A Public Law on Devolution and Scotland - Free Essay Example

Sample details Pages: 6 Words: 1801 Downloads: 4 Date added: 2017/06/26 Category Law Essay Type Narrative essay Level High school Tags: Act Essay Did you like this example? Assume that the UK Parliament has passed new legislation conferring powers on the UK government to determine, by Order, who has the right to vote in any UK referendum. The government is considering whether to make an Order extending the right to vote in the independence referendum to registered voters in England, Wales and Northern Ireland. The Scottish Government is furious and claims that this would be a breach of the Edinburgh Agreement and Sch 5, Part 1, para 5A of the Scotland Act 1998. Don’t waste time! Our writers will create an original "A Public Law on Devolution and Scotland" essay for you Create order Advise the relevant minister whether he is legally entitled to enact such an Order. To fully advise the minister if he would be legally entitled to enact such an order, to allow registered voters in England, Wales and Northern Ireland to vote in any UK referendum. To do this we first need to understand what the Edinburgh agreement and Sch 5, Part 1, para 5A of the Scotland Act 1998 covers. The Edinburgh agreement[1] is an agreement between the Scottish Government and the United Kingdom government. This agreement was signed by both Governments on the 15th October 2012, and charted the footprint for the Scottish independence referendum on 18th September 2014. An argument brought up by Professor Adam Tomkins is that before the enactment of the Edinburgh Agreement [2] the Scottish government was acting out with its powers as it was not following Westminsterà ¢Ã¢â€š ¬Ã¢â€ž ¢s legislative supremacy. Even with the commencement of the Edinburgh Agreement some see the UK parliament has having the final say in any laws passed and can if applicable, override any. Cons titutional theorist A.C Dicey describes parliamentary supremacy as: à ¢Ã¢â€š ¬Ã‹Å"Parliamentà ¢Ã¢â€š ¬Ã‚ ¦has under the English constitution, the right to make or unmake any law whatever: and, further, 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.à ¢Ã¢â€š ¬Ã¢â€ž ¢[3] The Scotland Act 1998 created a devolved Parliament in Scotland. In turn this created the devolved powers that allow the Scottish Government to legislate on non-reserved issues.[4] Nevertheless Scotland gets its powers from Westminsterà ¢Ã¢â€š ¬Ã¢â€ž ¢s constitutional supremacy rather than from its own sovereignty. This would mean that Westminster could in theory rescind any of the devolved powers and legislation given and made my Scotland. Yet Westminster has given it agreement, that the referendum should go forward making the Edinburgh agreement legally binding. The Scotland Act 1998 (Modification of Schedule 5) Order 201 3 inserts the words à ¢Ã¢â€š ¬Ã‹Å"Paragraph 1 does not reserve a referendum on the independence of Scotland from the rest of the United Kingdom if the following requirements are metà ¢Ã¢â€š ¬Ã¢â€ž ¢[5] This change has allowed the Scottish parliament to legally hold a referendum. This order modifies schedule 5.Paragraph 1 of part 1 of schedule 5 so that a referendum on the independence of Scotland from the rest of the United Kingdom is not reserved matter if certain requirements are met. Moreover the Referendum Bill introduced by the Scottish Government created the franchise for the referendum. The UK Government and the Scottish Government both agreed that à ¢Ã¢â€š ¬Ã‹Å"all those entitled to voteà ¢Ã¢â€š ¬Ã¢â€ž ¢ 3 should be able to vote in the referendum à ¢Ã¢â€š ¬Ã‹Å"The franchise enables British, Irish, qualifying Commonwealth citizens and European Union citizens resident in Scotland to voteà ¢Ã¢â€š ¬Ã¢â€ž ¢.[6]Furthermore Professor John Curtice has also pointed out that Northern Ireland sovereignty referendum, 1973, set a precedent for allowing only those à ¢Ã¢â€š ¬Ã‹Å"resident in one part of the UK to vote on its sovereigntyà ¢Ã¢â€š ¬Ã¢â€ž ¢[7] In summary the referendum is now a binding legal decision as Westminster has agreed to s30 order under the Edinburgh Agreement. Moreover both Governments also agreed on who would be able to vote, and it was up to the Scottish Government to implement a franchise for the voting. This clearly stated that you had to reside in Scotland to vote. Therefore the minister would not be able to enact such an order. Assume that the Order has not been made and the referendum franchise is as set out in the Scottish Independence Referendum (Franchise) Act 2013. The referendum has taken place and there is a narrow victory for the à ¢Ã¢â€š ¬Ã‹Å"noà ¢Ã¢â€š ¬Ã¢â€ž ¢ campaign. The Scottish government, which campaigned for a à ¢Ã¢â€š ¬Ã‹Å"yesà ¢Ã¢â€š ¬Ã¢â€ž ¢ vote, is advised that a much higher percentage of 16 and 17 year olds voted no than voters aged over 18, and that had they not been enfranchised, there would have been a majority for the à ¢Ã¢â€š ¬Ã‹Å"yesà ¢Ã¢â€š ¬Ã¢â€ž ¢ campaign. The Scottish Ministers introduce a Bill into the Scottish Parliament which states that the words à ¢Ã¢â€š ¬Ã‹Å"aged 16 or overà ¢Ã¢â€š ¬Ã¢â€ž ¢ in section 2(1)(a) of the Franchise Act are to be repealed and replaced with à ¢Ã¢â€š ¬Ã‹Å"aged 18 or overà ¢Ã¢â€š ¬Ã¢â€ž ¢. It further provides that any vote cast by someone aged under 18 on the day of the referendum is to be void and treated as if it had not been cast. Advise the Presiding Officer as to whether she should certify that the Bill is within the Scottish Parliamentà ¢Ã¢â€š ¬Ã¢â€ž ¢s legislative competence. To fully advise the Presiding Officer as to whether she should certify that the Bill is within the Scottish Parliamentà ¢Ã¢â€š ¬Ã¢â€ž ¢s legislative competence we need to first understand the meaning of the Scottish Independence Referendum (Franchise) Act 2013[8] and what powers that gives to the Scottish Government in relation to the franchise. The Act 2013 defines the electorate for the referendum and allows the Scottish Parliament to create requirements about those who are entitled to vote in a referendum on the independence of Scotland. Furthermore this is including requirements for the formation of a register of young voters for the purposes of such a referendum. Furthermore the franchise will be extended to allow 16 and 17 year olds to vote in the referendum.[9] The 16 to 17 year olds would make up approximately 3% of the voters entitled to vote.[10] This has been made possible by s30 Order[11]. The franchise remains a reserved matter of the UK Government in Westminster. The Scottish Parliamentà ¢Ã¢â€š ¬Ã¢â€ž ¢s devolved power over elections is generally limited by the Scotland Act 1998. à ¢Ã¢â€š ¬Ã‹Å"The Scotland Act 2012 devolves more power concerning the administration of elections, but does not grant authority to legislate on the extent of voting rights within Scotland.à ¢Ã¢â€š ¬Ã‹Å"[12] In Summary The Presiding Officer would not be able to certify the amendments to the Franchise Act, which states that the words à ¢Ã¢â€š ¬Ã‹Å"aged 16 or overà ¢Ã¢â€š ¬Ã¢â€ž ¢ in section 2(1)(a) of the Franchise Act are to be repealed and replaced with à ¢Ã¢â€š ¬Ã‹Å"aged 18 or overà ¢Ã¢â€š ¬Ã¢â€ž ¢.The Scottish Government as mentioned previously do not have the power to do so. Only the Government in Westminster would be able to change this as this is a reserved power. Moreover as stated the 16 to 17 year olds would make up some 3% or so of the electorate eligible to vote. By removing their vote it would theoretically not give the à ¢Ã¢â€š ¬Ã‹Å"YESà ¢Ã¢ ‚ ¬Ã¢â€ž ¢ vote the majority that they say it would get. Even so, this will be the first time young voters aged under 18 years old would take part in a major public ballot in Scotland or indeed anywhere in the UK. Assume that the no vote stands. The UK Parliament enacts new legislation providing that any further devolution of legislative competence to the Scottish Parliament, Welsh Assembly or Northern Ireland Assembly must first be approved by a vote in each devolved legislature and by a two thirds majority at third reading in each House of Parliament. Subsequently an Act is passed which,inter alia, makes some minor adjustments to Sch 5, Part 2, Head D of the Scotland Act 1998, which has the effect of giving the Scottish Parliament and Scottish Government increased competence in relation to renewable energy. The Scottish Parliament has agreed to the change, but neither the Welsh Assembly nor the Northern Ireland Assembly has been consulted, nor did the Act receive a two thirds majority at third reading in either House of Parliament. Advise the Scottish Government whether it is legally entitled to act on the new powers. To fully advise the Scottish Government on whether it is legally entitled to act on the new powers we need to first understand how new legislation is brought to power. The Scottish Parliament, Northern Ireland or Welsh Assembly all have different devolved powers.[13] Scotlandà ¢Ã¢â€š ¬Ã¢â€ž ¢s powers include policing and criminal justice; Northern Assembly donà ¢Ã¢â€š ¬Ã¢â€ž ¢t up till now have these powers. Both Scotland and Northern Ireland have decentralised control, which allows them to legislate on any other matter that has not been specifically acknowledged or reserved to Westminster. Wales, however has much more limited legislative powers. Walesà ¢Ã¢â€š ¬Ã¢â€ž ¢s assembly has powers ony over areas that have been specifically given to them by Westminster. [14]Due to this it would be difficult for each devolved legislature to vote on devolution powers they may not have any control over. The UK Parliament has the overall say in what becomes law and what does not. The U K Parliament does not need the devolved legislature in each country to agree on what the new powers should be. Even though the Irish and Welsh Assemblies have not agreed on the act, the UK Parliament have passed the act. The UK parliament have overall say on what occurs. Therefore as stated the act has been passed. Renewable energy is generally reserved matter for the UK Government as set out in the Scotland Act 1998[15]. However by passing the law it has allowed the Scottish Parliament more power over this. Due to this the Scottish Government can act on its new powers. This is due to the fact that the UK has overall say in what powers are given to each parliament/assembly. In summary there is no need for all the devolved legislators to vote on the passing of a bill, as the UK Government has he final say. Scotland therefore has the right to use the new powers as they see fit. [1] https://www.scotland.gov.uk/About/Government/concordats/Referendum-on-independence [2] https://ukconstitutionallaw.org/tag/scotland-act-1998/ [3] A.V. Dicey Introduction to the Study of the Law of the Constitution (1885) [4] S29 SA 1998 [5] Sch 5, Part 1, para 5A of the Scotland Act 1998 [6] https://www.scotland.gov.uk/About/Government/concordats/Referendum-on-independence#The Scottish Parliamentary franchise [7]  https://www.bbc.com/news/uk-northern-ireland-19962267 [8] Scotcen Will 16 and 17 year olds make a difference in the referendum? https://www.legislation.gov.uk/asp/2013/14/enacted [9] https://www.scotcen.org.uk/media/205540/131129_will-16-and-17-years-olds-make-a-difference.pdf [10] This calculation is based on the mid-2012 population estimates available at https://www.groscotland.gov.uk/files2/stats/population-estimates/mid2012/mid-2011-2012-pop-est.pdf. The procedure to be used in registering 16 and 17 year olds is laid out in the Scot tish Independence Referendum (Franchise) Act 2013. See https://www.scottish.parliament.uk/parliamentarybusiness/Bills/60464.aspx. [11] Scotlan act 1998 https://www.legislation.gov.uk/ukpga/1998/46/section/30 [12] Heather Green: Prisoners and Other People: the Right to Vote in the Scottish Independence Referendum (Franchise) Bill https://www.scottishconstitutionalfutures.org/OpinionandAnalysis/ViewBlogPost/tabid/1767/articleType/ArticleView/articleId/1951/Heather-Green-Prisoners-and-Other-People-the-Right-to-Vote-in-the-Scottish-Independence-Referendum-Franchise-Bill.aspx [13] Division of Powers -https://extranet.cor.europa.eu/divisionpowers/countries/MembersLP/UK/Pages/default.aspx [14] Governance of Wales: Who is responsible for what? https://www.assemblywales.org/abthome/role-of-assembly-how-it-works/governance-of-wales.htm [15] https://ukconstitutionallaw.org/tag/scotland-act-1998/

Essay on White-Collar Crime Vs. Street Crime - 1070 Words

Most everyone goes home after a long day of work and watches the news. Think, what is usually reported? The weather, local activities, headline news, or daily criminal activity. Shootings, stabbings, homicides, etc. are all discussed by media anchors these days. This causes most everyone in our society to become familiar with crimes that are considered street crimes. What most people don’t hear about on the news is what is considered white-collar crime, sometimes known as corporate crime. White-collar crime not only is less reported in the media but also receives weaker punishments than street crime. This paper will first discuss the similarities between the two types of crime and then explain why their punishments are strongly†¦show more content†¦Organizational crime is criminal actions taken by large groups such as companies, businesses, or organizations. White-collar criminals are responsible for more deaths per year than all murderers combined (Barkan, 201 2). Overall, white-collar criminals are less easily detected by law enforcement than street criminals. There are, in fact, similarities between street crime and white-collar crime. Both commit criminal acts (usually in this case it involves stealing or some type of fraud) and they both commit these acts of violence when the opportunity presents itself (Barkan, 2012). But it is the differences that make these two types of crime so distinct. The following case is one of the most famous white-collar crime cases known to date. Enron Corporation was an American energy company based out of Houston, Texas. Kenneth Lay formed Enron in 1985 after a huge merger. Over time Enron’s Chief Financial Officer (CFO) and other corporate executives misled auditors and the board of directors in major financial transactions. Thus, $11 million dollars was lost by shareholders after Enron’s stocks dramatically fell in the end of 2001. Enron was then bankrupt. 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Advanced English Free Essays

Malaysian born Azrul Mohd Khalib writes frequently on issues affecting his native land. He is currently working in the issues related on HIV/AIDS, sex and human rights. He has written many articles in one of the daily email news website called â€Å"The Malaysian Insider†. We will write a custom essay sample on Advanced English or any similar topic only for you Order Now His articles have also appeared in the Malaysiakini, the article â€Å"Baby-Dumping: Killing the mothers won’t solve any problem†, â€Å"Ramadan a time to be considerate†, â€Å"Law still fuzzy on marital rape† as well as â€Å"not impossible for teens to be having sex† and etc. He has currently runs and battling an addiction to the â€Å"A Song of Ice and Fire† book series. Azrul Mohd Khalib has written many articles in the Malaysiakini in its letters section. The Malaysiakini is a political news website that has been widely considered to be one of the leading non-government owned paid-news agencies in Malaysia. Its news coverage concentrates mainly on local events, with a strong emphasis on items related to Malaysian politics, and also publishes columns, readers’ opinions in its letters section which claims to practice an editorial policy that is consistently supportive of justice, human rights, democracy, freedom of speech and good governance. And now the Malaysiakini is a voice of reasoned discussion on the letters section and not an exercising excessive editorial control on letters section. Summary The article emphasize the teenage pregnancy in Malaysia is continuously increasing from year to year and many teenage girls lost their lives because of resulting from pregnancy and not provide them necessary support for those in need. Teenage pregnancy has no self-righteousness and despised by the people and how they look at them to judge them, neglect to provide help that actually they are the victims of the issues. The author mentioned happens to teenage pregnancy in social environment and provides his personal opinions to solve the teenage pregnancy problems. According to the Ministry of Health (MOH) shows that many of the young people involved in the pregnancy. Besides that, MOH’s report show that some of the teenage pregnancy will carry her own burden and end up on the statistics of the MOH. MOH’s report also shows that some of the girls chose to commit suicide because of the cost of their lives. On the other hand, the author suggests providing the sexual reproductive health services for not just those who are married. Analysis of the presentation The author is referring to Ministry of Health (MOH) reports and attended his recent discussion which focuses on teenage pregnancy in Malaysia to present his point of view. He was not agree to look for people to blame them and outraged when read the reports of babies found buried and will moan about lack of religious and moral fibre, from the point of view of this sentence, it is show that this happens cannot be blame to those pregnancy of teenage and should find out the solutions to solve the problem. He support his point of view by giving the evidence, â€Å"These girls are victims of an environment created due to our continued neglect of issues relating to sexual health such as ensuring the availability of proper sexual reproductive health education and services. † The author state that the weaknesses of our social which aim to punish and harm but lack to provide necessary support for those in need. The author’s point of view is that our social lack of providing the necessary support to the teenage pregnancy. The author support his point of view by giving several evidence, which is â€Å"We allow people who call for hatred, discrimination and abuse on people who are gay or lesbian to give speeches to our students at schools but refuse entry to educators who talk about sex education and teaching things like how to use a condom. † The author also giving the evidence that proved his point of view, which is â€Å"The exploding numbers related to teenage pregnancy is a direct result of our society’s failure to acknowledge and address our blinkered views of sex. The author state the weaknesses of our social that no government healthcare facility offers abortion services for unwanted pregnancies or even condoms and sexual health information for singles and unmarried couples. From the point of view of this sentence, it is show that there is very few places turn to support and shelter those young women. The author state that reality of social culture in Malaysia has ready to judge f or the teenage pregnancy mistake. The author support his point of view with several evidence, which â€Å"there are more girls and teenagers living in fear as a result of an unwanted pregnancy. Most of them will increasingly resort to unsafe abortion and DIY attempts to force a miscarriage. † The author suggested underage marriage in the misguided and simplistic belief will solve the problem and this is better thing than being outside marriage. For the author’s point of view, the underage married can hide the problem. Also, the author’s point of view, there is another method which is religious convictions to improve the case of teenager pregnant. From the author’s point of view, sex education may confuse to the children with the complex messages. The author show several evidence to support his point of view, which is â€Å"â€Å"When I grew up, I didn’t need all of this and I was still able to live, marry and have kids†, a frequently comment from detractors of sex education. The author also suggested an effective way to improve the problem by providing relevant sexual reproductive health services. The author’s point of view, not just provide to those who are married but for all the young people. Author’s tone is recounting and invoking because he proves a lot of evidence to show that he really knows about the teenage pregnancy and he provide the solutions for teenage pregnancy from this article. Thus, our country should take a step and refer the facts and ways from this article to solve the problems of teenage pregnancy in our country. Response The author’s argument is practical and valid due to the author’s argument is logical and well-reasoned. In the article, the author uses the information from MOH report and the recent discussion about the causes of teenage pregnancy in Malaysia can proved that the author knew the situation of teenage pregnancy and narrates the problems in this country. Thus, he supports it by referring to his research which he more works on sex and human rights issues. The author’s argument is not objective enough to discuss the problem. He only narrates the role of teenage pregnancy happens in this country and not provide strong enough negative arguments to debate his own opinion. Besides that, the author wrote several causes in this article. He approached the causes happens and he described with the example of imagination. Apart from that, the author knew that the world is realistic to dealing with this issue of sex. He supports it by referring the MOH report and news from nowadays and the case happens to the young girls who went to commit suicide. Even though the article is not objective enough, however, the author provide the information is sufficient to convince the readers, education system, parents and government which not only belief in their own personal religious conviction, but government have to take an action to improving the teenage pregnancy. The argument is credible because the author, Azrul Mohd Khalib,his essays have generally posted in the MalaysiaKini, The MalaysianInsider, and The New Strait Times. He had works for sex and human rights issues for many years. This article was released at Monday, 12 of Nov 2012 in the Malaysian Insider. Malaysian Insider is a website that covers the issues of the day, politics, business, lifestyle, sports and entertainment that showcasing issues and opinions of reports analyses view to us. Besides that, the author uses his works on sex issues in long time research experiences, Ministry of Health reports and recent discussion of this issue that prove the evidence in the article, which show that the author’s argument is credible enough to the audience and has the experience of reporting the sex and human rights issues. Conclusion In conclusion, this article has been well written by the author and has high reliability. As a reader, I think that this article is very useful especially for the government, parents and education system to concern about the social’s role in the teenage pregnancy problems happens in our surrounding. I would like to recommend this article to several intended audience like teachers and schools and government because they are the main person can solve those social’s role in the teenage pregnancy problems in the future. After reading this article, government should be able to provide effective solutions and trying their best in several ways to help teenage pregnancy in social life problems. How to cite Advanced English, Papers