Proctorial Representation in the House of Lords During Edward VI's Reign: A Reassessment

1971 ◽  
Vol 10 (2) ◽  
pp. 17-35
Author(s):  
M. A. R. Graves

In his recent examination of licensed absenteeism and proctorial representation in the Edwardian house of lords, Professor Vernon F. Snow sustained and elaborated the thesis which he first postulated in an earlier article on the upper house in Henry VIII's reign. He claimed that these procedures benefited both the Crown and the individual member. They permitted the latter to secure leave of absence in the case of bona fide personal difficulties — sickness, age, poverty — yet to retain, in the person of his proctor, a voice in the affairs of the house. At the same time they satisfied the Crown. They committed the licensee to decisions taken in his absence. They could be used to authorize the royal servant to remain at his post. And above all they enabled the Crown, through the privy council, to control the House of Lords. The procurators “possessed latent power in proportion to the number of proxies they held.” As the great majority of proxies were concentrated in the hands of councillors, the Crown was able to control proceedings in the upper house through a large, perhaps majority, bloc of committed spokesmen and voters. The arithmetical essense of Snow's thesis is that parliamentary power in the Lords, whether it be of the individual or of the Crown, increased in direct proportion to the number of proxies held. The council's possession of most of them constituted a power additional to the traditional devices for influencing the composition of the upper house and the distribution of power within it: the ennoblement or promotion of faithful lords temporal, the translation or deprivation of obstinate lords spiritual, detention or the denial of writs from prominent opponents of the Crown.

1969 ◽  
pp. 5
Author(s):  
D. H. Clark

The Supreme Court of Canada's contribution to the jurisprudence of administra tive law has been weak and fitful, erratic and lacking in attention to the principles of its own previous decisions. Failure to articulate points of distinction between its decisions has led to uncertainty in the law. The speaker suggested that the insufficiency of the Court's reasoning and the inadequacy of its citation might be reduced if judgments were more often delivered by more members of the Court thus increasing the individual research and writing of the Court so that its earlier fcmons would be kept in view and the case law developed more coherently. Furthermore, the Court should foUow the House of Lords in not considering itself bound by ds own decisions. The speaker regretted the Court's tendency to take mechanically conceptualise approach to substantive administrative law issues- if Canadian courts are to keep pace with those of other jurisdictions, the Supreme Court of Canada cannot continue to use outworn mumbo-jumbo as substitute for identifyltZtJ «»*"*»* societal interests that are the stuff of /hefPe?kfr aho discussed and compared the contributions of the House of Lords and of the Judicial Committee of the Privy Council. Although it has fewer members the House of Lords has more dissenters in administrative law decisions than the Supreme Court of Canada, (whereas the Privy Council until 1966 could not have dissent). While the S.C.C. has been inconsistent and weak, the Privy Council has been consistent and weak. Although there have been occasional achievements, between 1951 and 1971 the Privy Council rendered series of regressive decisions that impaired coherent development of the administrative law in England and in the Commonwealth. ReidZhh^ i*' f" H0USe °f Lof* under the influenc* of the late Lord h^'^nuJf has enjoyed as most creative °n TegreSSiVe period inPrivy relation Council to public decisions> law si™ However *• earlyhaknZd 1960's mnnt rxiicc ft ££Icrt has*eenperfo


2010 ◽  
Vol 1 (2) ◽  
pp. 185-195 ◽  
Author(s):  
Mauro Salvi ◽  
Luca Cesaro ◽  
Lorenzo A. Pinna

AbstractIn an attempt to evaluate the contribution of individual protein kinases to the generation of the human phosphoproteome, we performed a global weblogo analysis exploiting a database of 45641 phosphosites (80% pSer, 11% pTyr, 9% pThr). The outcome of this analysis was then interpreted by comparison with similar logos constructed from bona fide phospoacceptor sites of individual pleiotropic kinases. The main conclusions that were drawn are as follows: (i) the hallmarks surrounding phosphorylated Ser/Thr residues are more pronounced than and sharply different from those found around phosphorylated Tyr, which is consistent with the view that local consensus sequences are particularly important for substrate recognition by Ser/Thr protein kinases. (ii) Only six residues are positively selected around phosphorylated Ser/Thr residues, notably Pro (particularly at n+1), Glu, and to a lesser extent Asp, at various positions with special reference to n+3, Arg (and to a much lesser extent Lys), particularly at n-3 and n-5, and Ser, at various positions, particularly n+4 and n-4. (iii) This composite signature reflects the contribution of kinases whose bona fide substrates exhibit logos partially overlapping that of the whole phosphoproteome. These are Pro-directed kinases belonging to the CMGC group, some basophilic kinases belonging to the ACG and CAMK groups, phosphate-directed kinases such as GSK3 and members of the CK1 group and the individual highly acidophilic CK2. Collectively taken our data support the concept that a relatively small number of highly pleiotropic kinases contribute to the generation of the great majority of the human Ser/Thr phosphoproteome.


2020 ◽  
Vol 17 (1) ◽  
Author(s):  
Patrick Hauser

AbstractThe zero risk weight privilege for European sovereign debt in the current capital adequacy requirements for credit institutions incentivises credit institutions to acquire and hold sovereign debt. However, it also poses a significant risk to the stability of the banking system and thus the financial system as a whole. It is argued that this privilege should not only be abolished due to the risk it entails but that it is also non conformant with EU primary law. Art. 124 TFEU prohibits privileged access of the EU and Member States' public sector to financial institutions except for prudential considerations. The protective purpose of Art. 124 TFEU to ensure sound budgetary policies by subjecting public borrowing to the same rules as borrowing by other market participants is thwarted by the uniform zero risk weight privilege. Further, as this privilege does not take into account the varying creditworthiness of the individual Member States it does not promote the soundness of financial institutions so as to strengthen the soundness of the financial system as whole, but rather endangers systemic stability. The zero risk weight privilege is therefore not based on prudential considerations and hence violates Art. 124 TFEU.


1999 ◽  
Vol 48 (1) ◽  
pp. 207-216 ◽  
Author(s):  
Colin Warbrick ◽  
Dominic McGoldrick ◽  
Hazel Fox

The case of Pinochet has aroused enormous interest, both political and legal. The spectacle of the General, whose regime sent so many to their deaths, himself under arrest and standing trial has stirred the hopes of the oppressed. His reversal of fortune, loss of liberty with a policeman, on the door, has been heralded by organisations for the protection of human rights as one small step on the long road to justice. For lawyers generally, the House of Lords' majority decision of 1998 that General Pinochet enjoyed no immunity signalled a shift from a State-centred order of things.1 It suggested that the process of restriction of State immunity, so effectively begun with the removal of commercial transactions from its protection, might now extend some way into the field of criminal proceedings. And it further posed the intriguing question whether an act categorised as within the exercise of sovereign power, so as to relieve the individual official of liability in civil proceedings, may at the same time, as well as subsequent to his retirement, attract parallel personal criminal liability.


2020 ◽  
Vol 71 (2) ◽  
pp. 285-302
Author(s):  
Roger Masterman

It is often claimed that the constitutional role of the UK’s apex court is enriched as a result of the experiences of the Judicial Committee of the Privy Council as interpreter of constitutions within its overseas jurisdiction. This paper considers the relationship between the House of Lords/UK Supreme Court and the Judicial Committee and its effect on the importation of external influences into the UK’s legal system(s), further seeking to assess how far the jurisprudence of the Judicial Committee has influenced constitutional decision-making in the UK apex court. While ad hoc citation of Privy Council authorities in House of Lords/Supreme Court decisions is relatively commonplace, a post-1998 enthusiasm for reliance on Judicial Committee authority – relating to (i) a ‘generous and purposive’ approach to constitutional interpretation and (ii) supporting the developing domestic test for proportionality – quickly faded. Both areas are illustrative of a diminishing reliance on Judicial Committee authority, but reveal divergent approaches to constitutional borrowing as the UK apex court has incrementally mapped the contours of an autochthonous constitutionalism while simultaneously recognising the trans-jurisdictional qualities of the proportionality test.


Author(s):  
R. Shepherd

In the normal-mode, response-spectrum approach to earthquake resistant design of multistorey buildings the extended elastic seismic design loads are frequently calculated as the square root of the sum of the squares of the modal responses. The individual member forces are then determined using these seismic design loads. Previous research workers have examined the limitations of this technique and it is accepted as being generally applicable in practical design procedures. Recent computer analyses of projected New Zealand high-rise buildings have illustrated two conditions in which the “square root of the sum of the modal responses squared” rule is inapplicable. In this note these situations are described and suggestions are made of an alternative approach which may be adopted when deriving design loads in such cases.


1930 ◽  
Vol 7 (2) ◽  
pp. 109-131 ◽  
Author(s):  
G. L. CLARKE

1. A method is described for studying the responses of Daphnia to changes of light intensity with special attention to the behaviour of the individual and to the avoidance of "shock" effects. The types of apparatus used provide for rigid control of the temperature, for illumination from any direction, and for an adjustable rate of change of the light intensity by means of a chemical rheostat. 2. The great majority of Daphnia magna and Daphnia pulex were found to be primarily negatively phototropic and positively geotropic. That is, they always exhibited those tropistic signs under constant conditions of illumination. 3. A reduction of the light intensity causes a temporary reversal of the tropism signs. The secondary signs thus produced are positive phototropism and negative geotropism. 4. The presence of both phototropic and geotropic forces is proved by experiments in which illumination is (1) from one side, (2) from beneath, and (3) from two opposing sides or from above and below simultaneously. In these tests and in others in which very slow and very fast rates of dimming are used the phototropic and geotropic forces are resolved, antagonised, and neutralised in succession. The responses of the Daphnia indicate that there are two types of animals which exhibit exactly the same tropisms, but in one type phototropism is the stronger while in the other geotropism is the stronger. 5. In this material it was found that the temporary secondary tropistic signs persisted only a few minutes while the primary signs persisted for hours, although this effect was somewhat less marked in weak light or in darkness. 6. The difference between "time-change" and "place-change" of light in tensity is pointed out. Daphnia is stimulated by both types of change if the rate of change is sufficiently great. 7. That photosensitive animals are stimulated to respond to changes in the intensity of light only and are merely orientated by the direction of the light is shown in the work of previous, investigators as well as in this paper. The rigidity of this mechanism is indicated by experiments in which the light is graded in intensity at right angles to its direction and in which the light is rendered converging and diverging by a lens. 8. Evidence is given for believing that there is no "absolute optimum" light intensity for Daphnia but that a "relative optimum" exists which is the intensity to which the animals are adapted at the moment. 9. The interval between the inception of the reduction of the light intensity and the beginning of swimming movements in response is called the latent period. The faster the rate of dimming, the shorter is the duration of the latent period. A minimum, amount of intensity change is required to produce any response, at any speed, but beyond that the slower the rate of dimming, the greater is the amount of change required and hence the lower is the absolute intensity at which the response takes place. Ordinarily, the response is maximal in respect to both rate and magnitude. 10. Fatigue will interfere with experimentation unless guarded against. 11. Specimens of Daphinia with reversed primary signs gain temporary secondary signs following an increase of light intensity; otherwise they behave like the more usual forms. 12. The possibility that the processes of adaptation in Daphnia may account for the photic responses observed is discussed. Support for this theory is derived from the fact that it is possible to dim the light over a given range at such a slow rate that no response is produced.


PEDIATRICS ◽  
1977 ◽  
Vol 60 (1) ◽  
pp. 126-129
Author(s):  
James A. Manning

The conference ended with a sense of improved understanding by the cardiologists, medical directors of life insurance companies, and physicians in industrial medicine of the shared problems and of the opportunities to liberalize the restrictions on insurance and on employment of the adult with congenital heart disease and to remove them altogether for the individual with a bona fide innocent murmur. Like clinical cardiology, insurance medicine is an ever-changing field, and medical directors of insurance companies are willing to consider that they can insure many conditions they had previously declined.


2011 ◽  
Vol 2 (2) ◽  
pp. 193-195
Author(s):  
Dennis Paustenbach ◽  
Julie Panko

In this issue of the journal, Dr. Ragnar Lofstedt examines the current state of the EU regulatory framework with respect to chemicals and illustrates how the hazard-based approach sealed the fate of two important chemicals in the EU market-place. He also explores how the attitudes, technical knowledge and economic influences of the individual member states determine the outcome of environmental and chemical regulations. Lastly, Dr. Lofstedt provides some recommendations to improve consistency in the European regulatory process and ensure greater scientific, as well as, risk-based regulations.


1948 ◽  
Vol 42 (6) ◽  
pp. 1163-1180 ◽  
Author(s):  
Justin Williams

Internal Procedures. Unschooled in the history and theory of Occidental parliamentarism, the old political factions, with new names, naturally try to adapt the new order of things in the Diet to the normal Japanese pattern. Their modus operandi during the first and second sessions—by way of adjusting to the Diet as the “highest organ of state power”—is an eventful chapter in the development of popular government in Japan.Basic is the fact that political parties manage the Diet: every action is a party action, every vote a party vote, every decision a party decision. The individual member stands for nothing. Bills and resolutions, motions of any kind, speeches, interpellations, filibustering, even heckling and rowdyism, in committee and House sessions—all are products of political parties.The primary agency through which political parties collectively manipulate the Diet is an entirely new piece of legislative machinery, the “Steering Committee,” one of 21 standing committees in each House.


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