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Importance of Public Law

14 Pages 3383 Words 6943 Downloads

Introduction

There are certain laws which are established in between government bodies and individuals. These relation is made with the application of law and created to impact direct on to society(Scheingold, 2011). Such relations are governed by communal laws which are mandatory to be followed by the public. There are different kinds of field which have been covered by the public law like constitutional, administrative , criminal and tax. In Public Law, there are certain decisions which have to be taken by the government in relation to individuals and their rights. It can be said that public law is considered as one of the most important bodies of legal system which is established to understand the rights governed publicly or privately for many individual. The following project will carry out a research on different aspects of Public Law. Main aim of the project is to create a better understanding about different provisions mentioned in Public law, which will govern rights of an individual.

QUESTIONS

Convention on collective ministerial responsibility

There are various kinds of conventions formed in a government to take certain important decisions for rights and duties of an individual. Conventions are generally called agreements which are made between states of its government for making benefits to an individual. One of the most important conventions made by US government is about Collective Ministerial responsibility(Loughlin, 2010). Such conventions state that all the members of cabinet must support the decision which are made publicly for the benefits of general public. Convention on collective ministerial responsibility is considered as constitutional convention in which government shall be using Westminster System. Main concern about mentioning this convention is to get agree upon the decision publicly although they might not agree upon this in person or privately. Such decisions are generally taken in context to give vote for government in legislature. When a decision has been given on certain topic by voting and any member of cabinet openly objects on the same then they are under an obligation to resign from the position(Alexander, and Alexander, 2011). In collective responsibility of minister, if vote of no confidence has been passed, that is the vote no longer deemed fit passed in a Parliament then whole government shall resign from the position. When whole government shall get dissolved, then a new governmental body will be established or the Parliament shall will dissolve and general election will held. In such ministerial responsibility, there are certain major decisions which will be taken in context to government especially which have been made by the cabinet(Von Glahn, and Taulbee, 2015). Any kind of personal objection on decision shall let to resignation. For an example: it has been seen in the case of resignation given by Baroness Warsi where an opinion was made by lady on a policy for Israel. A clash created between Baroness Warsi and other member of cabinet regarding the policy which has resulted into resignation of the person. Hence, it is very much clear from the convention of collective ministerial responsibility that if collective decision is made on any legislation idea and if anyone shows a disagreement then he shall be entitled or obliged for resignation(Newsom, Turk, and Kruckeberg, 2012 ).

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Convention on Individual Ministerial Responsibility

It is not right to say that the convention of individual ministerial responsibility is a fiction. It can be considered as a false fact that resignation of a minister entirely depends upon Prime Minister and his assessment of involved political factor. According to the convention made on Individual Ministerial Responsibility, it states that where there is a responsibility accounted to minister then he is expected to take the complete blame on himself and give resignation(Gostin,2010). In other words, it can be said that every individual has his/her own ministerial responsibility and so, it is the duty of that particular person to fulfil certain duty. In case if he fails to do any ministerial duty then he shall be entitled to give resignation. It can also be said that if any kind of corruption, misrepresentation and misbehaviour occur in minister then such particular person shall be held liable. Even if the particular minister has no knowledge about any illegal act happening within ministry, he will be held responsible for all the actions govern in a ministry by its subordinates because the minister has approved hiring of employed civil servants. If any kind of misdeed occur then a minister is ought to give his resignation. Sometimes, there are different kinds of situations occur in which there may be a possibility that a minister may face criminal charge(Brownlie, and Crawford, 2012). In order to make sure that no false responsibility shall fall on to the minister, he has to make sure that all civil servants who have been working as subordinate must act in proper manner comply to the policy so that there will be no corruption, misrepresentation or misbehaviour occur on the part of subordinates(Smith, Dinev, and Xu, 2011). The policy also remarks a statement that whenever an official make a mistake, although such mistake in not serious in nature and doesn't comply with policy and no claim has been involved to an individual then a minister is responsible for the mistake even though he is not directly involved in such act. Hence, it can be said that according to Individual Ministerial Responsibility, a person shall be entitled for resignation if any misbehaviour occur on the part of subordinate because responsibility is in the hand of minister and he is not entitled to serve resignation ask by a PM.

Administration of backbencher over actions of minister and other government departments

There are several kinds of bodies which have been instituted in the Parliament to take care of all necessary decisions made for the betterment of society and an individual. One of the important parts of Parliament is its ministers and other government departments. These both members of Parliament are provided with different powers to make several kinds of decisions which is why it is important to take care of the actions and decisions taken by ministers and other government bodies(Pinquart, and Sörensen, 2011). A several body is established by the Member of Parliament which will take care of all the action and duties to be govern on the account of Minister. A different body called BackBenchers is established to carry out the administration process. It is the body constitute of Member of parliament and Member of lords which will not hold any kind of ministerial power and position but do possess a seat at the back of the chamber. Such governmental body shall not hold any governmental office. The main role to be played by backbecher is making different kinds of opinion on the matter which shall governed by the action of ministers. When a policy is being discussed in the Parliament then backbencher has the duty towards constituent ton check or to administer that whether all the work is going in process of not. Backbenher shall administer the duty to be played by the government department for an example it is the duty of the registrar to give all the basic information to any any individual if asked, the role of backbencher is to check that whether that government body is successful in establishing the information or not. Another example can be framed as any convention or policy has been made between the government or any state then it is duty to shown opinion publicly on the convention, the failure or agreeing upon the terms shall be determined by backbencher. This body shall focus ion few things that is the actions which will be governed by ministers and the the role is being properly played or not.

Functions of Parliamentary commissioner

There might situation arise in which most of the constituents of member of Parliament are being mistreated by government. In order to rectify such situation it is very important to set a body which will take care of all the essential key elements regarding same. In order to govern that no constituents shall be mistreated by the government department, a body of parliamentary commissioner is being set up which will look for the illegal or other activities to be carried out by the government department. A different act has been established called Parliamentary Commissioner Act 1967 which stated that an Ombudsman has a duty to investigate on to the actions governed by central government and in department and public authorities. On the other hand it can be said that the person shall take care of the all the actions which will be taken by central government in terms of ministry or not. It is very important for the central ministry not to take any actions which will mistreat any kind of constitute(Sharma, Teret, and Brownell, 2010). The first and foremost function of parliamentary commissioner s to investigate certain actions. When an investigation is being carried out for actions of government body then it will take care of all the aspects that what are the policies to be established and whether these policies are benefiting minister and its constituents or not. Once an investigation shall be carried out in terms of constitutes then it will make it more clear regarding mistreatment.

UK Electoral System

An Electoral system can be explain as the proper procedure which shall be followed by the citizen of a country. In this kind of system, an individual has the right to choose his representative to sit in a government body. Such procedure shall be carried out by maximum number of votes attained by a particular individual. There are many people who propose their name as a representative for the election to hear the voice of public and to fulfill the demand of same(Chaudhuri, 2011). There is particular procedure top be followed by the country in order to conduct a fair election and to make sure that no Representative shall be chosen by any kind of misinterpretation and all shall b treated on an equal base. For an example it has been seen that a proper electoral system is followed by UK to make sure that the elections will be conducted in fair manner. There are general 6 types of elections to be conducted in UK that is general elections, elections to disolve parliments and assemblies, elections to European Parliament, local election, Mayoral election and Police and Crime Commissioner elections. In order to conduct fair election a proper procedure of polling shall be conducted in which vote can be cast by person itself, by Post or by Proxy. A particular timing and date is to established in order to carry out voting for the candidate. There are various kinds of issued faced by electoral system like Low Turnout, Proportional Representation.

There are many domination political parties established in UK which will raise their Representative from a particular political party to win the elections. In order to conduct a fair voting with relation to the Representative of government it is very important that such organization shall be registered with electoral commission . Party must regularly make donation and raise loans. If Representative has followed the procedure or registration then a fair election will be conducted(Lan, and Heracleous, 2010). There are many reforms which has been suggested on the account of electoral system for an example reform of proportional Representation, parliamentary and party position and low Turnout.

Powers of Mayor

A mayor can be explained as a person who is seated on the highest authority of municipal government. It can be a city or a town. A mayor can be appointed as chief executive officer of municipal government or may be constituted as multimember governing body. The position of a mayor shall dependent upon the system choose as well as the medium by which a mayor is going to select(Christensen, and Wright, 2011). There are certain responsibilities which shall be governed by a mayor of a state. The responsibility are important to entitled because there are certain decision which will be taken by a mayor and while making any kind of decision he has to take care of the responsibility or the key role a mayor is suppose to play. Few of his responsibilities are:-

  • Serving on city council- the prime duty of a mayor is to first work for his council and then to others. He shall serve a council in good faith and such a manner that it will be beneficial to council.
  • Voting in the Council meeting- it is the duty of a mayor to cast his vote in council meeting, conducted to discuss serious issues.
  • It is the duty of a mayor to serve committees and assign chair to council member
  • A mayor can also appoint an individual or a citizen which will serve for committee or for the advisory board.

It is very well known fact that an annual budget shall be created for the country to set perimeters for taxes and other affairs. Such budget is created by mayor(Engel, Fischer, and Galetovic, 2013). It is also in power of a mayor to receive an annual budget created by city manager. It is the duty of a mayor to create an annual report to council.Decision Billy Elliot can be challenged as none of the decision fill the criteria of responsibility of a mayor. It can be clearly seen that none of the decision comply role of mayor.

Human right act comply with section 2-7

Human rights can be explained as general principal and norms which are established by government in order to protect rights and duties of an individual. There are basic rights which shall be governed by every individual and it is very important to protect them as it will result into protection of interest of a human(Haselmann, Pistor, and Vig, 2010). It is not right to state that Human rights have ended the supreme power of parliamentary as well as enable unelected judges to defy the will of people. There are certain section explained in the human right act 1998 which will explain that parliamentary is still sovereign.

Section 2 of human right act state about interpretation of convention right which states that a tribunal or court ha the power to taken an account of such cases which are in connection to the question of any convention for an example Article 31 of the convention. Section 3 of the act states that primary legislation and subordinate legislation shall be interpretate in such a manner that it shall be compatible to convention rights. Section 4 explains about the in compatibility of any legislation. Section 5 states that if any incompatable convention found then it shall be taken crown is entitles to notice in accordance with rules of court(Chávez, 2011). Section 6 states about act of public authority and the proceedings are explained under section 7 which makes it more clear that act focus on legislation and Parliament is still considered as sovereign.

Restrictions on right to freedom of speech

There are many rights which has been governed by constitution as well as by the means of human rights of which one of the important right is freedom to speech. According to the right of freedom of speech an individual has a right to express his opinion on any discussion or decision without any kind of restraint. But there are certain restriction imposed on rights to freedom of speech an expression(Biermann, Boas, 2010). It has been explained by the operation of law that no individual is allowed to form any kind of derogatory or defamatory sentence that is no individual has the power to defame any other individual. Any person who found doing defamation in public shall be entitled for legal liability. A defamation can be explained as a sentence which is damaging a good reputation of an individual. Restriction to form defamatory sentences shall not infringed human rights. There are certain restriction which has been imposed in European convention of human rights. Such restriction are reasonable because with the application of law, no person has the right to form a defamatory sentences.

Restriction on to the demonstration in Parliamentary Square

Parliamentary square can be explained as an open place in UK where 11 statues of renown leader are established. Various kind of demonstration shall be carried out by the people(THOMSON REUTERS, 2016). The place is highly known for big demonstration and protest to be held by public raising many demands. But is is not possible for law to entertain each and every protest which is why there are certain limitation or restriction has bee established. Such restrictions are either governed by human rights or may be recognized by European convention on Human Rights. The basic restrictions to be imposed by act are:-

  • The demonstration shall not be illegal in nature that is it shall not be conducted out of the frame of legal norms and regulations
  • The Demonstration shall not infringe right and does not restrict the duty of an individual governed by human rights.
  • The act shall not frame any defamatory result to any group or on to th person.
  • The demonstration shall be conducted in peaceful manner without the use of armed force.

Difference between Council of Europe and European Union

Council of Europe can be explained as an international organization which will create a great focus on human Rights. It is state of 47 members and maintain a budget of approx half a million euros where on the other hand European union is political-Economic Union of 28 members states that are basically located at Europe(Public Law, 2016).it shall focus on to the free movement of goods and services and capintal within the internal market. None of the organization has resulted into loss of part Parliamentary sovereignty in UK as one organization shall focus on to the human rights and other on the trade union or free movement of goods and services.If any restriction imposed on the movement of Romanian then that would be challenged according to the laws of European union as it shall enable to the free movement of goods and services(Afzal, and Abbas, 2010).

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Conclusion

There are many rights and duties of Parliament and ministers which shall be governed by public law. The project has further explained about responsibilities of Mayor. Another part of report has explained about restrictions related to rights to freedom of speech and demonstration on Parliamentary square. The project has created a difference between European union and Council of Europe.

References

  • Scheingold, S.A., 2011. The politics of law and order: Street crime and public policy. Quid Pro Books.
  • Loughlin, M., 2010. Foundations of public law. Oxford University Press.
  • Alexander, K. and Alexander, M.D., 2011. American public school law. Cengage Learning.
  • Von Glahn, G. and Taulbee, J.L., 2015. Law among nations: an introduction to public international law. Routledge.
  • Newsom, D., Turk, J. and Kruckeberg, D., 2012. Cengage Advantage Books: This is PR: The Realities of Public Relations. Cengage Learning.
  • Gostin, L.O., 2010. Public health law and ethics: a reader (Vol. 4). Univ of California Press.
  • Brownlie, I. and Crawford, J., 2012. Brownlie's principles of public international law. Oxford University Press.
  • Smith, H.J., Dinev, T. and Xu, H., 2011. Information privacy research: an interdisciplinary review. MIS quarterly, 35(4), pp.989-1016.
  • Pinquart, M. and Sörensen, S., 2011. Spouses, adult children, and children-in-law as caregivers of older adults: a meta-analytic comparison. Psychology and aging, 26(1), p.1.
  • Sharma, L.L., Teret, S.P. and Brownell, K.D., 2010. The food industry and self-regulation: standards to promote success and to avoid public health failures. American Journal of Public Health, 100(2), pp.240-246.
  • Chaudhuri, A., 2011. Sustaining cooperation in laboratory public goods experiments: a selective survey of the literature. Experimental Economics, 14(1), pp.47-83.
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