Monarchial constitution Essay Example for Free

Monarchial constitution Essay Under the monarchial constitution of the United Kingdom (UK), the majority of prerogative powers are now exercised by the government in the name of the Crown. There are two principle definitions of Royal Prerogative (RP); that of Sir William Blackstone and that of Professor A. V. Dicey. According to Dicey, RP is defined as the residue of arbitrary or discretionary authority, which at any given time is legally left in the hands of the Crown. RP has several defining characteristics RP is inherent to the Crown, derived from common law, exercised by the government on behalf of the crown, the powers are residual and RP legitimises government actions without the need for an Act of Parliament (AOP). Before the 17th century, the monarch had all three powers, the legislative, executive and judicial powers. The judiciary started gaining independence since the Case of Prohibitions 1607 and was fully independent after the Act of Settlement 1700, which effectively removed the power of the monarch to remove a judge at will. The independence of the legislature started with the Case of Proclamation 1611 and culminated in the Bill of Rights 1689, which curbed future arbitrary behaviour of the monarch and guaranteed Parliament’s power vis a vis the Crown. With these changes made to the UK constitution and as support grew for a democratic government, RP seemed out of place in the hands of the monarch and was slowly transferred into the hands of the government to be used in the name of the Crown. It is possible for RP to be codified i.e incorporated into an AOP, as can be seen from the Constitutional Reform and Governance Act 2010 (CRGA). The CRGA codified several RPs, such as the RP to ratify treaties. The codification of RP meant that it would be under Parliamentary control and not the Executive. In the UK today, the UK government makes certain decisions based on the RP if they are not covered under any statutes. However, there have been several cases regarding the use of RP brought to the courts, spearheaded by Darnels case as well as the Case of Ship Money. The fact that these cases could be judged by the courts showed that the government (on behalf of the monarch) could exercise the prerogative power granted by the courts. Therefore, the courts have the power to determine whether that prerogative power exists and the extent of the power exercised by the government. Codifying the RP ensures that courts would not have the power to determine its existence, as they are unable to determine the validity of an AOP, as directed by Lord Reid in Pickin v British Railways Board. It would also prevent conflicts with statutes, as well as promote greater certainty and accessibility in the law. However, codifying the RP would make it more rigid, which may affect the reflexes of the government in responding to situations which are time-sensitive. Nevertheless, the current practice of the UK government with regards to such RP would be to consult Parliament first. Thus, it would be desirable to codify the RP. The RP has always been a part of common law in the UK Constitution. In the Case of Proclamation 1611, then King James I declared two royal proclamations without the consent of Parliament. When the case was brought before the court, Lord Coke held that ‘the King hath no prerogative, but that which the law of the land allows him’, meaning that the King could only exercise the prerogative power granted by the courts. Following the judgment, there were several cases which involved the use of the RP which the courts upheld. In Darnels case, the Defendant was imprisoned due to a warrant issued from the King in which there was no reason for the imprisonment. The court held that the arrest was valid as this was the exercise of the monarch’s prerogative power to arrest. The Case of Ship Money also exemplified how the court could decide if use of RP was legitimate. Hampden had refused to pay taxes to the King, upon his RP to raise revenue in an emergency situation. The court subsequently upheld the power of the Crown. Lastly, the judgment in Lord Advocate v University of Aberdeen upheld the RP that things lost, abandoned or ownerless belongs to the Crown. However, the courts have also held several decisions which restricted the RP. In BBC v Johns, BBC claimed there was a prerogative to grant immunity to them so as to avoid paying taxes. This case was famous for the dictum of Lord Diplock who stated that it is â€Å"350 years and a civil war too late for the Queen’s courts to broaden the prerogative†. Some feel that the exercise of prerogative powers was outside judicial review. Lord Devlin (in Chandler v DPP) agreed, but in his obiter statement stated that the courts will not review the proper exercise of discretionary power but they will intervene to correct excess or abuse. Despite this, not all prerogative powers are subjected to judicial review, the reviewability is dependent on its subject matter and not the source of power. In the GCHQ case, Lord Roskill mentioned that â€Å"Prerogative powers such as those relating to the making of treaties, the defence of the realm, the prerogative of mercy†¦ are not, I think, subjected to judicial review because of their nature and subject matter is such as not to be amendable to the judicial process†. Thus, with RPs, courts would have the ability to judge whether they are implemented legitimately or not, dependent on the scope of the prerogative in question, but in the case regarding AOP, courts would not be able to question its validity, as stated by Lord Reid in Pickin (as above). This would be desirable as it would smoothen the relations between the Judiciary and Executive, with fewer conflicts between them. There are also situations whereby RP will be in conflict with statutes. As such, the Crown would not be able to exercise the prerogative power due to the doctrine of Parliamentary Sovereignty. In AG v De Keysers Royal Hotel, the Crown used the Royal Hotel during the First World War and the hotel later claimed for compensation under Defence Act 1842. Although the Crown argued that no compensation should be paid since there was an RP to acquire any land of the subject during wartime, the court held that when the statutory power and prerogative power co-existed, statutory power would override that of prerogative. Similarly, in R v Secretary of State for the Home Department, ex parte Fire Brigades Union, the Criminal Injuries Compensation Scheme set up under Ministerial Prerogative powers was used instead of the Criminal Justice Act 1988, so as to save money by awarding less compensation. The court held that if there is a statutory scheme, it cannot be replaced by the RP. To prevent these scenarios from happening, Parliament has taken steps in recent years to incorporate some RP into statutes. For example, the Treasure Act 1996 states that the prerogative right of treasure trove has been abolished and replaced by this Act. The Human Rights Act 1998 protects citizens against arbitrary use of prerogatives, and the Fixed-Term Parliament Act 2011 has incorporated the RP of dissolution of Parliament. Hence with these recent developments, RP will be in less conflict with AOPs and more consistent with them, enabling them to be more certain and accessible to the public. There are naysayers of codifying the RP that argue that such an act would increase the rigidity of the process to achieve the intended result. Indeed, this is true as can be seen in the prerogative to declare war on other countries. For such a result, the government would need the operational flexibility and speed of deployment that the RP provides. By incorporating it into a statute, not only will the efficiency of the government be reduced, excess publicity that the AOP will bring would undermine the success of the operation. In addition, there will be situations where the government cannot await Parliamentary approval due to time constraints. Be that as it may, in practice, the government in modern times have looked for Parliament’s approval regarding the issue of war. In 2006, then Prime Minister Tony Blair, following his own vote over Iraq in 2003, acknowledged that he could not conceive of a situation in which a government is going to go to war except in the circumstances where immediate action is required without a full Parliamentary debate. The Iraq war vote was a significant precedent that Parliament should give its approval regarding such matters. Following which, Prime Minister David Cameron in 2011 held a Parliamentary debate on whether UK should establish a no-fly zone in Libya after the outbreak of military action. Lastly, in September 2013, a Parliamentary debate was called to discuss the possible military intervention in Syria after chemical weapons were allegedly used on civilians. By calling a vote, the government was ensuring continuing adherence to the practice that Parliament should have a say in such issues. Hence, even if codifying the RP does increase rigidity, the process of ensuring Parliament’s approval is already established. Some might feel that codifying the RP would be sacrificing UK history as they would be forgoing part of their culture which makes their unwritten constitution unique in today’s world (inclusive of New Zealand and Israel). Nevertheless, the RP is considered by many to be an outdated power and is such an important one that it should not bypass democratic representation.

ford motor company :: essays research papers

FORD and e-STEEL Enter Into Multi-Year e-Commerce Agreement Automotive Leader to Use Leading Online Steel Exchange to e-Enable Major Web-based, Global Value Chain Purchasing Initiative Dearborn, Mich., and New York, NY — Business Wire — May 17, 2000 — Ford Motor Company (NYSE: F), and e-STEEL Corporation, the leading negotiation-based e-Commerce exchange for the global steel industry, today announced an initiative to e-enable complex procurement programs with the automaker's global Tier 1 suppliers. This relationship includes an equity incentive program that will earn the carmaker a minority equity stake in e-STEEL. Ford selected e-STEEL (www.e-steel.com) to provide the steel-specific knowledge and functionality required to rapidly launch a steel e-Commerce procurement system to maximize efficiency and operational savings. Approximately 4-5 million tons of steel and steel-related products will be purchased via e-STEEL for metal stamping suppliers over the course of this contract. The scope of the alliance covers the automaker's steel order fulfillment processing, claims, financial controls, and audit reporting throughout its global manufacturing and assembly operations. "Ford Motor Company has confidence in e-STEEL's ability to deliver this Internet-based solution across its entire Tier 1 steel and metal stamping value chain, both in North America and Europe, within the next few months," said Andrew Hinkly, Director, Raw Material Purchasing, Ford Motor Company. "We selected e-STEEL as our partner due to their expertise in steel procurement systems, their efficient e-business tools such as STEELDIRECTâ„ ¢, and their existing broad coverage of our steel supply base," added Hinkly. "These inherent strengths, and their results-driven management team, will lead to a successful implementation of this program." "The mutual focus of the Ford/e-STEEL alliance is that value is job 1, " said e-STEEL Founder, Chairman, and CEO Michael S. Levin. "Our ValueTrackâ„ ¢ process and speed-to-solutions approach will accelerate Ford and its suppliers' ability to realize substantial operational savings from this program. We are thrilled that Ford Motor Company, which is one of the most innovative global companies, selected e-STEEL for this important initiative." TOP The automaker expects the members of its steel supply chain to realize cost benefits from efficiencies gained by participating in this program. Ford anticipates the volumes of steel transacted through the program to grow significantly during the next 12 months. At present, the Ford/e-STEEL alliance is limited in scope to this program for Ford's purchases, and the millions of tons of steel products a year. In addition to this alliance, e-STEEL recently announced that it also secured strong strategic alliances with three of Ford's major steel suppliers, and recent Ford World Excellence Award winners, U.

Race and Ethnicity Paper Essay

I was born and raised in China. I would come to self – identify with the Chinese people. My roots allow me to be classified as Asian. Mandarin and Cantonese are languages I have learned to speak and read. These languages also help to identify me as Chinese. What is race? Race defines who we are. We look at people and experiences through race and culture. Both of my parents are introverted in personalities. They are soft spoken because they once lived under the fears of Communism. They taught me not to speak inappropriate things to other people. This prevented much trouble from occurring. I have been taught by the spoken and unspoken ways of my parents and teachers to utilize my race as the social lens through which I can value people and experiences. My parents shaped me early on life to not speak out about Chinese Politics. They taught me that Chinese plays a role in my cultural identification. Through generations of racial modeling, my parents passed on these oppressive limitations. What make me Chinese? What are the characteristic of a Chinese person? I really don’t know. Other identifying me as a Chinese by my skin color, hair, eyes, height, other appearance features, and the language I speak, and where I come from. I’m a quiet person in school, and when I have questions or I need help on my subjects, I hesitate to raise my hand. Since my freshman year I have been like this. I’m represented as a workaholic Chinese. I turn in every assignment and on time, for this reason, they identified me as an Asian, because of the stereotypes placed on Asians my behavior and attitude contributed to people’s reasoning. My ethnic identification exposed me to a cultural clash. For example, we had a critical thinking class last year, for summer camp. We read an article in our class, part of the paragraph described a Chinese person taking a sample food. He liked it because it was free. Therefore, the rest of the class considered Chinese people to be greedy. People always judge us by our conversations, actions and jokes. We do not need such a race consciousness in order to know who we are. It is hard to identify one’s self. It shouldn’t be based on where you were born, where you come from or the color of your skin. I don’t want to be a Chinese nor any other ethnic background. If an American gave birth to her offspring in China, and her baby was raised there they may face the same cultural biases as I have. The baby would probably speak Chinese, use chopsticks, and dress like a Chinese person, but that does not make them Chinese. Racism will never end unless the word race is not used any more. We must stop separating Chinese, American, and Mexican groups.

How Do Engineers Create New Devices - 993 Words

Engineering is a wide field of study that divides into all the different categories like electrical, mechanical, chemical, petroleum, and the best for the last computer engineering. what does engineering mean you may ask? Scott Cahall defines Engineering as [T]he art of applying science, mathematics, and creativity to solve technological problems.We can see how technology is so important to us these days it is even awkward if you are in the elevator and your phone runs out of charge. This is what Alex Tasic said about the power of technology The capability of a computer gives us so much freedom and power to become as smart as we want and makes communication a lot easier. Technology is one of the important factors of our lifestyle nowadays and to continue developing this technology we need to understand the hard work of the engineering field. How do engineers create new devices? And how do they transfer these ideas into paper? and then into a real project? How many engineers work in making one single device? All those questions can be answered by Cahall all this process starts by analyzing the problem. For example charging your phone most of the time we forget our chargers and then we start panicking about how we can t charge the phone because we can t text our friends or we can t watch the new video on Youtube. for Engineers they take this problem and they analyze it. During the analyzation, Engineers need to do some research, to check if anyone had tried theShow MoreRelatedDesigning And Inventing New Technologies Essay1619 Words   |  7 PagesWhen it comes down to being an engineer, many people think it is all about designing and inventing new technologies. In reality, an engineer must be able to do many things in order to be a good one. Some of these things are drawing and designing, being imaginative and creative, being logical, and exploring every possible outcome. But one of the most important things an engineer must be able to do is combine all of the se skills whilst also keeping the cost to produce their invention as low as possibleRead MoreCareer Research Paper : Career1444 Words   |  6 PagesEDUC 1300 10/25/2016 Career Research Paper The career I chose to undertake as my profession is that of a mechanical engineer. Why do I want to become a mechanical engineer? Well, for starters, I would be able to design, build and possibly repair many various machines and other technologies that are complex. These technologies can range from being already in use on a global scale to new, futuristic designs that are highly technical. Also, this career includes being a sort of jack-of-all-trades, whereRead MoreMy Dream To Become An Electrical Engineer1301 Words   |  6 Pagesjob is to become an electrical engineer one day because I find interest in circuits and building electronic devices. When I was a young boy my dream not to be an electric engineer but something more along the lines of being a cook; however, that dream was short lived because my interest of being able to cook changed over as I got older and became interested in electronics. The way electronics work is simply amusing to me because I could not understand how the devices were operating, and honestly IRead MoreComputer Hardware Engineering : The Advancement Of Technology1246 Words   |  5 PagesComputer engineers are working every day to make technology better. Computer engineers work with lots of electrical components, require very little schooling, and make a very decent amount of money. Computer engineers do a majority of their work with electrical components such as computers and other similar devices. Computer engineers determine security features for components (Institute for Career Research).They participate in design and development of various hardware. Create blueprints of new or modifiedRead MoreWhat It Takes to Become a Computer Engineer Essay1421 Words   |  6 Pagessomeone has to create the program to run the device. That’s were computer engineers come in. The field itself branches off into many fields including cybersecurity, networking, computer software, computer hardware. They have the difficult task of designing the body and mind of the computer. Computer engineering is an ever-growing field that makes computers smaller, faster, and more efficient creating a more high tech environment for society. Computer engineering is a relatively new career comparedRead MoreComputer Engineering : Science And Electrical Engineering1665 Words   |  7 Pagesrequired computer engineers. Computer engineering is the bridge between computer science and electrical engineering, it is where the heart of most modern technology is created and developed. With the emergence of personal computing and the every day growing demand for more in our technology, computer engineers rise to the challenge. â€Å"Computer hardware engineers research, design, develop, and test computer systems and components such as processors, circuit boards, memory devices, networks, and routersRead MoreComputer Hardware Engineering1185 Words   |  5 PagesComputer Hardware Engineering Computer hardware engineers research, develop, and test computer systems and components such as processors, circuit boards, memory devices, and many more (Bureau of Labor Statistics). They design new computer hardware, create blueprints of computer equipment to be built. Test the completed models of the computer hardware that they design. Update existing equipment so that it will work will new software. Oversee the manufacturing process for the computer hardware. MaintainRead MoreArtificial Intelligence And Science For Knowledge1639 Words   |  7 PagesEngineering is a study of mathematics and science for knowledge on how to improve man-kind. Artificial Intelligence is a substructure of Engineering where it takes that knowledge of the engineers to improve the training thought of a device with less human interaction. Software, Mechanical, and Robotics, to name a few,are areas where Artificial Intelligence is being used. The way artificial Intelligence has evolved through the yea rs, it has even been able to challenge humans into improving muchRead MoreMechanical Engineering And Its Purpose1661 Words   |  7 Pagesmechanical movements to create technology and inventions is key to the process of mechanical engineering. Ever since prehistoric times, objects have been mechanically engineered to benefit mankind. This made life easier and more efficient as simple inventions went on to create more complex ones. These inventions use the 5 basic mechanical movements which are the lever, the wheel and axle, the pulley, the inclined plane and wedge, and the screw. Archimedes, a famous Greek engineer, created a screw thatRead MoreThe Internet Of Things ( Iot And The Internet1141 Words   |  5 Pagescurrent trend in cyber security, known as the internet of things (IoT), covers the boundaries of the net to include an extensive range of computing devices. Linking a wide array of IoT devices to the Internet presents many challenges. Due to the gathered data being exp osed to a widespread amount of internet users, the main challenge is security. Most IoT devices on the market are low-tier and have limited functionality, because of this, many standard security strategies cannot be implemented to secure