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R (Miller) v Secretary of State for Exiting the European Union 2017

What are the significant cases to use for Eu law, devolution and human rights act? In order of challenging parliamentary sovereignty

Introduction

Constitutions are the foundations for virtually every nation in the world. To put it simply, it is a system of rules that establish the structure of the state and the principles by which it operates. In other words, they simultaneously create, empower, and limit the institutions that govern society[1]. Different from many countries, the British constitution cannot be found in one single document, rather its made up of a variety of legal and non legal sources which is one of its most distinguishing features. This approach has stood the test of time, but with the world now changing faster than ever and problems that face the UK getting ever more complicated, it is argued that codifying the constitution would better serve the UK in resolving these issues. Hence, this essay will show why the UK should not adopt a codified constitution in light of the contemporary challenges. Points that will be discussed are the reasons not adopting codification, minority government, conventions, parliamentary sovereignty, brexit and devolution.

Arguments Against Benefits of Codification

One of the arguments in favour of codification of the UK constitution is that it collects all of the rules into a set of documents, thus making the rules easily understandable, protected with entrenchments and it clear up the confusion of what is included in the constitution. This would allow them to be more easily enforced. “However, it can be argued that The United Kingdom has an evolutionary system of government that adapts smoothly to changing social and political conditions, whereas a written constitution entrenching its institutions and rules would be less flexible and difficult to amend to deal with the complex situations and also a danger that it might fossilise and become out of date.”[2]

Secondly, many would argue that a codified constitution would make the rules clearer and that it would increase the power of the courts as it is codified as law. Although that it might be true, but the adoption of a codified constitution might affect the democratic rule in the UK and might also lead to judicial tyranny. The reason is that judges would be the ones policing the constitution and the interpretation of the constitution can be affected by the personal preference and values of judges. Furthermore, they are not elected and not socially representative of society with that they are “diminishing” the idea of democratic rule in the UK as they are taking power away from elected representatives in the House of commons.

The third point to be argued that a written constitution constrains government in ways that an unwritten constitution does not. “The government is subject to it, whereas with an unwritten constitution it is the constitution which is subject to the government; the government can choose to alter it or interpret it in ways that suits itself. A written constitution is therefore an important safeguard against abuses by government of their powers, not least because it would entrench civil liberties and the due processes of law.”[3] However it can be argues that a written constitution is not a proper safeguard. A written constitution is no real form of protection to those trying to seek political domination. Aside from ill govern countries one only has to look at what took place in Germany in the thirties to where despite everything being adhered to, “the Nuremberg law”[4] overcame constitutional protections. Hence, a written constitution could be turned into an aid of an obsessive politician.[5]

“Unlike most modern states, Britain does not have a codified constitution but an unwritten one formed of Acts of Parliament, court judgements and conventions”[6] making it somewhat unclear to most ordinary citizens. This can be argued to be an advantage, as an individual can be better protected against an dictatorial government by being able to “duck and weave between varying parts of all of the above rather than having to challenge utilising the content of what is in subsumed into one all-embracing document.”[7]

Lastly, “if it aint broken don’t fix it”.This concept can be applied to support not codifying the UK constitution as the production of a written constitution is a seriously demanding exercise as a more detailed selection of a tenured judiciary would be needed coupled with complex decisions in the context of a new legislature and a re-examination of the role and makeup of the executive. Furthermore, without a “constitutional moment” such as events giving rise to the constitution of the United States in 1783 it would be hard to achieve it out of the vacuum.[8]

Minority Government

As mentioned above, the benefits of having a constitution that is not codified is that it provides flexibility to adapt and solve complex problems in the ever changing world we live in today. To amend the constitution to adapt to changes of society would be easier if the constitution is not codified due to the reason that it will only require a simple majority rather than that of a codified constitution which will require a super majority of more than two thirds of votes. Hence, not codifying the constitution will benefit the UK current situation more in the short run as the government now in power is a minority government formed through a “confidence and supply agreement” between the conservative and DUP. A minority government is a government formed by a political party that does not have an overall majority of MPs in the House of Commons [9] and that a “confidence and supply agreement” for the current government is a agreement is where the DUP agree to back the Conservatives in key votes – such as a Budget and a confidence motion – but are not tied into supporting them on other measures.[10] With a minority government in power and having a codified constitution could pose more problems rather than solve them because the amendments made might not be able to gain enough votes from the house of commons to get through due to not enough votes agreeing with the amendment. This could be due to within the minority government itself some members views might not be in line views of the majority even with “whipping”. Worst to worst this could even lead to a break up of the current agreement formed between the parties, which leads  to stagnation of the whole government.Also, a written constitution containing any substantive reforms would cause disruption to the normal workings of government, and a series of direct and consequential changes in the revised procedures across all branches of state.[11]

Constitution conventions

As mentioned, the UK constitutions are made up of a variety of sources, Constitutional convention are one of them. According to Dicey that conventions are defined as:“understandings, habits or practices which, though they may regulate the … conduct of the several members of the sovereign power… are not in reality laws at all since they are not enforced by the courts”[12], while the functions of conventions can be explained by Lord Wilson,as he notes that they“regulate relations between the different parts of our Constitution and the exercise of power”[13]. Also, The main point of a convention is that they are expected to be followed but not unconditionally.[14] Furthermore, not codifying conventions again provides the flexibility that it can not be followed by the government when there is a need in doing so and no legal consequences for this. An example of this is when Lord Widgery noted that: “whatever the limits of the convention…there is no obligation enforceable at law to prevent the publication of Cabinet papers, except in extreme cases where national security is involved.”[15] In this case a constitutional convention was applied but ignored; as a consequence we do not know how they will apply when put to the test or whether they can be morally justified.[16] Hence, to codify the conventions that are unreasonable and not practical would inflict more problems for the government as the court would have no choice but to apply them.[17]

Parliamentary sovereignty

Codification of the constitution also reveals one of the major problems with codification which is Parliamentary sovereignty. Parliamentary sovereignty provides that no one can question the validity of an Act of Parliament and no Parliament can bind another.[18] Most countries that posses a codified constitution, the constitution is protected politically and judicially , with the former through entrenchments and the later through a Constitutional court.[19] Hence, under this doctrine parliament is supreme and sovereign which means that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.[20] Consequently, it can be argued that with entrenchments in place , the current government can make law that in the future the succeeding government cannot undo and must follow, causing the principle of parliamentary sovereignty to not exist. Hence,a codified Constitution would therefore diminish the doctrine of parliamentary sovereignty[21] and the ability to make changes or to create laws in times of need. In addition to this, it is often argues that a constitution that is not codified will not have  sufficient checks and balances executives to prevent a elective dictatorship, this is a misconception. As there are considerable pressures on ministers making the implementation of controversial new measures or policies very difficult.[22] These pressures come from the Opposition party, intra-party dissent from the government’s own backbench Members in the House of Commons, the scrutiny procedures and cross-examination of the departmental select committees, the ability of the House of Lords to postpone and hold up legislation of which it disapproves and Scottish, Welsh or Northern Ireland regional governments, as well as the glare of a critical mass media and the need to court public opinion to avoid the threat of being voted out of office at the next general election.[23]

Brexit and Devolution

After the 31 March 2019, the UK would have officially left the European Union. After Brexit there are roughly about 12000 EU regulations that need and 7900 statutory instruments that need to be amended to be in line with national law[24]. Again if UK has a codified constitution, entrenchments will be in place to safeguard it. This could be a problem it is decided to include all the legislations, as it would require a majority of more than two third of the votes of house of commons to pass. The reason is that Brexit has the caused cabinet of the current government to be divided in this crucial time.[25] Furthermore, the flexibility provided by not codifying the constitution  also preserves the democratic image of the UK as it enacts the will of the people.

With Westminster having devolved its power to each of the legislations, a codified constitution would not beneficial in the current political climate. Although a codified constitution might be more democratic to devolved legislatures as it enables them to keep hold of their administrative power . that might be true, but it can be argued that with the current political climate not having a codified constitution would provide the government to have more control over the devolved legislatures as it can retract power from devolved legislations when it wants to .This could be beneficial if the government wants to stop the Scottish parliament.

Case for and against the uk adopting a written constitution

deflection can be calculated by taking the double integral of the Bending Moment Equation, M(x) divided by EI (Young's Modulus x Moment of Inertia).

Physics

Good day . I’ve been asked to calculate theoretical deflection    My load = 0.981 N , length =560mm , youngs modulus = 207GN/m^2 , breath = 19.36, depth=3.07. Someone please assist me . My answer was incorrect.

Elizabethan Society was a very different place to the society that we live in today. Many of the things we take for granted now simply did not exist in Elizabeth’s time. Society was based on strict social structures that ensured everyone knew their place. It was through this system that Elizabethan society functioned.

At the top of the social structure was the Monarch. Below them came the nobility and gentry. Both the nobility and gentry would have owned quite a lot of land. Under the gentry came the Yeomen. Yeomen were lesser gentry who owned land but not as much as the nobility and gentry.

Underneath the yeomen were the Tenant farmers, these were people who rented their land from the yeomen or gentry. Beneath all of this were the labouring poor who did not own any land, and then at the bottom of the pile came the homeless and vagrants.

This structure kept order in society. It did this because those people in the structure respected the level above them, and if you had people below you, you had to care for them when times were hard. Respect should flow up the system, and care should flow down.

This structure was common in the countryside, which is where most people lived in the country. However, it could also be found in the towns. In towns, instead of being about how much land you owned, it was all about money. The wealthy were at the top, and the poor were at the bottom.

History

Features of Elizabethan society

Charles Dickens’ captivating novella, ‘A Christmas Carol’ follows the exploits of protagonist Ebenezer Scrooge, set against the shocking backdrop of nineteenth century London. Throughout this ‘ghostly tale’, Scrooge must undergo many revelations in an effort to cause a change, as it is fear that encapsulates this man leading to his detriment. It is the fear of being responsible or a dismal future society that encourages this dramatic alteration, however understanding the warmth and kindness of those less fortunate further causes him to adopt more humane attitudes. Scrooge’s gradual willingness to become enlightened by those willing to teach, however, has the most influence on Scrooge, resulting in his dramatic alteration from monster to man.
Scrooge’s immense fear of poverty has caused him to develop narcissistic qualities which ultimately lead to his isolation from society. A lengthy repugnant opening description of this ‘covetous old sinner’ whose ‘eyes were shrivelled’ highlights the devastating changes to his physique that has warped along with his personality. Scrooge is contrasted early on to his ‘ruddy, handsome’ nephew Fred, who was ‘all in a glow’ as their views towards Christmas differ greatly, with Scrooge merely dismissing it, ‘Humbug’, where as Fred believes it brings men and women together despite social differences and should be ‘bless[ed] by God’. This initial description of the characters illustrates that Scrooge’s attitudes have little to do with his wealth, rather his distaste of the poor and ‘making idle people merry’ has been due to fear of suffering from poverty himself. Scrooge is not an intrinsically malicious character; rather he is fearful and damaged. Dickens himself had a brush with poverty during his younger years and even throughout his illustrious career, he became anxious about how he would provide for his family. Thus, Dickens provides insight to the reader, that for Scrooge, ‘there is nothing on which is as hard as poverty’. This emphasises the utter trepidation he experienced out of fear of how others would respond if he was to become poor. Consequently, it is this behaviour which causes Scrooge ‘to fear the world too much’ and is a symbol of what could have been. His intolerable habit to ‘weigh everything by gain’ removed any change ‘of a beautiful creature calling him father’ after the ‘golden idol’ displaced his wife Belle. Dickens exemplifies the devastation that wealth can cause and it is this dark emotion of fear causing Scrooge’s abhorrent personality that needed to be altered to achieve social betterment.
Furthermore, it is the fear of a dismal future, foreshadowed by Scrooge’s ghostly visitors that force his transformation. The Ghost of Christmas Present begins in an exaggerated, jovial and beneficent manner as he demands Scrooge to ‘touch [his] robe’ and be taken on a journey, however is the lessons he teaches that force Scrooge to ponder his actions. At the Cratchit household Scroge is able to see the unfortunate situation of cripple Tiny Tim and begins to feel remorse and sorrow for this young boy, with the ghost labouring to Scrooge that ‘if the shadows of the future do not change the boy will die’. The ghost further uses Scrooge’s own callous words about ‘decreas[ing] the surplus population’ to condemn him for his selfish actions that are indirectly causing the death of this poor boy and many others just like him. This is the moment of revelation for Scrooge as he realises he must reform. Tiny Tim personalises Scrooge’s unpleasant philosophy to emphasise that the ‘surplus population is comprised of individual faces’, at the same time acting as the catalyst for Scrooge’s fear in the wake of an awful world. Similarly, the ‘meagre’ and ‘ragged’ children Ignorance and Want presented to Scrooge by the Ghost of Christmas Present have an allegorical role as they embody the race of disregarded individuals that will evolve into hungry predators if social reform does not take place immediately. Scrooge begins to understand that these children are ‘man’s’ and fears that ‘doom will remain on the brow of this boy’ unless he stands up to cause a change in his life. Dickens underpins the importance of the ‘ghost of an idea’ that should ‘haunt our homes’. He yearns for the world to transform just like Scrooge in fear of a devastating future unless members of society come together to fight for the prosperity of the poor. The Ghost of Christmas Present is pivotal in enabling Scrooge to change through evoking fear that his actions are leading to the detriment of the world.
On the other hand, although fear encapsulates Scrooge, it is his newly found understanding of qualities including warmth and benevolence displayed by others that assists his transformation. Despite the ‘uncheery’ climate, the people along the streets of London are able to draw on the love and compassion of others shown at Christmas time and act optimistically in times of struggle. This is Scrooge’s first insight into the lives of others as for so long he has been trapped in his ‘melancholy tavern’. Likewise, it is the great Christmas feast at the Cratchit’s observed by Scrooge that causes Scrooge to rediscover the notion of the importance of togetherness. Despite the scarcity of food, the utter pleasure of the family is cleverly expressed by Dickens with none of them ‘complaining about the size of the pudding’, rather they are all uniting and working together whilst experiencing joy and happiness. Dickens portrays the Cratchit family so angelically to emphasise their unique ability to transcend their struggles in an effort to ‘keep Christmas well’ and as readers we desire to assist this beautiful family. Scrooge also wishes to provide this family with a ‘turkey’, rather than a ‘goose’ and experience love and compassion from others that he had restricted himself from. Scrooge undergoes an epiphany after seeing that people from all walks of life, including ‘in a place where miners live’ and out in the ‘deep black sea’ are coming together as one, thus causing him to fully understand the importance of others in his life and strive for change.
Finally, it is Scrooge’s gradual alteration from rejecting change to embracing it that proves vital for his transformation. During the initial stave Scrooge would rather receive ‘all ghosts at once’ and get it over with and his distaste of the Ghost of Christmas Past’s bright light is clearly evident. This ghost is symbolic of memory and specifically Scrooge’s damaged past and he would rather shield himself from these memories than to confront them, highlighted by his attempt to cover the light at the conclusion of his visit. However, as the text draws on Scrooge becomes more eager to view this light and not block out the ‘lessons the [ghosts] teach’. From being completely silent whilst eating his ‘melancholy dinner’ at the beginning to ‘bearing his company with a thankful heart’ despite the Ghost of Christmas Yet to Come being Scrooge’s most ‘feared spectre’, Scrooge learns to confront the fears limiting his full capabilities in life. This is captured by Scrooge’s language during the final stave. He is willing to ‘live in the past, present and the future’, acting euphorically with Dickens incorporating simile and metaphor, as Scrooge feels like a ‘school boy and a baby’ all in the same breath. His decision to learn from the ghosts lifted the ignorance from Scrooge symbolised by the change in weather following his transformation as the ‘fog’ lifts and the sun is glowing once more. Scrooge takes great ‘pleasure in talking with a boy’ here, demonstrating how the teachings from one night can cause a ‘covetous old sinner’ to transform into a ‘man as good as any master the town had seen’. Through guidance and acceptance Scrooge is able to confront his worse fears whilst realising the worth and kindness of others.
Overall, Scrooge’s transformation transpired as a result of a fear of poverty as he attempted to insulate himself from it, in the process, developing harsh qualities that consumed him, forcing his isolation from the world. Fear, however, remained with Scrooge throughout his transformation with the Ghost of Christmas Present foreshadowing a dismal future as a direct result of his misanthropic actions which needed to be altered. But, it is Scrooge’s eventual understanding of the lives of other individuals coupled with an admirable willingness to be enlightened by change and education that allows him to fully appreciate the warmth and kindness of others, in effect adopting the true meaning of Christmas.


How does dickens present the influence of fear in a ACC?

Physics Generating New
Technology:
Newton's law of motion helped in the
development of rockets.
Bernoulli's principle helped in the
development of an airplane's wings.
The concept of thermodynamics helped in
the development of heat engines.
The heating effect of electric current helped
in the development of incandescent bulbs
and vacuum diodes.
The chemical effect of electric current is
used in electroplating, electrotyping, and
electrorefining.
The phenomenon of electromagnetic
induction is used in electric generators,
electric motors, and electric furnaces.
The principle of conservation of energy is
used in power plants.

The theory of propagation of
electromagnetic waves is applied in
television, radio transmission and in wired
and wireless communication.
Digital electronics has application in
computers and calculators.
The discovery of nuclear fission has
provided a tremendous source of energy. In
nuclear reactors, a large amount of energy is
released where mass is converted into
energy. This energy is used to power
generation in nuclear power plants and for
destruction in a nuclear bomb.
The phenomenon of population inversion
has given rise to lasers which has very wide
applications.
The tidal energy from sea waves and solar
energy is used to produce electrical energy.

Technology Generating New physics :

Using a discharge tube cathode rays were
discovered. When cathode rays were
stopped by tungsten block X-rays are
produced. The discovery of ×-rays helped in
further development of physics. It helped in
study of atomic structure, spectral analysis
etc.
Maxwell and Hertz's work with
electromagnetic waves led to the creation of
wireless technology. This development of
wireless technology stimulated the scientific
interest in spark discharge and electrical
emission. Wireless technology also led to
the refinement of the theory of atoms and
the development of a new theory on the
states of metals.

Physics and Technology

 Physics tries to explain how the universe works and technology exploits that knowledge to build useful stuff. Also, physics experiments now use a lot of technology.
For instance, physics explained how electrons are emitted from a heated cathode in a vacuum, and technology used that to make TV tubes. Physics explains the bandgap structure in semiconductors like doped silicon, and technology makes transistors and LEDs. Technology can’t make things at random - a flying machine from a piece of soap and a stick of celery. Physics tells it to try a cloth envelope and a gas burner.

Physics - the study of matter, energy and their interactions - is an international enterprise, which plays a key role in the future progress of humankind. The support of physics education and research in all countries is important because:
Physics is an exciting intellectual adventure that inspires young people and expands the frontiers of our knowledge about Nature.
Physics generates fundamental knowledge needed for the future technological advances that will continue to drive the economic engines of the world.
Physics contributes to the technological infrastructure and provides trained personnel needed to take advantage of scientific advances and discoveries.
Physics is an important element in the education of chemists, engineers and computer scientists, as well as practitioners of the other physical and biomedical sciences.
Physics extends and enhances our understanding of other disciplines, such as the earth, agricultural, chemical, biological, and environmental sciences, plus astrophysics and cosmology - subjects of substantial importance to all peoples of the world.
Physics improves our quality of life by providing the basic understanding necessary for developing new instrumentation and techniques for medical applications, such as computer tomography, magnetic resonance imaging, positron emission tomography, ultrasonic imaging, and laser surgery.
In summary, for all these reasons, physics is an essential part of the educational system and of an advanced society. We therefore urge all governments to seek advice from physicists and other scientists on matters of science policy, and to be supportive of the science of Physics. This support can take many forms such as:
National programs to improve physics teaching at all levels of the educational system.
Building and maintaining strong departments in universities (and other academic institutions) with opportunities for grants to support research.
Scholarships and fellowships for both undergraduate and graduate students studying physics.
Adequate funding for national laboratories and the formation of new ones as appropriate.
Funding and facilitating international activities and collaborations.
Physics makes our day to day life more easy and more comfortable.

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