scholarly journals La portée constitutionnelle du préambule de l'Acte de l'Amérique du Nord britannique

2005 ◽  
Vol 18 (1) ◽  
pp. 91-154
Author(s):  
Louis Sormany
Keyword(s):  
United Kingdom ◽  
Focal Point ◽  
Civil Liberties ◽  
British North America ◽  
The Third ◽  
The United Kingdom ◽  
Specific Analysis ◽  
The Status ◽  
The Subject ◽  
Parliamentary Supremacy

At its title indicates, the purpose of this article is to determine what the significance of the preamble of the British North America Act is; that is to say, what influence the preamble of the B.N.A. Act can have in the interpretation of that law. In the first part of this article, Mr. Sormany discusses the fundamental points necessary for the study of the subject, i.e., the formal nature of the preamble of the B.N.A. Act, the analysis of its text, and the interpretation given it by the courts. . . In the second part, he discusses the focal point of his paper — the constitutional importance of the preamble of the B.N.A. Act. More precisely, Mr. Sormany considers that the preamble of the B.N. A. Act can only have an importance that is essentially interpretation in nature. This is derived from the fact that it is no more than the preamble of a law and that, because of that, its significance is limited. Then the analysis of the text of the preamble of the B.N.A. Act makes it possible to determine the exact significance of each of its four paragraphs, and to decide which of these are susceptible of having some significance. For example, in the course of this analysis the author explains that the part of the preamble of the B.N. A. Act which mentions the Constitution of the United Kingdom implies that the Constitution of Canada incorporates the principle of the supremacy of parliamentary law, that is, a fusion of the sovereignty of parliament and of the Rule of Law. Mr. Sormany also explains why, according to him, certain parts of the preamble of the B.N.A. Act, such as the third and fourth paragraphs, are not of constitutional significance. Finally, the author completes this first section with a review of the jurisprudence relative to the preamble of the B.N.A. Act. The purpose of this review is to indicate in which cases and in what fashion the preamble of the B.N.A. Act has been invoked. Therefore, this review is not an analysis of this body of jurisprudence. The analysis of the most important cases appears in section 2. Nevertheless, this review permits one to determine that the preamble of the B.N.A. Act was not invoked only as an affirmation of certain civil liberties (Reference re Alberta Statutes,Saumur, Switzman, Hess, etc. . .) but also, for example, as a reference to the principle of parliamentary supremacy (Persons' Case), and as a recognition of the status and powers of the Lieutenant-governor (In re TheInitiative and Referendum Act). At the start of the second section, Mr. Sormany focuses on the parts of the preamble, which are susceptible of having constitutional significance in the light of his discussions in section 1. According to him, three points emerge from the preamble of the B.N. A. Act, and each of them is the subject of a sub-section. In the first sub-section, the author demonstrates that if one can perceive a reference to the theory of the pact, or to the Quebec and London Resolutions, in the preamble, then in none of its aspects can the preamble have a significance at the juridical level. On the other hand, in the second sub-section, Mr. Sormany concludes that, in spite of its apparent ambiguity, the part of the preamble which refers to the Constitution of the United Kingdom has a very important constitutional significance because it constitutes the only affirmation in the B.N.A. Act of one of its basic principles which is the principle of the supremacy of Parliamentary law. The author analyses why case law has given an entirely different significance to this part of the preamble, finding in it either an affirmation of certain civil liberties, the recognition of the status and of the powers of the Lieutenant-governor, or again, a reference to the principle of Ministerial responsibility and the independence of the courts. Finally, in the third sub-section, Mr. Sormany demonstrates that the preamble of the B.N. A. Act does not possess any constitutional significance in so far as the affirmation of the principle of federalism is concerned. This conclusion is based on the fact that the intent of the B.N.A. Act is sufficiently clear in that question and that the preamble does not add anyting in this respect. This study is thus an exhaustive analysis of the constitutional significance of the preamble of the B.N.A. Act, and it is on this basis that its originality is founded. In effect, although it is a question of a part of the B.N.A. Act which is susceptible of having some influence on constitutional law, and in spite of the declaration of principles which it makes, to date, the preamble of the B.N.A. Act has never itself been the subject of specific analysis.

Can the Commonwealth Parliament Enact “Manner and Form” Legislation?

1980 ◽  
Vol 11 (2) ◽  
pp. 167-202 ◽  
Author(s):  
George Winterton
Keyword(s):  
United Kingdom ◽  
House Of Representatives ◽  
Civil Liberties ◽  
Legislative Power ◽  
The United Kingdom ◽  
The Subject ◽  
Parliamentary Supremacy

The author considers whether the Commonwealth can enact “manner and form” legislation, especially provisions enabling the House of Representatives to enact laws which are the subject of a deadlock between the Houses, and legislation entrenching civil liberties. He argues that the legislative power of the Commonwealth has the same properties as that of the United Kingdom Parliament, which can impose “manner and form” limitations on itself; parliamentary supremacy is procedurally self-embracing. Hence, the Commonwealth Parliament can do likewise, except in so far as the Commonwealth Constitution provides to the contrary. The Constitution does prevent Parliament requiring legislation to be enacted by specified majorities in Parliament, or substituting a new legislature for the present Parliament. But the Commonwealth Parliament can enact provisions requiring legislation to be enacted in a specified form, and can establish an additional legislature for the enactment of legislation, including appropriation laws. Such legislation may be enacted pursuant to the procedure in section 57 of the Constitution, and could provide a method of avoiding a Supply crisis like that of 1975.

scholarly journals Tenure of Land in the United Kingdom and its Principal Colonies

1891 ◽  
Vol 2 ◽  
pp. 280-330
Author(s):  
Aw. H. Turnbull
Keyword(s):  
United Kingdom ◽  
The Third ◽  
The United Kingdom ◽  
The Subject

Gentlemen,—At the time you did me the honour to elect me President of your Society, I was collecting information regard-the land laws and conveyancing systems of our Australasian Colonies, and also endeavouring to master the details of the legislation for Ireland which gradually led up to the passing of the Ashbourne Act, and left us with the prospect of still more sweeping measures.It appeared to me that information on these matters could not fail to be of interest, and might be of use to you, so I determined to make them the subject of my Address, and that my paper might be more worthy of the occasion, and might better show my appreciation of the honour you have for the third time conferred on me, I decided to widen the subject and give you a sketch of the “Tenure of Land in the United Kingdom and its principal Colonies,” and in doing so to touch on cognate subjects of interest to all concerned in land as a security.

Euratom and Brexit: Could the United Kingdom Maintain One Foot in the European Union? Current Scenarios and Future Prospects of British withdrawal from the EAEC

2018 ◽  
Vol 18 (2) ◽  
pp. 134-151
Author(s):  
Andrea Circolo ◽  
Ondrej Hamuľák
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Independent Solution ◽  
Legal Regulation ◽  
The European Union ◽  
The United Kingdom ◽  
The Status ◽  
Long Time ◽  
Energy Community ◽  
The Impact

Abstract The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The ques­tion of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adop­tion of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was intro­duced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Energy Community. The presented paper offers an analysis of different variations of the interpretation and solution of the problem. It´s based on the independent solution thesis and therefore rejects an automa­tism approach. The paper and topic is important and original especially because in the multitude of scholarly writings devoted to Brexit questions, vast majority of them deals with institutional questions, the interpretation of Art. 50 of Treaty on European Union; the constitutional matters at national UK level; future relation between EU and UK and political bargaining behind such as all that. The question of impact on withdrawal on Euratom membership is somehow underrepresented. Present paper attempts to fill this gap and accelerate the scholarly debate on this matter globally, because all consequences of Brexit already have and will definitely give rise to more world-wide effects.

CAPITAL MAINTENANCE: A NEGLECTED NOTION

1987 ◽  
Vol 14 (2) ◽  
pp. 59-69 ◽  
Author(s):  
Oscar S. Gellein
Keyword(s):  
United Kingdom ◽  
Capital Maintenance ◽  
The United Kingdom ◽  
The Subject

This paper traces in descriptive fashion some of the developments of thought about capital maintenance during this century. The adverse consequences of neglecting the subject are mentioned after a basic review of the concepts. Contrasts among the theories from the United Kingdom and Ireland, Canada, Australia and other countries are also made.

Reconfiguring professional autonomy? The case of social work in the UK

2017 ◽  
Author(s):  
John Chandler ◽  
Elisabeth Berg ◽  
Marion Ellison ◽  
Jim Barry
Keyword(s):  
United Kingdom ◽  
Social Work ◽  
Social Workers ◽  
Professional Practice ◽  
Professional Autonomy ◽  
The Third ◽  
The United Kingdom ◽  
The Social ◽  
The Uk

This chapter discusses the contemporary position of social work in the United Kingdom, and in particular the challenges to what is seen as a managerial-technicist version of social work. The chapter begins with focus on the situation from the 1990s to the present day in which this version of social work takes root and flourishes. The discussion then concentrates on three different routes away from a managerial-technicist social work: the first, reconfiguring professional practice in the direction of evaluation in practice, the second ‘reclaiming social work’ on the Hackney relationship-based model and the third ‘reclaiming social work’ in a more radical, highly politicised way. Special attention is devoted to a discussion about how much autonomy the social workers have in different models, but also what kind of autonomy and for what purpose.

scholarly journals The Determinants of Charity Misconduct

2017 ◽  
Vol 47 (1) ◽  
pp. 107-125 ◽  
Author(s):  
Diarmuid McDonnell ◽  
Alasdair C. Rutherford
Keyword(s):  
Multivariate Analysis ◽  
United Kingdom ◽  
Two Dimensions ◽  
Regulatory Action ◽  
The Public ◽  
Administrative Dataset ◽  
The United Kingdom ◽  
The Subject ◽  
Public Scrutiny

Charities in the United Kingdom have been the subject of intense media, political, and public scrutiny in recent times; however, our understanding of the nature, extent, and determinants of charity misconduct is weak. Drawing upon a novel administrative dataset of 25,611 charities for the period 2006-2014 in Scotland, we develop models to predict two dimensions of charity misconduct: regulatory investigation and subsequent action. There have been 2,109 regulatory investigations of 1,566 Scottish charities over the study period, of which 31% resulted in regulatory action being taken. Complaints from members of the public are most likely to trigger an investigation, whereas the most common concerns relate to general governance and misappropriation of assets. Our multivariate analysis reveals a disconnect between the types of charities that are suspected of misconduct and those that are subject to subsequent regulatory action.

VI.—British Geological Photographs

1897 ◽  
Vol 4 (1) ◽  
pp. 31-37
Author(s):  
W. W. Watts
Keyword(s):  
United Kingdom ◽  
British Association ◽  
Large Collection ◽  
The United Kingdom ◽  
Private Control ◽  
The Subject

A year ago, by the decision of the Council of the British Association, there was sent to the Museum of Practical Geology a large collection of photographs mainly taken with a view of illustrating, in the most permanent and unbiassed way at present possible, the features and phenomena of geological interest in the United Kingdom. The project of forming such a collectionoriginated with Mr. O. W. Jeffs in 1888, when he read a paperon the subject at the British Association at Bath, in which hepointed out the utility of such a collection and the necessity for forming it. When a committee was appointed in the followingyear he undertook the management of the work, and he has carriedit ou for seven years with indefatigable industry and scrupulou scare, only relinquishing it when the size of the collection beganto exceed the capabilities of private control, and when his own lackof leisure no longer permitted him to devote the requisite time andattention to its custody.

scholarly journals The status of breeding Barn OwlsTyto albain the United Kingdom 1995–97

Bird Study ◽  
2001 ◽  
Vol 48 (1) ◽  
pp. 23-37 ◽  
Author(s):  
M.P. Toms ◽  
H.Q.P. Crick ◽  
C.R. Shawyer
Keyword(s):  
United Kingdom ◽  
The United Kingdom ◽  
The Status

scholarly journals Features of transformation of legal entities in the conditions of Brexit

2021 ◽  
pp. 531-538
Author(s):  
Olha Ovechkina
Keyword(s):  
United Kingdom ◽  
The State ◽  
Member States ◽  
Eu Member States ◽  
The United Kingdom ◽  
The Status ◽  
The Uk ◽  
Actual Location ◽  
The Eu ◽  
Legal Entities

In connection with the decision to withdraw the UK from the EU a number of companies will need to take into account that from 1 January 2021 EU law will no longer apply to the United Kingdom and will become a "third country" for EU Member States, unless the provisions of bilateral agreements or multilateral trade agreements. This means that the four European freedoms (movement of goods, services, labor and capital) will no longer apply to UK companies to the same extent as they did during the UK's EU membership. The purpose of the article is to study, first of all, the peculiarities of the influence of Great Britain's withdrawal from the European Union on the legal regulation of the status of European legal entities. Brexit results in the inability to register European companies and European economic interest groups in the UK. Such companies already registered before 01.01.2021 have the opportunity to move their place of registration to an EU Member State. These provisions are defined in Regulations 2018 (2018/1298) and Regulations 2018 (2018/1299).British companies with branches in EU Member States will now be subject to the rules applicable to third-country companies, which provide additional information on their activities. In the EU, many countries apply the criterion of actual location, which causes, among other things, the problem of non-recognition of legal entities established in the country where the criterion of incorporation is used (including the United Kingdom), at the same time as the governing bodies of such legal entities the state where the settlement criterion is applied. Therefore, to reduce the likelihood of possible non-recognition of British companies, given the location of the board of such a legal entity in the state where the residency criterion applies, it seems appropriate to consider reincarnation at the actual location of such a company. Reducing the risks of these negative consequences in connection with Brexit on cross-border activities of legal entities is possible by concluding interstate bilateral and multilateral agreements that would contain unified rules on conflict of law regulation of the status of legal entities.

Workplace and Health: A Survey of Classical Orchestral Musicians in the United Kingdom and Germany

2002 ◽  
Vol 17 (2) ◽  
pp. 83-92
Author(s):  
Beatrice S Harper
Keyword(s):  
United Kingdom ◽  
Working Conditions ◽  
Classical Music ◽  
Health And Safety ◽  
Work Related ◽  
The United Kingdom ◽  
Working Lives ◽  
The Status ◽  
The Uk ◽  
Orchestral Musicians

This article presents the results of a survey that was carried out among UK and German professional classical musicians between November 2000 and April 2001. The UK Musicians’ Union and the German musicians’ union, the Deutsche Orchester Vereinigung (DOV), assisted greatly with the duplication and distribution of the questionnaires. Selected results have been disseminated to the respondents via the UK Musicians’ Union journal, Musician. A full report will appear in Cultural Trends, to be published in 2002 by the Policy Studies Institute, London. The survey covered many aspects of musicians’ perceptions of occupational health and safety, the provision of appropriate information, their general working conditions, and their health. One of the main aims was to bring to the forefront a discussion of musicians’ working conditions and to raise awareness of the range of problems that exist. Key findings identify areas of concern to the respondents, in particular, regarding the environmental conditions of their workplaces. Additionally, findings indicate the use and effectiveness of the measures used by musicians to ameliorate a range of occupational hazards. This article also reports the respondents’ hearing problems, and which medical and alternative practitioners the sample consulted in cases of work-related ill health. The contrasting structure of the profession determined the choice of the United Kingdom and Germany for this study. The UK classical music workforce is predominantly freelance, whereas in Germany there are relatively few freelance musicians, and most orchestral musicians have the status of local government employees. One of the aims of the survey was to elicit information that might indicate whether such different conditions of employment affect the working lives of musicians. This article is organized in two parts. The first part places this survey in context and discusses the particular range of health problems highlighted by the respondents. The second part presents the survey and its findings.

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