Abstract
This paper questions whether the "Council of Civil Service Unions v Minister for Civil Service" (or GCHQ) case still has a great deal to teach us about judicial review. It examines the existing grounds of judicial review with respect to the GCHQ case, namely, illegality, irrationality and procedural impropriety. The paper shows that they are extremely developed and that they contribute to making the process of judicial review more accessible.

From the Paper
"By illegality, he meant that 'the decision-maker must understand correctly the law that regulates his decision-making power and must give effect to it.' The courts may intervene and rule an action or a decision illegal if it is "ultra vires" i.e. the public body or officer performing it had no power to take such action or they exceeded their power. Moreover, an exercise of power which runs counter to the policy and objectives of the empowering Act or defeats the purpose for which power was given is also deemed to be illegal. There are various principles which fall under this head: (a) Relevant/Irrelevant Considerations, (b) Fiduciary Duty, (c) Fettering of Discretion, (d) Improper Purpose, and (e) Bad Faith. In reality, this definition sheds little light on these principles under its head. We will briefly cover these principles below."

Tags:legality, judges, procedure, rationality

Abstract
An examination of the the Electoral College and the support and opposition that exists for it. The author discusses the advantages and disadvantages of the Electoral College arguing that the Electoral College is the best and most systematic and fair way to run elections. Included is a background to the Electoral College and a thorough description of its formation and duties.

) Why do we have the Electoral College?

2) The Founding Fathers disputed how the president would be chosen

i) By direct vote of the people

ii) By Congress

b) Compromised with the Electoral College

c) Thesis Statement

3) Description of the Electoral College

a) How many there are

b) How they are chosen

c) How the people vote for them

d) How the President is voted for

4) The Electoral College has opposition

a) Electors don?t have to vote the way they pledged

b) There can be a tie in the Electoral College

b) The popular vote winner may lose the election

5) There can be a tie

a) How there can be a tie

b) Why it could be a problem

6) Electors don?t have to vote the way they pledged

a) The states and their penalties

b) An Example of an elector changing his mind

c) Why it could be a problem

7) The popular vote winner may be the loser

a) How it is happening in this election

b) A past example

c) Hillary?s promise to abolish the Electoral College

d) What would happen without the Electoral College

8) Oppositions solution is to abolish the Electoral College

a) Why it should be abolished

i) A possible tie

ii) Electors can change their vote

iii) The popular vote winner losing the election

b) Why the Electoral College should not be abolished

i) One problem can be fixed

ii) Another has a solution

iii) The last is not really a problem

9) A possible tie

a) Unlikely because each state would have to go a specific way

b) The solution that is already made

10) Electors can change their minds

a) Only 9 of over 18,000 have

b) It is hard to get an elector to change his or her mind

c) The solution is to pass a law

11) The minority may win the election

a) The Electoral College forces candidates to include more people than if there is no Electoral College.

b) Without it, the election would be decided by people that lived in the large cities

c) Small communities would?t be significant enough for candidates to use their campaign money

d) The majority of the US would be left out

e) Why every vote counts in the Electoral College

12) The Electoral College is the best way to run an election

a) The elector flaw can be fixed

b) There is already a solution to the tie problem

c) The majority losing is better than only letting big cities have a say in the election

From the Paper
"You don't know? What do you mean you don't know?" Gore has already won the popular vote! Three weeks later, and the US doesn't know who the 43rd president will be! Each candidate is still scrambling to get the 270 Electoral votes needed to win. But, if Gore has the most votes, why is there still a race? What are these Electoral votes? When our Founding Fathers were setting the policies for the elections, there was a debate. Some said the election of the President should come directly from the people; others said the people could not handle the responsibility, and Congress should do it. They compromised, and came up with the Electoral College. A couple hundred years later, the Electoral College is still in use, and there is support and opposition for it."

Tags:politics, voting, fair, equal

Abstract
This paper discusses the claim that smoking should not be allowed in public places. The problem of second-hand smoking as a result of smoking in public, is raised. The hazards of second-hand smoke are presented in the paper. The issue is addressed from a legislative point of view as well as from the business/company perspective. The paper provides a number of reasons why a company should endeavor to prevent smoking within its boundaries. The media's influence on public awareness of smoking and passive smoking hazards is examined.

From the Paper
"Smoking should not be allowed in public places. This is based primarily on the fact that second-hand smoke is a health hazard, but it can also be argued that allowing people to smoke in public only perpetuates the habit and encourages others to take it up, thus adding to the health hazard in the long run. The private sector is already addressing the issue on a case-by-case basis, banning smoking in the workplace in many companies. Those who believe there is a problem may create a smoke-free area for customers or workers, or workers can demand that their place of business be entirely smoke free. Still, the government should take further action to protect the public where companies do not, including in shopping areas, workplaces, theaters, restaurants, and anywhere the public gathers. Allowing smoking on the street in fact encourages smoking, and discouraging smoking should be a primary effort for the public and private sectors to reduce the health costs paid by both."

Tags:cigarette, second-hand, passive, smoke, lung, cancer, health, hazard

Abstract
This paper examines the constitution against the decisions of the Supreme Court and evaluates how the meaning of the U.S. Constitution has been shaped by the personalities, philosophies and composition of the members of the U.S. Supreme Court. The writer compares and contrasts two U.S. Supreme Court Justices with different philosophies of law and interpretation. The paper covers the theory and cites specific case examples and their impact on the United States.

From the Paper
"We live in what is supposed to be the best nation on earth. We have freedoms that many do not have and we have opportunity that many never see. This country is one that embraces diversity and personal rights. While we have all of these things we have also reached a point in our existence where there are so many people and so many diverse ideas that its difficult to sort out what is and isn't a constitutional right sometimes. The Supreme Court is often charged with making those decisions, which outs the Supreme Court in the position of not only interpreting the constitution but also shaping it as well by its decisions and rulings."

Tags:government, run, structure, parliament, president, judge, court, decide, law

Abstract
This paper discusses the Constitutional Reform Act of 2005, which enshrines in law, for the first time, a duty on government ministers to uphold the independence of the judiciary. The paper describes the history and the scope of the law, as well as its purpose. In addition, the paper discusses the Constitutional Reform Act with relation to English constitutional law and its need for reform.

From the Paper
"The scope of judicial review today is almost unrecognisable compared to that of 25 years ago, and judges are more willing to intervene to ensure that the body in question acts in a procedurally correct manner, even when such a decision may impugn on the authority of the executive. For example in the case of Anisminic Ltd v Foreign Compensation Commission , where a statutory provision seemed to exclude the courts' supervisory jurisdiction, the court, according to Wade and Forsyth, acted in a way of "total disobedience to Parliament" by recognising a broad concept of jurisdiction. Further, in the Pergau Dam case, Lord Irvine argues that the court "took away from the executive a considerable degree of autonomy" in holding that the Secretary of State's decision was unlawful. He continues arguing "it is this type of judicial activism which begins to blur the boundary between appeal and review, thereby undermining the constitutional foundations on which the courts' supervisory jurisdiction rests"."

Tags:parliament, commission, administration

Abstract
By reviewing the case of Salomon vs. Salomon the paper considers the implications of the separate legal entity theory of the corporation. The paper examines the reluctance of the courts to examine the true nature of the corporation and attribute accountability to the officers and shareholders of the company.

Outline
The Corporation
The Artificial Entity
Salomon v. Salomon & Co. Ltd
Unifying Process?
Tortious Responsibility
Tax
Gap Filling
Legislative Lifting
Consequences
Conclusion

From the Paper
"Examples of case law have shown us that the courts are not willing to allow individuals to use the corporate form to "evade a contractual or legal obligation". This has been clearly demonstrated with the preceding case law, in particular in the case of Adams v. Cape Industries where this principle has been brought to the forefront of British Company Law and practice . However, in Adams v. Cape Industries, the courts were only contending with a speculative tortious liability, here we are concerned with the principles of the company or individuals, prior to incorporation, committing a fraud and denying another of their legal rights. The question that the courts need to address in their decision making process is the timing of the fraud being committed."

Tags:tax, fraud, legislation, salomon

Abstract
This paper offers a full discussion of Acts of Parliament in the constitutional area of public order powers. Statutory powers eg: arrest for breach of peace are also referred to. The writer then relates relevant case law and links it to the argument as necessary. The paper concludes with the mpact of political influence.

From the Paper
"Problems with this question first occur when merely trying to define the terms given. We assume that "law" is a reference to either Statutory or the Common Law, and therefore the question is directing us not to consider the practical powers, in terms of resources, financing, etc., that the government award the police. (However, this essay would be incomplete without a brief analysis of the effect of these practical considerations on law-given powers, so there shall be a short section dedicated to these questions later.) By restricting our studies to England we shall also not have to consider the specific public order problems faced, especially in respect to parades, in Northern Ireland, and we shall assume again that the term "police" refers to the public police, not private policing relying on civil powers or indeed unofficial ?self-policing.?"

Tags:constitutional, disorder, english, influence, law, order, police, political, powers, public

Abstract
This paper compares the decisions of the Divisional Court and the Court of Appeal in R v Ministry of Defence ex parte Smith [1996] 2 WLR 305 with that of the European Court of Human Rights in Lustig-Prean v UK (2000) 29 EHRR 548. It discusses how the different outcomes in these cases can be chiefly explained by the approaches available to the courts in terms of reviewing State policy. It looks at why the test of 'irrationality' employed by the English courts meant that the discriminatory government policy could not be overturned and then examines why the test of 'proportionality' available to the Court of Human Rights allowed a fundamentally different outcome to be reached.

From the Paper
"Having accepted Brown LJ's assessment regarding the justifiability of the policy, both the Divisional Court and Court of Appeal considered each of the three grounds for the review application: that the policy breached Article 2 of the EC Equal Treatment Directive ; that it breached Article 8 of "irrational". Both English courts shared the view that the word "sex?" in the EC Directive should not be construed as embracing sexual orientation and should, therefore, have a meaning no broader than gender . Had they accepted the applicants? argument, the policy would have been unlawful as it would amount to direct discrimination . In the Divisional Court, Brown LJ emphasized the "unambiguous" language of the Directive, which plainly refers to discrimination of gender rather than of orientation."

Tags:abuse, discrimination, discriminatory, homosexuality, rights

Abstract
This paper examines how the doctrine of "direct effect" of EC Law is applicable in principle at least to all binding community law including EC treaties, secondary legislation and international agreements. It looks at how there are difficulties with the idea of direct effect,and limitations as to where and when it will apply, the most problematic being directives. It also shows how even though there have been extensions of this idea, as seen with horizontal and indirect effect, the principle is still not without restriction. It discusses what the limitations are and whether or not they should still be maintained.

From the Paper
"In the case of Van Gend en Loos, they imported a quantity of a chemical substance from Germany into the Netherlands, which was charged a duty supposedly higher since the EEC Treaty came into force, contrary to Article 12. This issue was whether, on the basis of this article nationals can lay claim to any individual rights. In the Judgement, the ECJ put forward various arguments for "direct effect" that the objective of the EEC Treaty was to establish a common market. This implies more than an agreement and therefore creates mutual obligations. The preamble to this Treaty refers to not only governments but peoples, which is then confirmed by the establishment of institutions empowered with sovereign rights which effect member states and citizens. It imposes on people limitations but also confers upon them rights, and it is therefore beneficial to have these."

Tags:loos, market, marleasing, marshall, supremacy, treaty

Abstract
This paper assesses whether the traditionalist views held by Dicey, Blackstone and Jennings et al, still hold weight in contemporary Britain following enactment of the European Communities Act and the Factortame Merchant Shipping Case. It describes the traditionalist conventions, such as the enrolled bill rule, Heuston's manner and form thesis and implied repeal. It then looks at the UK court's attitude to the development of the common law in relation to these principles according to the primacy of European legislation and asks whether the British constition has been indirectly amended as a result.

From the Paper
"However, a further challenge to the traditional view has come from the UK's membership of the European Union. The European Communities Act incorporates EC law into the UK legal system providing the mechanism by which EC law is incorporated, gives powers to government to implement EC law, provides that UK courts should interpret all legislation to avoid conflict and that they should determine disputes in accordance with the principles laid down by the European Court of Justice. It is the final point that has the strongest implications, in that the ECJ has decided in Internationale Handelsgesellschaft that EC law takes priority over incompatible national law. The principle was to be upheld in the Factortame case , where the House of Lords disapplied the Merchant Shipping Act when granting interim relief to Spanish fishermen in breach of UK law."

Tags:constititution, dicey, ecj, handelsgesellschaft, jennings, repeal, rights