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Question: How do the conceptions of parliamentary sovereignty affect the relationship between the courts and parliament?

Answer: Together Parliament and the courts comprise the backbone of the English legal system; the common perception being that parliament initiates and codifies...

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Question: Outline the case for retention of the Monarchy within the British state. How, if at all, and why might the role of the Monarchy be changed?

Answer: For some the monarchy stands as the embodiment of unity for the British state. It remains today as a focal point of...

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Question: "The whole office of the Lord Chancellor is a heap of anomalies. He is a judge, and it is contrary to obvious principle that any part of administration should be entrusted to a judge; it is of very great moment that the Lord Chancellor, our chief judge, sits in the cabinet, and makes party speeches in the House of Lords."

(Walter Bagehot, The English Constitution, 1867).

Would the abolition of the office of Lord Chancellor resolve the anomalies that attach to the UK doctrine of the separation of powers?

Answer: The concept of the reformation of the United Kingdom's constitution occurred when the Prime Minister Tony Blair came into power in 1997...

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Question: Assume the following facts. The Labour Government is committed to the creation of regional assemblies – a policy that is strongly opposed by the Conservative Party. A Lancashire Parliament is created by the enactment of The Lancashire Parliament Act 1999. Three years later, following a General Election, the Conservative Party is returned to power with a small majority of seats in the House of Commons over the combined opposition parties. The new Prime Minister wishes to secure the repeal of the Lancashire Parliament Act 1999. It appears that, in order to establish the Lancashire Parliament on a firm footing, the Labour Government had introduced a provision in the 1999 Act-section 13- in order to forestall the possibility of its repeal.

Advise the Conservative Prime Minister (who wishes to secure the immediate repeal of the Lancashire Parliament Act) on the basis that section 13 is set out in the following alternative terms:

1) “This Act of Parliament may never be repealed”
2) “This Act of Parliament may not be repealed for a period for at least ten years from the date of its entry into force.”
3) “This Act of Parliament may be repealed only if the repealing measure gains a two-thirds majority on its third reading in the House of Commons”
4) “This Act of Parliament may only be repealed if, in addition to gaining the assent of the crown, the House of Lords, and the House of Commons, the repealing measure has the written assent of three quarters of the residents of Lancashire”

Further more, if the Lancashire Parliament Bill had contained any of the above provisions, would the Queen have been entitled to refuse the Bill of Royal Assent.

Answer: There are four different provisions given in the questions, but I think all those four provisions will end up with the same...

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Question: CASE STUDY

Ann has become pregnant at the age of 40. On the advice of her doctor she underwent an amniocentesis at Erewhon General Hospital. Claire, a doctor employed by Erewhon General Hospital to carry out diagnostic tests, negligently failed to ascertain that Ann’s foetus suffered from a chromosomal disorder indicating Down syndrome. Ann gave birth to Ben, who did in fact suffer from Down syndrome. Had Ann been advised correctly about the results of the amniocentesis she would have been given the option of a lawful abortion, and would have taken that option.

Advise Ann on her claim against Erewhon General Hospital for the full costs of bringing up and looking after Ben for the duration of his expected life i.e a wrongful birth claim, and Ben on his claim against Erewhon General Hospital for the loss he has suffered in living his life in his disabled condition i.e a wrongful life claim.

Answer: Todd (2005: 370) argues that a claim for wrongful birth involves sharply competing questions of policy and principle. The principle of distributive...

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Question: To what extent should the law concerning the recovery of damages in negligence for psychiatric illness be liberalized?

Answer: In this essay we are asked to discuss the issue of recovery of damages in negligence for psychiatric illness and to what...

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Question: The Law of Medical Negligence

Answer: One case has overshadowed medical negligence for over 40 years, Bolam v Friern Barnet Hospital Management Committee set the rules which medical...

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Question: Would A No Fault Regime be Better than the Current Negligence-Based System of Compensating Victims of Medical Accidents?

Answer: The current system of compensating victims of medical accidents is based on ‘tort law’ and proof of ‘negligence’. Tort law “concerns compensable...

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Question: Discuss the different interpretations of 'the Bolam test' (see Bolam v Friern Hospital Management Committee [1957] 2 All ER 118). Critically evaluate the impact of the Bolam test in relation to key cases, particularly with reference to the Bolitho case. (see Bolitho v City and Hackney Health Authority [1997] 4 All ER 771; or [1998] AC 232).

Answer: Throughout human history the amount of situations arising out of peoples careless or negligent acts is parallel and inevitably adjoined with man's...

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Question: Analysis of Fingerprint Evidence using Digital Imaging Techniques

Answer: Digital Imaging for Fingerprint Enhancement (DIFE) involves the conversion of a picture or image of a print into a digital file, usually...

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