contents Summary 3 1. The Hunting Act 4 1.1 The legislation in practice 4 England and Wales 4 Scotland 6 1.2 Public opinion on fox hunting 7 2. Proposals to amend the Act 7 2.1 Procedure to amend the Act 8 2.2 July 2015 announcement 8 2.3 Proposed amendments to Schedule 1 9 Passage through Parliament 9 3. Reactions to the proposals 11 Contributing Authors: Author, Subject, Section of document Cover page image copyright: Chamber-051 by UK Parliament image. Licensed under CC BY 2.0 / image cropped. 3 Amending the Hunting Act 2004 Summary Hunting with dogs was banned in England in 2004 under The Hunting Act. The legislation includes several exemptions which allow the use of a maximum of two dogs for certain hunting activities, including stalking and flushing. The exemptions under the Act can be amended using a statutory instrument with the approval of both Houses. The Conservative Government included a manifesto commitment to repeal the Hunting Act. However, in July 2015 the Government announced that it intended to amend the legislation to remove the limit on the number of dogs, and instead replace it with a requirement that the number of dogs used is appropriate to the terrain and any other relevant circumstance. -
Download PDF on Financial Privilege
Report Financial Privilege The Undoubted and Sole Right of the Commons? Sir Malcolm Jack KCB PhD FSA Richard Reid PhD FINANCIAL PRIVILEGE THE UNDOUBTED AND SOLE RIGHT OF THE COMMONS? By Sir Malcolm Jack KCB PhD FSA and Richard Reid PhD Acknowlegements The authors thank The Constitution Society for commissioning and publishing this paper. First published in Great Britain in 2016 by The Constitution Society Top Floor, 61 Petty France London SW1H 9EU www.consoc.org.uk © The Constitution Society ISBN: 978-0-9954703-0-9 © Malcolm Jack and Richard Reid 2016. All rights reserved. Without limiting the rights under copyright reserved above, no part of this publication may be reproduced, stored or introduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise), without the prior written permission of both the copyright owner and the publisher of this book. FINANCIAL PRIVILEGE 3 Contents Acknowlegements 2 About the Authors 4 Summary 5 PART 1 Conventions in Respect of Financial Privilege 6 PART 2 Parliament Acts 19 PART 3 Handling of Bills with Financial Provisions 30 PART 4 Secondary Legislation 41 PART 5 The Strathclyde Review 51 Appendix 1 Parliament Act 1911 62 Appendix 2 Parliament Act 1949 67 4 FINANCIAL PRIVILEGE About the Authors Sir Malcolm Jack was Clerk of the House of Commons from 2006–2011. He is editor of the current, twenty-fourth edition of Erskine May’s Parliamentary Practice, 2011. He lectures and writes on constitutional and historical subjects, having published widely on the history of ideas as well as on aspects of British, European and South African history. -
Redefining Parliamentary Sovereignty: the Example of the Devolution Referenda by Eleonora Harris *
ISSN: 2036-5438 Redefining Parliamentary Sovereignty: the example of the devolution referenda by Eleonora Harris * Perspectives on Federalism, Vol. 3, issue 3, 2011 Except where otherwise noted content on this site is licensed under a Creative Commons 2.5 Italy License E - 94 Abstract The goal of this paper is to draw attention to a critical issue regarding the decline in the traditional doctrine of Parliamentary sovereignty in the United Kingdom. Devolution has proven to be a serious threat to Westminster’s supremacy in view of the fact that until now it has evolved with a degree of complexity that the original proponents had scarcely imagined. One of the most peculiar examples of this evolution is the extent to which the referendum has been used to put forward major constitutional changes in this new order. In that regard, this paper, which is divided into two parts, retraces the crucial points of Dicey’s reasoning and then attempts to verify what the devolution process has entailed for the referendum within the United Kingdom’s constitutional framework, up to the latest developments. Key-words Parliamentary sovereignty, United Kingdom, Devolution, Referenda, Dicey Except where otherwise noted content on this site is licensed under a Creative Commons 2.5 Italy License E - 95 1.1 The Diceyan Theory of Parliamentary Sovereignty Dicey defines Parliamentary sovereignty as the legal right of the British Parliament, under the Constitution, to make or unmake any law and do so without the possibility of its decisions being overridden or set aside by another body or personI. In order to explain the workings of the Constitution from this particular point of view, the author cites the 1716 Septennial ActII as a perfect example, both in theory and practice, since by enacting this particular law Parliament did something which was perceived, even at the time, as a deviation from the most basic principles of the British Constitution. -
R V ADAMS, Appeal Against Conviction. Unreported, Cambridge Crown Court, 9 May 2019
R v ADAMS, appeal against conviction. Unreported, Cambridge Crown Court, 9 May 2019. Hunting Act 2004; exempt hunting under Schedule 1; exemption under “flushing from cover for the purposes of falconry” Fox hunting has continued despite the Hunting Act 2004. There is a fairly small section of the population passionately in favour of hunting, with comparable section fiercely opposed to it, leaving a majority with a spectrum of views, perhaps tilting towards those who think it a distasteful activity, not worth reviving. Noticeably, Jeremy Hunt as a candidate for Conservative leadership this July, briefly favoured promising a further vote in Parliament, but soon backed off as he realised that it could cost him support within the Conservative party membership. Theresa May went into the 2017 election promising a further vote in the new parliament on whether to repeal the Hunting Act but in the event, so certain was its defeat, there was no attempt to introduce such a bill. Fox hunts have none the less continued to meet despite the restrictions of the Hunting Act 2004. They have had make adaptions. Some have organised “drag hunts” – that is following a scent laid by pulling a bag over the ground for the hounds to follow. Other fox hunts spotted an exemption in the Hunting Act. Under the Act hunting a wild mammal with dogs is unlawful unless it is one of the exempt activities set out in Schedule 1. Para 6 of Schedule 1 provides: Flushing a wild mammal from cover is exempt hunting if undertaken– (a) For the purpose of enabling a bird of prey to hunt the wild mammal, and (b) (Is on land the hunter owns or where he has permission to hunt) Fox hunts have therefore gone out with a golden eagle or similar bird of prey ready for release, and claimed that what was actually going on was a form of falconry. -
40 Dogs to Kill a Fox: Amending the Hunting Act 2004 Gregory Gordon
40 dogs to kill a fox: Amending the Hunting Act 2004 Gregory Gordon, Guildhall Chambers If hunting is banned, I might as well leave the country and spend the rest of my life skiing.1 So said, it is reported, the heir to the throne. It must be frightening and confusing to find yourself on the wrong side of history just as the tides of social acceptability change against you. Opponents of the Hunting Act 2004 assured us it would destroy rural livelihoods, lead to the destruction of thousands of bloodhounds and overrun the countryside with foxes. Now that none of the above has come to pass, and public opinion remains firmly in favour of the Act, you would be forgiven for expecting that those who enjoy watching a pack of dogs tear a fox apart had nowhere left to turn. Not so. Free Vote As early as next Wednesday [15 July 2015] the Government plans to allow a free vote in the Commons to relax the law on hunting mammals with dogs. The Conservatives are not yet fulfilling their manifesto pledge to allow a vote on the full repeal of the Act, but may not need to if their deceptively dry proposed amendments are passed: the tortuously named Hunting Act (Exempt Hunting) (Amendment) Order 2015. Currently, only two dogs are permitted to “flush” a fox (who has, for fear of its life, taken cover underground) to the surface where the barrel of a gun awaits. The amendments would permit 40 hounds to do the job. Why? Are some burrows so cavernous that only 40 dogs could find a fox hidden therein? No. -
Section 2 of the Parliament Act 1911
SECTION 2 OF THE PARLIAMENT ACT 1911 This pamphlet is intended for members of the Office of the Parliamentary Counsel. References to Commons Standing Orders are to the Standing Orders of the House of Commons relating to Public Business of 1 May 2018 and the addenda up to 6 February 2019. References to Lords Standing Orders are to the Standing Orders of the House of Lords relating to Public Business of 18 May 2016. References to Erskine May are to Erskine May on Parliamentary Practice (25th edition, 2019). Office of the Parliamentary Counsel 11 July 2019 CONTENTS CHAPTER 1 INTRODUCTION General . 1 Text of section 2. 1 Uses of section 2 . 2 Role of First Parliamentary Counsel . 3 CHAPTER 2 APPLICATION OF SECTION 2 OF THE PARLIAMENT ACT 1911 Key requirements . 4 Bills to which section 2(1) applies . 4 Sending up to Lords in first Session . 6 Rejection by Lords in first Session . 7 Same Bill in second Session. 7 Passing Commons in second Session . 10 Sending up to Lords in second Session . 11 Rejection by Lords in second Session . 11 Commons directions . 14 Royal Assent . 14 CHAPTER 3 SUGGESTED AMENDMENTS Commons timing and procedure . 16 Function of the procedure . 17 Form of suggested amendment . 19 Lords duty to consider. 19 Procedure in Lords . 19 CHAPTER 4 OTHER PROCEDURAL ISSUES IN THE SECOND SESSION Procedure motions in Commons . 21 Money Resolutions . 23 Queen’s and Prince’s Consent . 23 To and Fro (or “ping-pong”) . 23 APPENDIX Jackson case: implied restrictions under section 2(1) . 25 —i— CHAPTER 1 INTRODUCTION General 1.1 The Parliament Acts 1911 and 1949 were passed to restrict the power of veto of the House of Lords over legislation.1 1.2 Section 1 of the 1911 Act is about securing Royal Assent to Money Bills to which the Lords have not consented. -
John F. Robins, Secretary, Animal Concern Advice Line (ACAL), C/O Animal Concern, Post Office Box 5178, Dumbarton G82 5YJ
E-MAIL FROM: John F. Robins, Secretary, Animal Concern Advice Line (ACAL), c/o Animal Concern, Post Office Box 5178, Dumbarton G82 5YJ. Tel 01389-841111. Mobile: 07721-605521. Animal Concern Advice Line (ACAL) is a recognised Scottish charity: No. SC030982. Animal Concern Advice Line was established in 2001 to take on the charitable work of Animal Concern which was founded as the Scottish Anti-Vivisection Society in 1876. E-MAIL: [email protected] Website: http://adviceaboutanimals.info To all ACAL Supporters, Hi, I hope that subject line got your attention. If you are on the e-mail lists of a few organisations you will have been inundated with requests to write to your MP and sign petitions calling on them to make a point of attending Parliament this coming Wednesday, July 15th, to vote against proposed amendments to the Hunting Act 2004. My e-mail to Scottish MPs (copied below) will explain why this is such a vitally important issue. If you live in England or Wales and have not written to your MP about this in the last two days please do so now telling them that you would like them to represent you in Parliament on Wednesday by voting against any and all proposed amendments to the Hunting Act 2004. If you live in Scotland and even if you have already written to your MP I’d like you to write again. All it needs is a short message saying something along the lines of: “I am a supporter of Animal Concern Advice Line (ACAL). -
Parliament Act 1911
Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Parliament Act 1911. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Parliament Act 1911 1911 CHAPTER 13 1 and 2 Geo 5 U.K. An Act to make provision with respect to the powers of the House of Lords in relation to those of the House of Commons, and to limit the duration of Parliament. [18th August 1911] Whereas it is expedient that provision should be made for regulating the relations between the two Houses of Parliament: And whereas it is intended to substitute for the House of Lords as it at present exists a Second Chamber constituted on a popular instead of hereditary basis, but such substitution cannot be immediately brought into operation: And whereas provision will require hereafter to be made by Parliament in a measure effecting such substitution for limiting and defining the powers of the new Second Chamber, but it is expedient to make such provision as in this Act appears for restricting the existing powers of the House of Lords: 1 Powers of House of Lords as to Money Bills. U.K. (1) If a Money Bill, having been passed by the House of Commons, and sent up to the House of Lords at least one month before the end of the session, is not passed by the House of Lords without amendment within one month after it is so sent up to that House, the Bill shall, unless the House of Commons direct to the contrary, be presented to His Majesty and become an Act of Parliament on the Royal Assent being signified, notwithstanding that the House of Lords have not consented to the Bill. -
PDF the Whole
Changes to legislation: There are currently no known outstanding effects for the Parliament Act 1949. (See end of Document for details) Parliament Act 1949 1949 CHAPTER 103 12 13 and 14 Geo 6 An Act to amend the Parliament Act 1911. [16th December 1949] Commencement Information I1 Act wholly in force at Royal Assent 1 Substitution of references to two sessions and one year for reference to three sessions and two years respectively. The M1Parliament Act, 1911, shall have effect, and shall be deemed to have had effect from the beginning of the session in which the Bill for this Act originated (save as regards that Bill itself), as if— (a) there had been substituted in subsections (1) and (4) of section two thereof, for the words “in three successive sessions”, “for the third time”, “in the third of those sessions”, “in the third session”, and “in the second or third session” respectively, the words “ in two successive sessions”, “for the second time”, “in the second of those sessions”, “in the second session”, and “in the second session” respectively; and (b) there had been substituted in subsection (1)of the said section two, for the words “two years have elapsed” the words “one year has elapsed”: Provided that, if a Bill has been rejected for the second time by the House of Lords before the signification of the Royal Assent to the Bill for this Act, whether such rejection was in the same session as that in which the Royal Assent to the Bill for thisAct was signified or in an earlier session, the requirement of the said section two that a Bill is to be presented to His Majesty on its rejection for the second time by the House of Lords shall have effect in relation to the Bill rejected as a requirement that it is to be presented to His Majesty as soon as the Royal Assent to the Bill for this Act has been signified, and, notwithstanding that such rejection was in an earlier session, the Royal Assent to the Bill rejected may be signified in the session in which the Royal Assent to the Bill for this Act was signified. -
The Growth of Democracy 1832 – 1928
THE GROWTH OF DEMOCRACY 1832 - 1928 Cults Academy History Department Higher History THE GROWTH OF DEMOCRACY 1832 – 1928 Gladstone & Disraeli Page 1 THE GROWTH OF DEMOCRACY 1832 - 1928 Contents: Problems with the Parliamentary System Forces for Change & The 1832 Act Gladstone, Disraeli & The 1867 Act Reducing Corruption and Bribery The Acts of 1884/85 Reforming the House of Lords The Emergence of the Labour Party Female Suffrage & the Acts of 1918/28 Conclusion I.C. 2005 Teacher’s note: This booklet can be used in conjunction with the textbook ‘Changing Britain 1850 – 1979’ (p’s 3 – 16) Introduction Today, we live in a democratic society where most people enjoy fundamental freedoms of speech, press, movement and worship and the right to vote in fair and free elections. In the early 1800’s, such ideas were alien to most people in Britain. Parliament had been established in the 13th Century as a way of helping the King govern more effectively. Gradually, it became an accepted institution of the State. The history of the British Parliament is long and complex. Here are some of the key events: In 1295, the first proper Parliament was established under Edward I. It evolved into two chambers, one for the nobility, the other for knights and burgesses In 1603, the kingdoms of England and Scotland were united under James VI: James believed in the absolute power of the Monarchy James’ son, Charles I attempted to rule without Parliament. This led in 1642 to the start of a long, drawn-out civil war between supporters of the Monarchy and supporters of Parliament, led by Oliver Cromwell In 1699, the Bill of Rights was passed, stating that laws could not be made without the consent of Parliament – the powers of the Monarchy were greatly reduced In 1707, the Act of Union joined the Scottish and English Parliaments together In 1721 Sir Robert Walpole became the first recognised Prime Minister Page 2 THE GROWTH OF DEMOCRACY 1832 - 1928 Problems with the old Parliamentary System The Parliamentary system of the early 1800’s had changed little in over a century.