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Declaration Of Incompatibility
A declaration of incompatibility in UK constitutional law is a declaration issued by a United Kingdom judge that a statute is incompatible with the European Convention of Human Rights under the Human Rights Act 1998 section 4. This is a central part of UK constitutional law. Very few declarations of incompatibility have been issued, in comparison to the number of challenges. Human rights in the United Kingdom Section 3(1) of the Human Rights Act 1998 reads as follows: "So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights". Where the court determines a piece of legislation is inconsistent with the Convention rights, the court can issue a declaration of incompatibility under section 4 of the Human Rights Act 1998. However, the declaration of incompatibility is often seen as a last resort as the judiciary will attempt to interpret primary legislation as being compatible. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
UK Constitutional Law
The United Kingdom constitutional law concerns the governance of the United Kingdom of Great Britain and Northern Ireland. With the oldest continuous political system on Earth, the British constitution is not contained in a single code but principles have emerged over centuries from common law statute, case law, political conventions and social consensus. In 1215, Magna Carta required the King to call "common counsel" or Parliament, hold courts in a fixed place, guarantee fair trials, guarantee free movement of people, free the church from the state, and it enshrined the rights of "common" people to use the land. After the English Civil War and the Glorious Revolution 1688, Parliament won supremacy over the monarch, the church and the courts, and the Bill of Rights 1689 recorded that the "election of members of Parliament ought to be free". The Act of Union 1707 unified England, Wales and Scotland, while Ireland was joined in 1800, but the Republic of Ireland formally separated b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Sexual Offences Act 2003
The Sexual Offences Act 2003 (c. 42) is an Act of the Parliament (for England and Wales). It partly replaced the Sexual Offences Act 1956 with more specific and explicit wording. It also created several new offences such as non-consensual voyeurism, assault by penetration, causing a child to watch a sexual act, and penetration of any part of a corpse. It defines and sets legal guidelines for rape in English law. It is also the main legislation dealing with child sexual abuse. The corresponding legislation in Scotland is the Sexual Offences (Scotland) Act 2009 and in Northern Ireland the Sexual Offences (Northern Ireland) Order 2008. Major changes Part I of the Act makes many changes to the sexual crimes laws in England and Wales (and to some extent Northern Ireland), almost completely replacing the Sexual Offences Act 1956. Rape Rape has been redefined from the Sexual Offences Act 1956 (amended in 1976 and 1994) to read: A person (A) commits an offence if— (a) he intenti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
A V Secretary Of State For The Home Department
''A and others v Secretary of State for the Home Department'/nowiki> UKHL 56] (also known as the ''Belmarsh 9'' case) is a UK human rights case heard before the House of Lords. It held that the indefinite detention of foreign prisoners in Belmarsh without trial under section 23 of the Anti-terrorism, Crime and Security Act 2001 was incompatible with the European Convention on Human Rights. The case should not be confused with the case '' A v Secretary of State for the Home Department (No 2)'' 005UKHL 71, which relates to the use of evidence obtained by torture in British courts. Facts The case began with nine men who challenged a decision of the Special Immigration Appeals Commission to eject them from the country on the basis that there was evidence that they threatened national security. Of the nine appellants, all except two were detained in December 2001; the others were detained in February and April 2002 respectively. All were detained under the Anti-terrorism, Cri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Welfare Reform And Pensions Act 1999
Welfare may refer to: Philosophy *Well-being (happiness, prosperity, or flourishing) of a person or group * Utility in utilitarianism * Value in value theory Economics * Utility, a general term for individual well-being in economics and decision theory ** Decision utilities, utilities as revealed by human behavior under the assumption of rationality ** Economic surplus, the total economic benefit or gains from trade provided for society * Social welfare function, a function that aggregates individual welfares to create an overall social welfare ** Social choice theory, the study of welfare aggregation * Welfare economics, the study of social well-being Government-run public aid * Welfare spending, government intervention meant to provide a minimal level of well-being and social support for all citizens * Welfare state, the concept of a government playing a key role in individual economic and social well-being Other uses * ''Welfare'' (film), a 1975 film by Frederick Wi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Social Security Contributions And Benefits Act 1992
The Social Security Contributions and Benefits Act 1992 (c. 4) is the primary legislation concerning the state retirement provision, accident insurance, statutory sick pay and maternity pay in the United Kingdom. Contents *Part I Contributions *Part II Contributory benefits *Part III Non-contributory benefits *Part IV Increases for dependants *Part V Benefit for industrial injuries *Part VI Miscellaneous provisions relating to Parts I to V *Part VII Income-related benefits *Part VIII The Social Fund *Part IX Child Benefit *Part X Christmas bonus for pensioners *Part XI Statutory sick pay *Part XII Statutory maternity pay (ss 164-171) *Part XIII General Schedules *Schedule 1 Supplementary provisions relating to contributions of Classes 1, 1A, 2 and 3. *Schedule 2 Levy of Class 4 contributions with income tax. *Schedule 3 Contribution conditions for entitlement to benefit. *Schedule 4 Rates of benefits, etc. *Schedule 5 Increase of pension where entitlement is deferred. *Sche ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
R (Hooper) V Secretary Of State For Work And Pensions
R, or r, is the eighteenth letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ar'' (pronounced ), plural ''ars''. The letter is the eighth most common letter in English and the fourth-most common consonant, after , , and . Name The name of the letter in Latin was (), following the pattern of other letters representing continuants, such as , , , , and . This name is preserved in French and many other languages. In Middle English, the name of the letter changed from to , following a pattern exhibited in many other words such as ''farm'' (compare French ) and ''star'' (compare German ). In Hiberno-English, the letter is called or , somewhat similar to ''oar'', ''ore'', ''orr''. The letter R is sometimes referred to as the 'canine letter', often rendered in English as the dog's letter. This Latin term referred to the Latin that was trilled to sound lik ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Bellinger V Bellinger
Bellinger may refer to: Names * Bellinger (given name), a masculine given name * Bellinger (surname), a surname Places * Bellinger, Wisconsin, an unincorporated community in Wisconsin, United States *Bellinger River Bellinger River, an open and Breakwater (structure), trained mature wind wave, wave dominated, estuary#Lagoon-type or bar-built, barrier estuary, is located in the Mid North Coast region of New South Wales, Australia. Course and features Belli ..., a river in the Mid North Coast of New South Wales, Australia. See also * Bellinger-Dutton {{disambiguation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Blood And Tarbuck V Secretary Of State For Health
Blood is a body fluid in the circulatory system of humans and other vertebrates that delivers necessary substances such as nutrients and oxygen to the Cell (biology), cells, and transports Metabolic waste, metabolic waste products away from those same cells. Blood is composed of blood cells suspended in blood plasma. Plasma, which constitutes 55% of blood fluid, is mostly water (92% by volume), and contains proteins, glucose, mineral ions, and hormones. The blood cells are mainly red blood cells (erythrocytes), white blood cells (leukocytes), and (in mammals) platelets (thrombocytes). The most abundant cells are red blood cells. These contain hemoglobin, which facilitates oxygen transport by reversibly binding to it, increasing its solubility. Gnathostomata, Jawed vertebrates have an adaptive immune system, based largely on white blood cells. White blood cells help to resist infections and parasites. Platelets are important in the Coagulation, clotting of blood. Blood is circu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
R (D) V Secretary Of State For The Home Department
R, or r, is the eighteenth letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ar'' (pronounced ), plural ''ars''. The letter is the eighth most common letter in English and the fourth-most common consonant, after , , and . Name The name of the letter in Latin was (), following the pattern of other letters representing continuants, such as , , , , and . This name is preserved in French and many other languages. In Middle English, the name of the letter changed from to , following a pattern exhibited in many other words such as ''farm'' (compare French ) and ''star'' (compare German ). In Hiberno-English, the letter is called or , somewhat similar to ''oar'', ''ore'', ''orr''. The letter R is sometimes referred to as the 'canine letter', often rendered in English as the dog's letter. This Latin term referred to the Latin that was trilled to sound lik ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Anthony Anderson (murderer)
Anthony Anderson is a British convicted murderer who is most notable for successfully challenging the home secretary's powers to set minimum terms for life sentence prisoners. Biography Legal appeals and landmark ruling On 25 November 2002, the Law Lords ruled in favour of Anderson's claim that it was incompatible with human rights for politicians to set minimum terms for life sentence prisoners, and the next day the European Court of Human Rights agreed with this decision, meaning that politicians in European countries can no longer decide the minimum length of imprisonment for anyone serving a life sentence. British politicians had already been stripped of their powers five years earlier to set minimum terms for prisoners aged under 18 after the High Court ruled that Michael Howard had acted unlawfully by deciding that the juvenile killers of toddler James Bulger should spend at least 15 years in custody. Anderson's successful challenge was a test case which affected ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
