Obsolescence

Conflict with Common Law.

Because Parliament is omnipotent (all-powerful, almighty) in the field of law, it follows that a statute may abolish any rule of common law or any criminal offence at common law.

It is obvious that the social conditions of today are vastly different from those obtaining in medieval and Tudor times. Some case law laid down in earlier times and applicable to wholly different social situations may therefore have to be disregarded on account of obsolescence.

Statute law, on the other hand, does not become obsolete on account of age. We may instance the well-known case of Asbford v. Thornton (1818), where the plaintiff asserted that a right of trial by wager of battle was available to him under a statute of Henry II. This long-forgotten statute was repealed the year after its existence was revealed by the plaintiff's application. The Treason Act, 1351, is still law despite its age, and was invoked in 1946 to prosecute a British subject for broadcasting enemy propaganda during the Second World War (Joyce v. Director of Public Prosecutions, 1946).

Though statute law does not become obsolete by reason of age, nevertheless there are some Acts which are so inappropriate to the changed conditions of today that in practice they are not enforced. The Sunday Observance Act, 1677, forbids meetings or assemblies of people out of their own parishes on the Lord's day for any sports and pastimes whatsoever. Every offender is to forfeit 4d. The Profane Oaths Act, 1745., made it an offence for any persons to curse or swear (penalty 1s. for a day labourer, common soldier, sailor, or seaman; 2s. for any person under the degree of gentleman; 3s. over the degree of gentleman). The Act was not enforced for many years, and was finally abolished by the Criminal Law Act, 1967.

  The executive branch of the United Kingdom of Great Britain and Northern Ireland

Warming-up:

1. What can you say about the form of the government in Great Britain?

2. Do you know any political parties of this country?

3. Which organ represents the executive power?

4. What did you hear about the term of elections in Great Britain?

Vocabulary notes:

majority	бiльшiсть
conventions	збори, конвенти
government policy	політика уряду
an election campaign	виборча компанiя
Polling Day	день виборів
request	запит
General Elections	загальні вибори
to dissolve	розпускати
spokesman	оратор/делегат
nucleus	центр
to be responsible to	бути підзвітним
to be responsible for	відповідати за щось
to be appointed	бути призначеним
to preside over	очолювати
to announce	оголосити
to select/choose	обирати
to determine	визначити
to launch	починати
to supervise	наглядати

Дата добавления: 2014-12-17