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Alternative Dispute Resolution

Introduction3

Discussion3

Part I3

Act of Parliament3

Article 13

Role of Judges4

The scope of the interpretation5

A judge subject to the law5

The judges: the mouth of the law6

Part II6

Alternative Dispute Resolution (ADR)6

Types of ADR7

Mediate disputes7

Arbitration8

Benefits8

Challenges9

Conclusion9

References11

Alternative Dispute Resolution

Introduction

It is true that judges have influence in lawmaking process but there is a role of parliament or government regarding this that is why responsibility of this process cannot be given to only one institution. Janice has to learn how the act of parliament is made and how the judges influence this process. On the other hand her business conflict in which the croft cakes ltd. Have breached the contract of paying within 7 days need to be resolved but rather than a court resolving method, an alternative resolution method is suggested to her.

Discussion

Part I: Answer A

Act of Parliament

The roles of House of Common, House of Lords and Monarch in the making of UK legislation are quite high. The House of Common is elected for five years by universal, equal suffrage by secret ballot on the basis of relative majority system.

Article 1

(1) If the financial law, passed by the House Lords at least one month before end of the session will not be adopted without amendments by the House of Lords within one month after the specified reference, then this law, if not followed by a decision of the House of Commons, will be presented to His Majesty and His Royal expressions of approval of the Act will be Parliament, although the House of Lords did not accept him.

(2) The financial law is any law, which in the opinion of the Speaker of the House of Commons contains only regulations relating to all or any of the following subjects, namely:

The establishment, abolition, deductions, or changes in regulation, derivations of taxation; the appointment and payment of the fund or the amounts released by the Parliament for payment of public debt or any other financial goal, change or cancel such appointments, the opening credits, education reserve fund. In this section, the term "taxation", "public Finance "and" loan "does not mean a corresponding taxation public finance and loans established by local authorities and agencies for local purposes.

(3) For each fiscal law when sending it to the House of Lords and in presenting it for approval by His Majesty will be accompanied by a certificate signed by the Speaker of the House of Commons, certifying that it is a financial law. Before to issue the certificate, the Speaker, if possible, consult with two members of the House, which points to the election committee in the beginning of each session in the list of Chairmen of Committees (House).

Part II: Answer B

Role of Judges

According to Rivarol, "When the laws are unclear, judges are naturally above them, interpreting them as they want." In legal terms, the word "interpretation" means the judges work aimed, firstly, to determine the scope of a text ambiguous or obscure, and secondly, to develop a solution when the text is deficient . It is ultimately for the judge to determine the meaning of ...
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