Provocation As A Defence Essay Example | Topics and Well Written Essays - 3000 words

Provocation As A Defence - Essay Example The researcher states that today, under the English common law the act of provocation as a defence has been considered as a vali, since last many centuries especially in cases of murder and wherever it has been proved to be a valid defence worth consideration then in that case the murder charge has been converted to man-slaughter. The killings done by the accused has been condoned because according to the judge and the jury it was done in a state of anger aroused by some or the other kind of provocation. Provocation as a defence has been going on since the medieval times. The Royal Commission on Capital Punishment, which reported in 1953, concluded that the defence was, in some respects, too rigid and exclusionary. The English Law Commission has recently published its final proposals for a reformed law of provocation. The recommendations come in two parts: situations where accused acted in response to a fear of serious violence or in response to words or conduct that constitute †Å"gross provocation.† In cases of fear of serious violence, accused will be convicted of second degree murder, provided a person of the accused’s age and of ordinary temperament, in the given circumstances might have reacted in the similar way. This development is welcome and seems entirely suitable to cover without strain domestic violence cases. It also caters to the demands of the long drawn of several activists who had been crying hoarse over the years over the defence of provocation as being flawed and bloated.

Legal Structures of British Government Essay Example | Topics and Well Written Essays - 500 words

Legal Structures of British Government - Essay Example The overall law making authority is really diverse in the UK with no single authority has the power to make the laws in the country. Once the bill is approved by the Parliament i.e. the House of Lords, it is then sent to the Queen for Royal Assent and once it is signed by Queen, it becomes law. As such the overall law making authority in the UK rests with the Parliament, however, the overall law making also requires the approval of Queen to make them into a law. The Role of Queen, however, is considered as nominal as the final law making authority is Parliament. The Prime Minister of the country is considered as the Head of Her Majesty’s Government and the PM, along with the cabinet is accountable to the Monarch, to the Parliament, to their political party and ultimately to the public. It is also important to note that the position of PM in the country is not established under constitutional law in the country but it is created under the long established conventions in the cou ntry. Under the convention, it is held that the Monarch must appoint a Prime Minister in the country who can gain the confidence of the Parliament. It is also critical to note that the position of Prime Minister was not actually created under the law but evolved over the period of centuries. Prime Minister has both the legislative as well as executive powers and role and in the House of Commons, he has the mandate to make laws with the overall goal of enacting the legislative agenda of the political party to which he or she belongs to.