The traditional view of the legal supremacy of the UK Parliment Essay

The traditional view of the legal supremacy of the UK Parliment withstood all challenges to it. The UK's membership of the European Union has though finally ki - Essay Example on of the statute by both the Houses of Parliament and the grant of Royal Assent for those statutes, then the courts do not question the validity or legitimacy of the statutes; and only apply them. In Edinburgh & Dalkeith Railway Co. v Wauchope, the plaintiff railway company had obtained a private Act for its purposes. The defendant approached the court and argued that this private Act was detrimental to his interests and that it affected him unfavourably. He beseeched the court to examine the legitimacy of the Act. The court refused to intervene in the matter on the grounds that the Act had been passed in both the Houses of Parliament, and that it had also received the Royal Assent. Consequently, the court rejected the plea of the defendant. Thus, courts comply with statutes that have been properly enacted by Parliament (Edinburgh & Dalkeith Railway Co. v Wauchope). The tendency of courts in dealing with the legitimacy of statutes, enacted by Parliament was clearly exhibited in Ex Parte Canon Sewyn (Ex Parte Canon Sewyn) and Pickin v British Railways Board (Pickin v British Railways Board). The Factortame case challenged this sovereignty and compelled the English courts to suspend legislation that had been enacted by Parliament in due course. As such the Factortame case proved to be a major blow to the constitutional provisions of Parliamentary sovereignty. In R v. Secretary of State for Employment (R v Secretary of State for Employment, ex p. Equal Opportunities Commission); the House of Lords, on the basis of the Factortame decision, adopted a much more liberal approach. The Factortame decision had clearly demarcated the sovereignty of the Parliament; and this made it possible for their Lordships to bring about far reaching changes to the constitution. In this regard, their Lordships, refrained from instructing the Secretary of State and they also did not inform him that the EC law was being breached by him. The House of Lords restricted their intervention to

Strategic Management Assignment Example | Topics and Well Written Essays - 3000 words

Strategic Management - Assignment Example Many research scholars still argue over creating cogent definition of strategic management. Various research scholars like Michael Porter, Philip Kotler, John Kotter, VA Zeithaml and many others successfully tried to create a theoretical framework of the concept but still their frameworks failed to create a universal theory of strategic management probably due to multidimensionality of the concept. Organizations use strategic initiatives in accordance with culture, leadership style, frequency of crisis and business objectives. Gray (1) has bifurcated strategic planning from strategic management and described two aspects in the following manner. ... Meyer (3) illustrated strategic management as process that helps top level management of the company to understand business objectives, future threat and opportunities; identifying suitable strategy to deal with these issues and taking control over external variables; creating direction to accomplish strategic objective of the organization. Nutt and Backoff (4) have modified the concept of Meyer. According to them strategic management actually combines short and long term planning of the organization in order to achieve organizational objectives like increasing profitability, increasing control over existing product portfolio, achieving high growth rate, expanding many business in foreign market, creating market entry barrier for competitors by increasing competency level (Tyndall, Cameron and Taggart, 1990, p. 9). Strategic management is a multidimensional concept and the study cannot cover all the aspects of strategic management. The study will focus on a particular concept of stra tegic management in order to create a cogent representation of assignment topic. This report will analyze Michael Porter’s generic competitive strategies from the view point of theoretical concept and real life application in order to understand functionality of the concept. 3.0 Michael Porter’s Generic Competitive Strategies In 1980, Michael Porter developed the basic strategic model for companies in order to achieve competitive advantage over competitors. He modified the concept into more confined model in 1985. Main agenda of the model is to help organizations to create a sustainable and not easy to copy strategy with which they can not only achieve competitive advantage over adversaries but also can build a sustainable