The Westminster system and the government - Free Essay Example

Sample details Pages: 3 Words: 957 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Review Did you like this example? 1. The Westminster System The Westminster System (WS) is the British structure of representative government embodied by an executive council meeting within and being accountable to the legislature. Some other elements of the WS are a supreme executive authority, the Crown which doesn’t actively play a part in government, and a self-determining judiciary. Don’t waste time! Our writers will create an original "The Westminster system and the government" essay for you Create order Executive and legislative powers are not separate. It is called the WS because the British Parliament sits at Westminster which is part London. The constitutions of the Australian Commonwealth and the States adopted the WS which is also acknowledged as responsible government (Butt 2004, 457). 2. Responsible Government Responsible government is a specific way of governing through its elected representatives. Under this structure, the Parliament, not the government, is elected by Australian voters. Government Members are also Parliament Members. They become the government as they have a majority of members in the House of Representatives of the Australian Parliament. Occasionally a minority government might need the support of either a smaller party or independent Members. What is central to this structure is Responsible Cabinet government in Australia, and the democratic and liberal values which are entrenched within it. 2.1 Parliament and the Election of the Government Th e democratic element in the structure of the Australian government is the voters elect the Members of Parliament these Members then select the government. Under the WS the government is in the form of the Cabinet which is made up of the Prime Minister and Ministers who are drawn from the Government Members. 2.2 Parliament and the System of Responsible Government The Liberal element in the structure is that the government is held accountable to the Australian people. The Government is responsible to the Parliament not only for its actions but also for the government’s administrative arm (public service). The Government accountability is to the voters through periodic elections and is reinforced by procedures of the Parliament, and checks on the government executive branch and its bureaucracy. 2.3 Parliament and Ministerial Responsibility Individual ministerial responsibility is that Ministers are responsible to the Parliament not only for their actions but also fo r those of their departments. In the event of improprieties or maladministration’s a Minister should resign. A collective ministerial responsibility is when all Ministers must take responsibility for Cabinet decisions. A Minister that disagrees publicly with cabinet decisions should resign from the Ministry first. 2.4 The Australian model of the Westminster System The drafters of the Australian Constitution made two important modifications to the WS. They established the Senate an elected second chamber of Parliament where each State had equal representation. The other is based on parliament’s formal procedures which disguises the exercise of power of the Parliament, and its role in regards to the government’s exercise of executive power (Woodward 2010, 73-74). 3. Head of State A feature of responsible government in Australia involves the head of state. All executive powers are allocated in the Australian Constitution to the head of state. Yet in pra ctice, these powers are implemented on the recommendation by the elected government in virtually all cases. The government bears responsibility for all the decisions and the head of state (Governor General) remains above most of the political disputes (Woodward 2010, 66-68). 4. Conventions of Westminster-style democracies Australia, unlike the United Kingdom, the constitution is a written document where some of these rules are contained. The stipulations of the Constitution contain the official rules of government. But there are areas where the Constitution is silent, political behavior is directed by established practices, usages, methods, maxims and habits most of them were received from colonial parliaments, and in turn they were received from WS (Reid 1977, 244). 4.1. Principles of Westminster-style democracies Conventions are an integral component of the Westminster-style democracies supplying the details and assisting political practice to observe the principles of responsible government. For instance, conventions cover: †¢procedures concerning the relationship involving the Prime Minister or Premier and the Cabinet, †¢the function and the responsibilities of Cabinet; †¢separation of powers; †¢relations between the Crown and the Parliament; †¢relationships between the Houses of Parliament; and †¢how budgets are appropriated (Heard 1991, 1). 4.2 Constitutional Conventions There is a variety of definitions on what establishes a constitutional convention. Mainly definitions refer back to the work of British scholar A.V. Dicey who examined the distinctions concerning the law and the numerous constitutional conventions of the Constitution (Heard 1991, p. 4). 4.2.1 Identifying the existence of a convention The questions that need to be asked: †¢what are the precedents; †¢ do the players in these precedents consider they were obligated by these rules; and †¢ is there a beneficial purpose for the rule (Jennings 1959, 159) 4.3 Australian Parliamentary Key Conventions The main conventions are: †¢governments recognise a loyal opposition; †¢ministers must answer on behalf of their departments and provide explanations if questioned; †¢ministers must not mislead Parliament – or if they do inadvertently, then they must correct the record immediately; and †¢ministers have a duty to attend Question Time, except if they have urgent business (Jaconelli 2005, 150). 5. Conclusion The WS has evolved over hundreds of years and will continue to evolve; these precedents and practices continue to play a significant role in Australia, and serve our democratic way of life well. Bibliography Butt, P 2004, Concise Australian Legal Dictionary, 3rd edn, LexisNexis Butterworths, Chatswood NSW. Heard, A. 1991, Canadian Constitutional Conventions: The Marriage of Law and Politics. Oxford University Press, Toront o. Jaconelli, J. 2005, Do Constitutional Conventions Bind? Cambridge Law Journal, 64(1), March, pp. 149-176, viewed 12 March 2014, via Google Scholar. Jennings, I. 1959, The Law and the Constitution, 5th edn, University of London Press, London. Reid, G.S. 1977, ‘Commentaries’. In Evans, G (eds) Labor and the Constitution: Essays and Commentaries on Constitutional Controversies of the Whitlam Years in Australian Government. Heinemann, Melbourne. Woodward, D., Parkin, A. and Summers, J. (eds), Government, Politics, Power and Policy in Australia, 9th Edn., Pearson, Frenchs Forest NSW. 1

The Gay Marriage Controversy Essays - 2427 Words

Marriage has been an important part of life since the Biblical times. It usually consists of the union of a man and a woman, but for gays and lesbians, it is the union of two men and two women. On June 26, 2015, the US Supreme Court ruled that the US Constitution guarantees the right for same-sex couples to marry. Many conservatives are completely against gay marriage and they have stated that they will fight to have the Supreme Court ruling overturned. Legalizing gay marriage is a very difficult issue for much of society to accept. Some of the controversies with gay marriage are religious beliefs, equal rights, legal ramifications, a fight for acceptance and the freedom to practice their lifestyles openly while society can contend†¦show more content†¦Then there are just many religions that do not recognize same-sex marriages. â€Å"In the Catholic Church, there is a strong current of dissent against the hierarchy’s active opposition to the legalization of civil marriage for same-sex couples†. (Cahill, pg. 14-17). When dealing with issues such as gay marriage, many individuals revert away from the ethics and morals that most have been brought up with. Although we can agree that our society is evolving, our strife should be for positive changes. The majority would agree that a marriage is between a man and a woman. We can contend that in gay marriage most of those morals and ethics would be non-existent; therefore, it is such a difficult issue for our society to accept. Gay marriage is an action that is in itself considered to be morally wrong by a vast majority of people. Society has so many other issues to deal with in our country, and for many, gay marriage is not on the list of priorities. The concern for these religious individuals is that the acceptance of gay marriage will tarnish their meaning of marriage. Although most people try to live by and adhere to the morals they were brought up with, others try to push the envelope for change by using words such as personal freedom and discrimination to initiate change. Jillian Keenan for example, she argues that, â€Å"While the Supreme Court and the rest of us are allShow MoreRelatedThe Controversy Of Gay Marriages Essay957 Words   |  4 PagesThe controversy of gay marriages increases in debate within the United States and continues to be a debate even in the political scene. Whether we approve or disapprove of gay marriages the United States courts may force many to follow the law even despite the fact it may jeopardize their religious beliefs. An Ashland Kentucky Clerk, Kim Davis, became a symbol of religious resistance to same sex marriages by defying to approve licenses to couples that presented in the courthouse. Kim went as farRead MoreThe Controversy Of Legalizing Gay Marriage834 Words   |  4 Pagesthey did not raise the drinking age. By pressuring, or as some say punishing, the federal government was able to use their authority to force Louisiana to coincide with the rest of the nation. More recently states are slowly but surely legalizing Gay Marriage. This is also an example of how slowly individual states are acknowledging the authority the federal government holds. In northern Belgium, citizens demanded for the government to make changes regarding the countries waste disposal practices. 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The first issue questions whether the Defense of Marriage Act (DOMA) improperly denies federal benefits to same sex couples. Another issueRead MoreSame Sex Marriage and Politics in the U.S. Essay800 Words   |  4 PagesSex Marriage has become a major issue in the United States. There are variations in opinions concerning the topic. The main concern is should same sex marriage be allowed or declared unconstitutional. Plenty of conservatives are completely against gay marriage and many of liberals are fighting for equal treatment. Many controversies and arguments have developed from this issue. There are many reasons why gay marriage should be legal or illegal. The people who oppose same sex marriage or alsoRead MoreThe Issue Of Gay Marriages1028 Words   |  5 PagesSeptember 2, 2015 The Issue Of Gay Marriages Through The Eyes Of Sociologists Gay marriages have been an ongoing event in the United States for many years. It was not until June 26, 2015 when gay marriage was legalized for all states with a five to four ratio. With gay marriage being legalized, there became many controversies in the nation. The most recent controversy was when a Kentucky county clerk was jailed after defying a federal court order to issue marriage licenses to a same-sex couple. SheRead MoreEquality for All: Gay Marriage Essay1430 Words   |  6 Pagesâ€Å"below the majority† were usually victorious. With that said, there is an inevitable future for the homosexual community to be eventually equal to everyone else. The question remains, what justifies the right for a gay couple to have the same benefits as a heterosexual couple? Gay marriage has been a wide spread issue for quite a bit of time and multiple arguments have been made as to why it should not occur, but none of them stand valid against rights provided by the constitution. M any individualsRead MoreShould Same-Sex Couples Be Allowed to Adopt? Essays838 Words   |  4 Pagesin most places which makes this dream for some impossible. This caused controversy between same-sex couples and the general public who believes that same-sex adoption should remain illegal. Ultimately, same-sex adoption should be legal. The same-sex controversy is one of the many results from the slow process of gay marriage becoming legalized in various states across the United States of America. The fight for gay marriage is predated way back to the Stonewall Riots of 1969 (â€Å"The Stonewall Riot†)Read MoreEssay on Recognizing Same-Sex Marriage1565 Words   |  7 PagesSame-Sex Marriage Same-sex marriage is a huge controversy between Americans across the Country. In thirty-three states marriage is defined as a â€Å"union between a man and a woman†. For seventeen states in the U.S. this definition has been changed because every citizen should be treated equally according to the constitution and this also violates the Equal Protection Clause. It became possible for people of the same-sex to marry when it was stated to be unconstitutional. Denying marriage is denyingRead MoreSame Sex Marriage Is Not The Law Of The Land1510 Words   |  7 PagesProfessor Lee Comp Rhetoric 2 20 October 2014 Same-Sex Marriage According to Dr. James Dobson, founder of Focus on the Family, If traditional marriage is not the law of the land, the institution of the family will cease to exist. Traditional marriage is a legal union of a man and woman as husband and wife. Inside the court rooms and outside, citizens of the United States battle out their differences between heterosexual and homosexual marriage; one reason for this is because the frequency of relationships

Pros and Cons of Social Networking free essay sample

Social networking consists of various different sites and is used throughout the world by many people. Social networking can be considered a good thing by several but those are the ones who aren’t aware of the overcoming negative sides. The negatives of social networking can cause data mining, the harming of people establishing their identities, and the invasion of privacy of citizens. Social networking’s negatives outweigh the negatives. People may not think and say that social networking is a positive, but in reality it is more negative because it hurts people who establish their identities. This means that people can be accused of something by what they saw on a social networking site. Gary Craig wrote the article Facebook, MySpace Social Media Musings Used in Court Cases, in this article it says, â€Å"But making sure that the posts belong to the person in question is crucial, â€Å" and â€Å"Lawyer Black said she’s not surprised that social media are now a breeding ground for the kinds of information helpful-or detrimental- in court cases. We will write a custom essay sample on Pros and Cons of Social Networking or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page † (Craig) This shows that social networking affects people negatively because some people might be accused falsely. Also it could be another person who made the posts and it isn’t the person from the profile and if they can’t prove it the case might result in a negative way. With this said, hurting people who establish their identity is a negative result of social networking. For those who say that social networking is positive, disagree and say that social networking actually helps people establish their identities. They are incorrect because the evidence shows that people wanting to establish their identities can be blamed and it will hurt them with establishing their identities. For this reason social networking is more negative than positive. While the public can say that social networking more positive than negative, it is indeed more negative because everything online is data mined while invading privacy. This means that any searches, or posts written online and contain certain trigger words will be data mined. According to CNBC’s video segment, Big Brother Big Business. Internet searches are kept and monitored by triggered words. Also all of your information online is kept and sold to big companies. As a result social networking is negative and people’s daily lives are affected each and everyday. The people who think that social networking is positive, disagree because they say that data mining does not exist and they still believe that each and every person still hold their privacy with everything done online. This is false because the evidence shows that data mining can intrude on peoples personal lives. This is why social networking is more negative than positive. While common people may say that social networking is a positive in our lives, it is more of a negative because it can be used to invade people’s privacy. This means that people get their phone and other information checked by others who would invade their privacy. Somini Sengupta wrote in her article Courts Divided Over Searches of Cell Phones and example of a negative of social networking and it says, â€Å"Courts have also issued divergent rulings on when and how cellphones can be inspected. An Ohio court ruled that the police needed a warrant to search a cell phone because, unlike a piece of paper that might be stuffed inside a suspect’s pocket and can be confiscated during an arrest, a cell phone may hold ‘large amounts of private data’. This shows that social networking affects people negatively because this ruling was made because of people getting their phone looked through without a warrant. People still currently do because of them not knowing that the people must obtain a warrant. As a result social networking tends to leave people’s privacy unprotected. Those people who say that social networking is positive, disagree because they say that it is not an invasion of privacy because it helps obtain information. They however, are wrong because the evidence shows that people were searching through anothers privacy without a warrant to search. This is the reason why social networking is more negative than positive. While others may say that social networking is positive, it is without a doubt negative. The main ways this is proven is by how it hurts people who establish their identities, online data mining, and it’s an invasion of privacy. Social networking has also affected the lives of many people each and everyday.

Write a detailed analysis of Michael and two of Wordsworths sonnets Essay Example

Write a detailed analysis of Michael and two of Wordsworths sonnets Essay Discuss similarities and differences between these poems and give a personal response The two Wordsworth sonnets I have chosen are It is a beauteous evening.. and The world is too much with us... I chose these because of their similarities in theme. Primarily I will discuss the content and theme of all poems individually. Starting with Michael, and later the two remaining sonnets. Michael is a long narrative poem, using blank verse. The main theme is that the city corrupts the character of people who visit it from the country. Michael and early Luke, Michaels son, portray the innocence of country folk. But when Luke is forced to go to leave, to repay a relation debt, he goes to the city, while there he partakes in illegal activity and is forced into exile. The poem explains that while in the country you are closer to nature, the closer to nature you are the closer to God you are. We will write a custom essay sample on Write a detailed analysis of Michael and two of Wordsworths sonnets specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Write a detailed analysis of Michael and two of Wordsworths sonnets specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Write a detailed analysis of Michael and two of Wordsworths sonnets specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Wordsworth wrote about a man called Michael, who was a hill farmer in the Lake Districts. Michael was essentially a good man, but there was nothing really special about him. When Wordsworth wrote the poem at the beginning of the nineteenth century it was the beginning of the Romantic Movement. Before this poems were often written about noble people such as Kings and lords. Wordsworth believed that Michaels life was just as interesting and noble as any other man. And his tragedy is worth writing about, even though its not on the scale of Macbeth or similar literature, it is sad and important enough to be written about. Wordsworth uses blank verse in Michael. This style is very rhythmic and regular, getting the reader to read it simply and plainly. Wordsworth was a very skilled man while writing, using many literary tricks. Enjambment is often used, With a few sheep and kite That overhead that overhead are sailing the sky This particular use of enjambment is used to symbolise the kite gliding through the air, gracefully. Similes are rarely used, when used they include themes and subjects not related to the story itself, but including it gives an extra theme or dimension to think of while reading, you can think of personal parallels between the poems theme and the similes included theme. E.g. Like the noise of distant bagpipers on distant highland hills. This simile brings a rustic country life into the poem, it also gives some geographical information, which is, they are fairly close to Scotland. Similes can often also in-directly describe the atmosphere. The lonely sound of the bagpipes, bellowing out sound for miles of solemn mountains surrounding it. The repetition of heart in this poem is very important, it is said five or more times, its used because of its implications, a heart is the sign for love, love for nature, and Michaels love for Luke. around the boisterous brook, this is an example of a lliteration, its here to present to the ear the sound of the brook bubbling, and boisterously flowing down the hillside. One of the main themes in the story is religion. And, when Luke is young he is closer to nature and so God, than Michael is, but as he grows older, and leaves for the city, he gets more and more aware of money, greed, lust and so on, he gets more and more corrupted, and further and further away from nature and God. In this poem nature and God are portrayed to be one and the same, using a capital letter for nature suggests its importance, yet having felt the power of Nature. When talking of the power and beauty of nature I believe it is talking of the power of God. The names Michael and Luke are Biblical, also words like covenant instead of contract are used. Which adds a religious dimension to the agreement about the building of the sheepfold. Symbolism is used often in the poem, such as the oak, the oak is obviously a part of nature, after the house has gone, and all memories of the occupants disappeared, the tree remains, nature moves on The cottage was named the Evening Star is gone- the ploughshare has been through the ground on which it stood; great changes have been wrought in all the neighbourhood: yet the oak is left. The sheepfold is also a strong symbol. When nature prevails with the tree, the sheepfold does not, the stones are there but man does not triumph, since the sheepfold, despite all efforts was never completed and the remain of the unfinished sheep-fold may be seen. The poem is narrative, the persona of the author comments on events, and describes them, as he wants. Dialogue is scarcely used, but it does appear more and more by the end, Thou must go. The dialogue is used so we can hear them, when reading their exact words our imagination pictures them. Wordsworth has given Michael a noble voice; the words used are not affected by dialect. Nay, dont take it so, I see that these are thing I need not speak. There is an example of interior monologue, strangely by Isabel, who does not appear much in this poem, I believe this monologue is there to introduce her point of view, and fears. Theres Richard Bateman she thought to herself. I believe this poem to be a very effective one, portraying its view through the means of a short story. Wordsworths range of literary skills is made obvious. They add to the interest and enjoyment for the reader. Yet I dont agree. Im sure that city goers are just as close to God as farmers are, some even closer, but one thing I do agree with, praying in an old stone church in a beautiful green valley is much nicer than praying in a dark brick chapel, in the middle of the smog of London. Not because I believe a valley is closer to God than a London street, but because of the peacefulness of the valley, its quiet there. Which gives you more opportunity to pray. Next I will discuss Tis a beauteous evening Its a sonnet. A sonnet has clearly defined rules. It has fourteen lines, an octave and a sestet. There are ten syllables in each line. There is a rhyme pattern, but poets vary this. The theme in this sonnet is of a young girl, who is walking the coast with Wordsworths persona. They look out over the sea, and the natural world. Its beautiful, and even though Wordsworths persona appreciates it more, and thanked God for it, he still thought that the young girl is closer to God than he. Beauteous, is an archaic word, and probably was the day Wordsworth wrote it, he used it because of the romance attached to it. Beauteous, it sounds so calm and loving. The next two adjectives reinforce this; they being calm and free. In the second line the holy dimension is introduced for the first time, using an adjective, which is holy and a noun, nun. Again reinforcing the calmness is the word quiet. The man is breathless with adoration at the beauty of the view. There is an use of enjambment here, broad sun, is sinking down in its tranquillity. This is used because the sun will sink regardless, it is constantly there, the sun will always rise and fall on earth. Repeatedly the calm atmosphere is strengthened, using tranquillity. The emphasis is now shifted from sight to sound. Starting the line with listen. With sound a strong theme arises; nature is everlasting, people die, ho uses crumble, and cars break down, but nature prevails. This theme is introduced through the form of the sea. Which is personified by the mighty being, its continued existence is displayed by the words eternal and everlastingly. Here is the Volta, again changing the emphasis, from the view to the child, this major shift in emphasis is purposely put here, since in after Volta the story is given, in the octave the situation is described. In this line we find out the child is a female child, it explains even though the child doesnt think of God, Untouched by solemn thought, it doesnt mean that she is therefore less di vine.