The place of the doctrine of parliamentary sovereignty in the Essay - 1

The place of the doctrine of parliamentary sovereignty in the government of the United Kingdom has changed in recent years and the process of change will continue during the present century Discuss - Essay Example judiciary and the political branch of the government, has rendered it very important to prevent the concentration of power in any single branch of the government (Warren 6). A.V. Dicey originated the concept of parliamentary sovereignty. This doctrine was accorded considerable significance in Britain and her former colonies. The concept of parliamentary sovereignty entails two ideas. First, Parliament is the apex entity that can enact or rescind any law, irrespective of its nature. Second, no other entity can challenge or set aside a law made by the Parliament. However, the doctrine of parliamentary sovereignty has been frequently contested by judges and the legal profession in the UK, New Zealand and Australia (Warren 5). Dicey has also stated that the rule of law, eliminated uncertainty, prerogative and wide discretionary authority, and established the predominance of the standard law. Moreover, the rule of law, does not permit any entity to be exempted from the duty to obey the law (Lewans 83). Moreover, parliamentmentary sovereignty implies that Parliament can make or unmake any law irrespective of whether such a course of action breaches international laws or the principles of common law. Domestic courts, are required to enforce the laws made by Parliament (Fabunmi and Araromi, 196). In order to achieve the status of an Act, a bill has to receive a majority of the votes in the House of Commons, as well as the House of Lords. Thereafter, Royal Assent has to be accorded to this bill. In the context of the aforementioned majority of the votes, a bill becomes an Act, even if it is passed by a majority of one vote. The nature of the law passed by Parliament, irrespective of whether it is a constitutional law or an ordinary law, is not subject to any distinction (Loveland 24). This is an important facet of parliamentary sovereignty. The legislation passed under an Act of Parliament, is of equal status as legislation passed in the normal course. This important

Memorandum. The intentional infliction of emotional distress case Assignment

Memorandum. The intentional infliction of emotional distress case study - Assignment Example The relevant law to be used in this case is the intentional infliction of emotional distress. In this case, it will be determined whether Mr. Crane should be charged for intentional infliction of emotional distress on Ms. Jeffers. The case has not been filed but it is probable that Ms. Jeffers will sue Mr. Crane for intentional infliction of emotional distress, particularly, his conduct was extreme and outrageous. The law states for the conduct to be extreme and outrageous, the distress must be able to affect the functionality of the plaintiff’s professional or personal life. Several cases have used the law and different interpretations have been given on the outcome of the cases. Mr. Crane’s conduct is probably not extreme and outrageous. This is because the law states that for a conduct to be regarded as extreme and outrageous, the distress is supposed to have a significant impact on the plaintiff’s professional and personal life. Mr. Crane acted out of goodwill and Ms. Jeffers interfered with the conversation between him and Christy. According to the cases discussed, it is evident that prove must be given to indicate that the defendant’s conduct was extreme and outrageous. The law states that for the defendant’s conduct to be regarded extreme and outrageous, it must be outrageous in character and extreme such that it is beyond the degree of decency. The extreme and outrageous behavior may arise from abuse of the individual or from the significant authority given to defendant (or the power he or she possesses) over the other such that he can influence his or her interests. ... Application Mr. Crane’s remarks are not enough to prove that he caused emotional distress on Ms. Jeffers. Based on the second case, it can be argued that Mr. Crane was doing his duty as a â€Å"gymnastics coach† and he knew the strengths and weaknesses of each student. Thus, in his opinion based on the performance of the student, he could give a conclusive statement about the student. Just like Mattix-Hill, conflicts of duties and interests emerged. Though Mr. Crane talked in a harsh tone, this cannot be enough to consider his conduct as extreme and outrageous. In the first case, it is clearly stated that indignities, annoyances, mere insults, petty oppressions, or even threats do not amount to be considered as extreme and outrageous conduct. Ms. Jeffers has not yet claimed that she has suffered emotional distress from the remarks made by Mr. Crane. However, if she claims, it will be important that she prove that the coach caused emotional distress as seen in all the four cases. Th e fact that Mr. Crane talked in an inhumane manner, his conduct can still be regarded as extreme and outrageous if Ms. Jeffers gives sufficient evidence. Thus, Ms. Jeffers can win the claim for intentional infliction of emotional distress. However, Mr. Crane’s conduct is probably not extreme and outrageous.