美国亚拉巴马代写论文:人权法案
Keywords:美国亚拉巴马代写论文
1998年人权法案是一项至关重要的法案,并且反映了政治必须面临的一个新工党政府已经被压倒性的胜利,1997年,部分原因是为了回应其宪法改革的言论。事实上,它被描述为“不可抗拒的由于流行的组合压力和长期的选前承诺”。[我]HRA有高度显著的影响在英国的宪政安排,影响或许几十年来的一些最重大的改变,如果不是几个世纪。本文将考虑HRA 1998在三个办事处的影响历来是宪法的核心协议,并且是独一无二的英国宪法安排。办公室被认为是大法官,总检察长和上议院法官代表最高的司法分支。上议院坐的议会的上院,因此积分国家立法机构的成员。当然,他们也是国家司法部门的高级成员,并构成最高上诉法院。上议院的判决具有约束力在每一个法院在英格兰和威尔士,和上议院法官因此发挥核心作用在普通法的发展。正如伟大的启蒙政治理论家,孟德斯鸠和很多人一样,认为,这里存在一个关键的宪法需要分离的不同分支的状态,以便可以作为抗衡并检查其他两个分支的权力,从而避免在一个身体或个人力量的积累,这可能会导致暴政。(二)英语的位置,然后,是与理想的宪法地位所倡导的这样的理论家。英语特有情况安排,尽管如此,存活和发展几个世纪以来在自己的特殊方式。这将是突然受到影响,然而,新工党政府。
美国亚拉巴马代写论文:人权法案
The Human Rights Act 1998 was a fundamentally important piece of legislation, and one which reflected the political imperative faced by a new Labour government that had been elected by a landslide, in 1997, partly in response to its constitutional reforming rhetoric. Indeed, it has been described as “irresistible due to a combination of popular pressures and long-standing pre-election commitments”.[i] The HRA was to have a highly significant effect on the constitutional arrangement of the United Kingdom, affecting perhaps some of the most significant changes for decades, if not centuries. This essay will consider the effect of the HRA 1998 on three offices that have historically been central to the constitutional arrangement, and which are unique to the English constitutional arrangement. The offices to be considered are the Lord Chancellor, the Attorney-General and the Law Lords, who represent the highest branch of the judiciary.The Law Lords sit as part of the upper Chamber of the Houses of Parliament, and are thus integral members of the legislative branch of the state. They are also, of course, senior members of the judicial branch of the state, and constitute the highest appellate court in the land. A judgment from the Law Lords is binding on every court in England and Wales, and the Law Lords thus play a central role in the development of the common law. As the great Enlightenment political theorist, Montesquieu, and many others, have argued, there is a crucial constitutional need for a separation of the different branches of the state in order that one may act as a counterweight and check on the powers of the others, thus avoiding great accumulations of power in one body or individual, which may lead to tyranny.[ii] The English position, then, is contrary to the ideal constitutional position advocated by such theorists. The situation peculiar to the English arrangement has, in spite of this, survived and developed for centuries in its own idiosyncratic way. This would be abruptly affected, however, by the new Labour government.