Tuesday, July 23, 2019
Constitutional and Administrative Law Essay Example | Topics and Well Written Essays - 1000 words - 1
Constitutional and Administrative Law - Essay Example An example is the legislation in the UK popularly known as the Civil Partnership Act of 2005 to protect the minority gay community from discrimination (Spilsbury, 2008). Under this act, it is stipulated that couples of the same sex have the same rights and privileges as those of heterosexual couples with regard to child adoption as well as other family rights and therefore they can choose to acquire children provided legal processes are followed (Spilsbury, 2008). This is essential especially due to the fact that every person desires to have children whom they can share their love and wealth with. As it is known, it is biologically impossible for persons of the same sex to produce children of their own and since these marriages are recognized by law, the same law should not deny them of their rights. In the case of Martin and Neil, it is important to note that this act was active during the time when they adopted their child and as such, they acted within the law. It is also necessary to note that the act of 2005 cannot be amended without a majority vote of 75% of the House of Commons, and a similar vote in the House of Lords. It is therefore unfair , based on this, for the two houses to revoke the act in the year 2010 by a simple majority of 51% and 52% without considering the social implications it would have on the affected families who may have adopted children within the two years prior to the new act. However, it is important for Martin and Neil to understand that the UK parliament is the supreme organ in the land with legislative powers that can not be challenged by any other political or judicial organ (Young, 2008). Having this supremacy means that it can decide to make new laws or amend the existing ones regarding any issue which may come to its attention and neither the courts nor any other group or individual can override the legislation once it
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