Enterprise Risk Management ( Erm ) - 1741 Words

Introduction âž ¢ What is Enterprise Risk Management (ERM)? Enterprise Risk Management (ERM) is process of planning, organizing, leading, and controlling the activities of an organization in order to minimize the effect of risk on an organizations capital and earnings. ERM expands the process to include not just risks associated with accidental losses, but also financial, strategic, operational, and other risks. âž ¢ Benefits of Enterprise Risk Management In Finance †¢ Financial Incentives Awareness of risks involved in process will help align resources which may increase productivity and revenues, as well as improve service delivery capabilities. †¢ Enhanced Internal Communication Effective communication lead to enhanced staff morale and help promote teamwork. †¢ Improved decision making ERM helps stimulate increased accountability, defined success criteria, improved performance reporting and clearer performance measurement. †¢ Enhanced Partnerships Enterprise Risk Management process highlights opportunities for working across the enterprise on providing integrated response to multiple tasks and pathways to seizing opportunities. âž ¢ Enterprise Risk Management (ERM) framework Any organization implementing ERM should develop an overall framework to ensure that the fundamental requirements are addressed. The decisions are generally to adopt published framework or develop a customized framework based on the unique requirements of an organization.Show MoreRelatedI.Introduction . Enterprise Risk Management (Erm) Started2499 Words   |  10 PagesI. Introduction Enterprise Risk Management (ERM) started to steady down at the end of 1990s and has been mostly recognized as the expectations for the effective management and corporate governance. (Fraser and Simkins, 2016) This report divided into 4 parts base on the understanding of ERM and Marks Spencer (MS) 2016 Annual report. Firstly, a literature review of ERM to determine the appropriate comprehension of ERM in MS. Secondly, this report introduced basic situation of MS Corporation toRead MoreEnterprise Risk Management ( Erm )1166 Words   |  5 PagesLiterature Review Enterprise Risk Management (ERM) In light of the fraud scandals that took place in 2001 and 2002 companies all over the world have been introduced to a new system to help incorporate corporate governance, risk management, and the requirements made by the SOX. That new system is known as Enterprise Risk Management (ERM). The ERM system has been suggested to be the new system to help companies predict risk and help achieve their overall objectives (Arena, Arnaboldi, Azzone, 2011)Read MoreEnterprise Risk Management ( Erm )1531 Words   |  7 Pagesabout the Enterprise Risk Management (ERM). How much risk can be taken so that gain can be increase as risk is directly associated with gain Answer 1: Enterprise Risk Management (ERM) has great potential to provide organizations with new competitive advantages. Enterprise Risk Management (ERM) is designed and disciplined approach to deal with strategy, processes, people, technology and knowledge by the motive of evaluation of management of uncertainties which are faced by the enterprises and generatesRead MoreEnterprise Risk Management ( Erm )1726 Words   |  7 PagesEnterprise Risk Management (ERM) is the ability to identify, manage and/or mitigate risks that can affect the overall business operations down to the day to day operations of an organization (Hampton, J., 2009). The overall Enterprise Risk Management (ERM) entails the utilization of a holistic model to identify risks that face an organization. ERM is not successful when it is managed in silos. Doing so could lead to the organization not having a clear understanding of risks and a misunderstandingRead MoreThe Objectives Of The Zimbabwe Agenda For Sustainable Socio E conomic Transformation Essay1505 Words   |  7 Pagesthe importance or role played by Enterprise Risk Management in achieving the current goals or objectives of ZimAsset [30] Enterprise risk management (ERM) has been defined by the COSO (2004) as a process, effected by an entity’s board of directors, management and other personnel, applied in strategy setting and across the enterprise, designed to identify potential events that may affect the entity, and manage risk to be within its risk appetite, to provide reasonableRead MoreRisk Management Is A Essential Component Of Any Business1046 Words   |  5 PagesRisk Management is a vital component of any business, especially health care. Risk management can be generally defined as recognizing, preventing, and monitoring situations that could result in injury or liability, monetary loss, or noncompliance of regulations (Chubb Health Care, 2004, 9). In a basic risk management system, risks are identified in separate risk area. Each risk area is handled by a different department. It addresses the risks to an organization at the department level. In theRead MoreRelationship Between Corporate Governan ce And Risk Management Of High Technology Firms1595 Words   |  7 Pagesrelationship between corporate governance and risk management of high technology firms, with publicly listed Australian biotechnology organizations as for example. It displays a governance structure that better deals with the various complex risks such organizations face. INTRODUCTION The current global financial crisis has seen the breakdown of various organizations universally, showing that no industry or ward is invulnerable from insufficient or wrong risk management. In the light of the current globalRead MoreQuestions On Implementing An Effective Erm Program1492 Words   |  6 Pages Assignment 1: ERM Roadmap Wayne Thomas Dr. Patricia White IT Audit and Control October 15, 2016 Abstract This paper represents the IT Audit and Control course and will address the following four issues. ïÆ'Ëœ We will elaborate the COSO Risk Management Framework and COSO’s ERM process. ïÆ'Ëœ We will propose to management the method that they need to take to implement an effective ERM program. This will comprise the concerns and the organizational impact they might meet if they do not implement anRead MoreEnterprise Risk Management1609 Words   |  7 PagesAbstract This paper discusses how a company can successfully implement the Enterprise Risk Management based on COSO guidelines. This paper discusses a step by step process of the implementation plan at Dell Inc, the responsibilities of the workforce and management, the risk mitigation approach and how to monitor the activities successfully. Enterprise Risk Management In the wake of all the financial scandals, a variety of laws and regulations have been passed which makes the board of directorsRead MoreRisk Management 7 Step Process1280 Words   |  6 PagesEnterprise Risk Management is defined as â€Å"the process of identifying and analyzing risk from an integrated, company-wide perspective. It is a structured and disciplined approach in aligning strategy, processes, people, technology and knowledge with a purpose of evaluating and managing the uncertainties the enterprise faces as it creates value† (Woon, Azizan, Samad,  2011, p.  23). Had Non-Linear Pro utilized Enterprise Risk Management, the company would have been able to reduce their liability

Has the raise in the tuition-fees rule affected student’s degree choices Free Essays

Introduction The underlying aim of this research is to identify the impact of the changes suggested and implemented as part of Brown Review of Funding, in 2010, and to establish whether this has changed the overall funding approach to be taken by higher educational establishments, while also approving the raising of the fees’ cap up to a maximum of ?9,000. The previous maximum was ?3,375; therefore, the increase in tuition fees was potentially going to have a dramatic impact on the overall desirability for higher education and the degree choices that are made by students. This research paper aims to ascertain the decisions made by students and the impact that these fees have had on the industry, as a whole. We will write a custom essay sample on Has the raise in the tuition-fees rule affected student’s degree choices? or any similar topic only for you Order Now Literature Review Issues relating to the funding policy of education, with the fees charged to students arguably being one of the more high-profile elements of the policy, are many and complex. Existing literature in this area has therefore looked at various different aspects of the funding policy, all of which may be relevant when it comes to determining how the student body is likely to react to the changes, at ground level. Research by Chowdry et al., 2010, suggested that the complexity of the repayment system was in itself a potentially negative factor, although this did create a situation whereby the burden of these increased fees does vary, depending on underlying factors among students, such as parental income and the eligibility for grants and loans. Research by Chowdry indicated that the average debt for students when graduating is likely to be approximately ?59,100. Given this dramatic change, it is unsurprising that there is a relatively large amount of literature looking at student uptake of a university education, although historically this has largely been focused on the links between family background and university participation. For example, research by Blanden and Machin, in 2004, looked at the link between university participation and the achievements of students, based on parental income, both before and after the year 1998, where withdrawals had had a dramatic impact on the way in which university life was funded. This work was then updated in 2008, yet no direct impact was found, creating a gap in the literature. Research in this area also exists within the United States, with researchers such as Kane, 1994, using variances across the states and within the states to monitor and track student participation, based on tuition fees. This research was undertaken in a quantitative fashion, on the grounds that an increase of $1,000 in the tuition fees being charged could ultimately results in a decrease in attendance of approximately 3.7%. Other research has taken a slightly different approach when looking at the impact of financial support, rather than necessarily considering the impact of increased fees, with Dynarski (2000) finding that an increase of $1,000 in aid increased the level of participation by 4%, thus showing a greater sensitivity to assistance than it does from increasing fees. Research does, however, suggest that both the availability of assistance and changes in tuition fees are having a direct impact on the willingness of individuals to participate in higher education, yet the precise impact of the new UK reforms in 2010 still remain relatively unexplored. Research Philosophy, Strategy and Methodology The purpose of this research is to look at the substance of quantitative changes and the impact that these have had on an individual, to make decisions in relation to participation in higher education. Type of Research As the key issues at the heart of the research are to look at the thought patterns and behaviours of individuals, the appropriate research philosophy is interpretivist and phenomenological in nature, ensuring that the researcher takes into account the conscious decisions of the individual. The reasoning behind the decision to adopt this approach is based on the recognition that human decision-making is controlled by a variety of factors and not simply based on quantitative, rational and objective decision-making. The research will be a combination of quantitative and qualitative, as it is anticipated that an analysis of participation, such as that within the existing literature can be undertaken to determine the figures behind the change, yet it is also necessary to look for a descriptive element to the research, so that the thought patterns of students can be analysed. This phenomenological approach is much more humanistic in nature and recognises that opinion will be central to the ultimate findings within this research; however, this should be undertaken with a quantitative support structure, where appropriate. Research Approach and Strategy The underlying research approach is inductive in nature and involves taking a particular situation, in this case the increase in tuition fees, and developing general ideas and theories as to how this is likely to impact on various different elements of higher education. This will include not only looking at overall levels of participation, but also at the impact which this has had on decision-making in relation to which degree should be studied. This research being inductive enables the researcher to start by looking at the factual basis of an increase in fees and then to spread out from this point, in order to gather ideas and theories. Methodology The chosen methodology therefore will be to look at the precise nature of the changes and to identify any trends in participation between the two previous increases in fees and the year after the increase in fees, something which can be achieved by looking at the figures and facts from various institutions, before then going on to take the humanistic approach by undertaking questionnaires, interviews and focus groups with students and potential students, to determine whether the increase in fees leads to changes in decision-making in relation to the choice of course that can be attributed to the figures that have been identified. Ethical Implications There are several key considerations when it comes to ethical concerns during research of any nature and, in particular, in this case many of which are identified by Saunders et al., (2003). Some of the ethical considerations which have potential implications for this research have been identified, and the researcher is mindful that other ethical considerations may arise, on a case-by-case basis. The main concern at this stage is linked to the fact that information needs to be gained directly from the student in relation to their financial status and, as such, the privacy of those individuals is crucial, with individuals having to be confident that the information being provided will be maintained in confidence, although the research is going to be objective in nature when dealing with the information the participants provide. Participation in the research must necessarily be entirely voluntary, with any participant being free to leave the study at any point. Participants need to be clear on the purpose of the research and the role which they play, as well as offering them the opportunity to make changes to the responses and to gain access to their responses, at any point, to check that they have been reported accurately and make changes, if they deem appropriate. Data Collection Data collection from primary sources, i.e. students and potential students, will be gathered through the method of questionnaires, interviews and focus groups and will target existing students and those students who are making their higher education decision, at the moment, or in the foreseeable future. On the whole, therefore, this will focus on the age category of 17 to 20 years old, although where possible, some more mature students will also be interviewed, as they may have different perspectives in terms of their higher education decisions. The most appropriate form of data collection for the questionnaires has been determined as being online, as this is likely to encourage the greatest response, due to its flexibility and the likelihood that the majority of students and potential students will have at least an acceptable level of IT experience to be able to complete a questionnaire online. As interviews will also be conducted, the fact that the questionnaires will be on closed-end questions that can provide quantitative analysis does not present a particular limitation. A copy of the enclosed questionnaire will be contained in the appendix to this proposal and the format of the interviews and focus groups will be the same as questionnaires, but encouraging longer and more open ended responses, in order to obtain a better feel for the thought patterns behind the responses. A test pilot of 10 questionnaires has been undertaken and the responses are contained in the appendix. Analysis of Pilot Data The data collected as part of the pilot is contained in the appendix and it is concluded that the questions are appropriate when it comes to meeting the aims and objectives of the research. By asking the respondents about their current position in terms of their education and whether they are currently considering a university course as well as looking at the factors that are likely to influence the decision, a broader understanding of the influence of the increased fees can be ascertained. This questionnaire will also form the basis for the interviews and open-ended answers are expected in relation to these questions, offering explanations as to why certain answers have been given by the broader questionnaire sample. For example, all the respondents stated cost as an influence on their university choices and 6 respondents stated that it was their main factor when it came to the decision-making process, suggesting that there is on the face of it a strong indication that this factor is going have a direct bearing on university choices. This questionnaire will then lay the foundation for the broader analysis and in order to determine the precise impact that the increased fees are likely to have, and not simply determining that they do in fact have an impact, but rather, it is the nature of the impact that is going to be the formative part of this research. Overall Evaluation The research strategy, on the whole, is appropriate to the underlying aim of the research, as it combines quantitative information relating to the number of students and the choices in relation to courses. This is then to be combined with the thoughts and ideas of students entering into education, to ascertain the reasons behind these quantitative changes. This issue is, however, likely to be personal to individuals and, as such, there will be limitations in the fact that it is not possible to gain responses from every single potential students simply cannot be obtained on generalisations which are likely to be present during research of this nature. References BLANDEN, J., GREGG, P. MACHIN, S. (2003) Changes in Educational Inequality. CMPO Working Paper Series No 03/079. BLANDEN, J MACHIN, S. (2008) ‘Up and Down the Generational Income Ladder in Britain: Past Changes and Future Prospects’ National Institute Economic Review 2008; 205; 101. BROWNE REVIEW (2010) Securing a Sustainable Future for Higher Education in England. www.independent.gov.uk/browne-report CHOWDRY, H., CRAWFORD, C., DEARDEN, L., GOODMAN, A. and VIGNOLES, A. (2010) ‘Widening Participation in Higher Education: Analysis Using Linked Administrative Data’, Institute for Fiscal Studies (IFS) Working Paper W10/04. How to cite Has the raise in the tuition-fees rule affected student’s degree choices?, Essay examples

The Sovereignty of Parliament HRA

Question: Discuss about the The Sovereignty of Parliament for HRA? Answer: For the purpose of exploring the effect of Human Rights Act, 1998 on the constitutional order in the UK and also on the statement that parliamentary sovereignty cannot be considered anymore as the main basis of British constitution, the status of human rights and parliamentary sovereignty before the introduction of Human Rights Act needs to be examined. In this regard, it is also required that the role played by the relevant sections of Human Rights Act should be examined and the way, the impact on a disorderly and human rights.[1] For this purpose, it is also that the relationship that exists between the parliament and judiciary in context of human rights should be analyzed and simultaneously, it needs to be seen if the balance of power existing between the two has been significantly altered by the introduction of the HRA. In the absence of original constitutional framework in the UK had a significant impact on the constitutional law in the country and this is mainly true in case of power and the position of the Parliament.[2] The concept of Parliamentary Sovereignty was particularly popularized by the ideas of scholars like Dicey who described this region as the central law related with the British constitution.[3] In this context, sovereignty had been described as the power to legislate and also the lack of constrains on the power is enjoyed by the Parliament of UK in this regard.[4] In this way, the act of Parliament is not bound by or restricted by a greater law, like a written constitution.[5] An instance of this can be given in the form of the extension of the life of the Parliament during the two World Wars. In the same way, and that there and probably more significant implication that can be drawn from the concept of the sovereignty of Parliament is that the Acts of the predecessors are not con sidered as being binding for a sovereign Parliament and in this way, Parliament does not have the power to bind its successor parliaments.[6] On the other hand, the Human Rights Act was implemented in October 2000. This legislation indicates a basic restructuring of the political constitution of the UK because the Human Rights Act because it has been said that with the introduction of this legislation, the political power has been transferred to the Judiciary from the Legislature and the Executive. In this regard, it has also been stated that there is no doubt that the HRA is the most noteworthy rearrangement of the political power that had taken place in the UK.[7] Before the introduction of the HRA, the legal order in the UK was that of Parliamentary supremacy, although it was sometimes altered by the courts while developing procedures of interpretation that helped to some extent in protecting some of the basic freedoms enjoyed by the people. For example, one such rule can be described as the presumption that it was not the intention of the Parliament to put the UK in breach of the obligations that have been imposed on i t by the European Convention on Human Rights.[8] In this regard, it has been said that wherever there was any ambiguity in the legislation, as a result of which, one interpretation of the words that have been used in the legislation complies with the requirements of ECHR and the other interpretation does not, the courts are required to adopt the interpretation that complies with this provisions of ECHR.[9] But in this regard it needs to be noted that when clear and unambiguous words have been used in the legislation, the courts were required to apply such legislation, irrespective of the fact that it may result in violating the provisions of ECHR.[10] But with the implementation of HRA, much more significant is now placed on protecting the basic human rights of the people due to the reason that the major aim of the Act was to bring rights home which is also demonstrated by the heading of the white paper of the government, Rights Brought Home. In this way, the introduction of this Act resulted in the end of the situation where a complaint was required to go to Strasbourg for the purpose of asserting the rights conferred by the Convention. On the other hand, now the British courts can hear the case of the claimant in such a case. Similarly, after the HRA was fully enforced, certain rights and freedoms were given further effect as the domestic level. For example, it has been mentioned in section 2 of HRA that the courts should consider the jurisprudence of various supervisory and enforcement entities located in Strasbourg. In the same way, the parliamentary sovereignty has also been impacted by section 2(1) which requires that while dealing with a question that is related with the rights that have arisen in context of the rights provided by the Convention, the courts or tribunals are required to make allowance for the decisions of Strasbourg, so far these decisions are relevant in a particular case.[11] But in this regard it needs to be noted that in such a case, the courts are only required to consider the jurisprudence of the entities located at Strasbourg and as a result, the courts are not bound by it. Under the circumstances, it can be said that the sovereignty of the Parliament has been weakened by section 2 because the lawmaking powers of the Parliament have been significantly limited by the ECHR. This belief was further strengthened after the decision given in Do v. Secretary of State for the Home Department.[12] Lord Bingham had stated in this case that it follows that the national courts are subject to a duty like the ones imposed by section 2 of the HRA, and therefore, without the presence of a strong reason, they should not weaken or dilute the effects of the case law from Strasbourg, at the same time, the member States can provide for rights that are more generous as compared to the rights provided by the Convention but these provisions should not be the result of interpretation of the convention by the domestic courts, due to the reason that the meaning of different provisions of the Convention should remain uniform in all the states that are party to it. In this way, the approach of "no less and no more" has been used in R (Al-Skeini) v Secretary of State for Defence[13] under international law. In this case, the 5 claimants who were relatives of the Iraqi nationals, k illed in Iraq. However the court arrived at conclusion that the claim needs to be dismissed because it was beyond the jurisdiction of article 1, under the heading of extra-territorial doctrine of effective control over an area exception. In the same way, the court also stated that it was beyond the scope of the Human Rights Act due to the reason that the Act needs to be construed in view of the present background of the convention and also the Strasbourg jurisprudence.[14] In the same way, in the case titled, R (Al-Jedda) v SSD[15], the judicial discretion regarding the cases concerning international law and its impact on human rights was also discussed. The issue was the right to liberty and security that has been provided by schedule 1, article 5 of the HRA had been displaced regarding a dual British and Iraqi national who was imprisoned in Iraq. Therefore it can be said that on the basis of the decision given in this case as well as in Al Skeini, the parliamentary sovereignty has been weakened to some extent as these decisions reveal that the courts give preference to the cases dealing with international law. As a result, on the basis of the fact that the court gives preference to international law as compared to the domestic law, it means that the parliament is no longer to be considered as the supreme lawmaker.[16] Another important feature of the HRA is the 'interpretive obligation' that has been mentioned in section 3. The most frequent use of this act is likely to be interpretive because the second requires that the courts should interpret statutory provisions as well as the common law in such a way that is compatible with the rights provided by the convention. At the same time, the Act provides in section 3(1) that "so far as possible, primary legislation and subordinate legislation needs to be read and given effect in such a way that is compatible with the rights provided by the convention". This provision has an impact on all the cases, including civil and criminal, public or private or the cases against public authorities or private legal persons, whenever a right provided by the convention is at stake. However the important words related with the interpretive obligation prescriber section 3(1) is so far as possible and must which suggests that an alternative is available. Another important provision in this regard is section 4 which provides a remedy of the 'declaration of incompatibility'. It can be applied where the court finds it difficult to interpret a particular statutory provision in such a way that it complies with a convention right. For example in R v A (No.2)[17], which was mentioned by Lord Steyn that a declaration of incompatibility has to be considered as a last resort and therefore it should be avoided unless it becomes impossible to do so. However it needs to be noted that section 4(6)(a) also states that the declaration of incompatibility does not have an impact on the validity of the legislation. Similarly, the declaration of invalidity is not binding on the parties to the proceedings as provided by section 4(6)(b). It was demonstrated in Burden v United Kingdom that as a remedy, it has proved to be ineffective. In this case, the issue was if the siblings who had lived together throughout their life, should have inheritance tax relie f as is available to married couples and several partners. In this context, it was argued by the payments that it amounted to a violation of article 14 of ECHR. The courts did not consider that it could be expected in the case that the applicants should have brought a claim for a declaration of incompatibility in accordance with section 4 before bringing their application to the European Court of Human Rights, as the remedy depended on the discretion of the executive and earlier it was found to be infected by the courts in Hobbs v United Kingdom.[18] Due to the fact that the applicants were directly impacted by provision of domestic law and at the same time, no domestic remedy was available which should have been exhausted first of all by them, the court held that the six-month time limit to bring the case before the European Court of Human Rights was not applicable. In case of the enactment of legislation, it has been provided with section 19 of the HRA that at the time of the introduction of the Bill in the Parliament, the Minister in charge asked to make a statement regarding compatibility before the second reading of the Bill and in this statement, it should be revealed how the Bill complies with the provisions of the Convention.[19] In this way, it can be said that restraints have been put on parliamentary sovereignty due to the reason that it requires that the Convention rights should be incorporated as the early stages of enacting a particular legislation.[20] But in this regard it needs to be noted that it will be deceptive to claim that this provision precludes the Parliament from passing a legislation due to the reason that the statement of noncompliance can be delivered which reveals the conflicts present between the proposed Bill and the ECHR rights and also the reasons for the noncompliance of the Bill with these rights.[21] In the end, it can be said that the Human Rights Act has been successful in achieving the desired balance as it retains the right of the Parliamentary enact legislation even if it is incompatible with the rights provided by the Convention.[22] But in this regard, it also needs to be noted that as a result of section 4 of HRA, the political capacity has been significantly reduced due to the reason that the declaration of compatibility serves as a political or even as a moral disincentive to enact a law that is incompatible with the convention rights.[23] However it is still open for the government regarding how it deals with the relevant decisions of the courts in this regard. If it considers it appropriate, it can be done by the government by refusing to take steps for the purpose of limiting the incompatibility in accordance with section 5 of the Human Rights Act.[24] Therefore, while the Parliament is still sovereign but as a matter of constitutional practice, considerable amount of power has been transferred to the judiciary as a result of the introduction of HRA. Although it has been mentioned in section 6(3)(b), the Parliament is not bound by the provisions of Section 6 and s 7 of the Act and in this way, the Parliament is not accountable for its actions. The result of this position is that the Parliament is can still use the cover provided by the will of the electorate. On the other hand, it also needs to be noted that still the government is accountable for its actions during the reason that its bodies are considered as the public authorities and as a result, have been constrained by section 6 and section 7 of the Act. Due to this reason, the government cannot use the will of the electorate as a 'cover' for its actions. Bibliography Bradley, The Sovereignty of Parliament Form or Substance?, in J. Jowell and D. Oliver, The Changing Constitution (7th ed.) (OUP, 2007), 25 Kavanagh, The elusive divide between interpretation and legislation under the Human Rights Act 1998 (2004) 24(2) OJLS 259 Tomkins, In Defence of the Political Constitution (2002) 22 Oxford Journal of Legal Studies 157 Young, Judicial Sovereignty and the Human Rights Act 1998 [2002] CLJ 53 Gearty, Reconciling Parliamentary Democracy and Human Rights (2002) 118 LQR 248 Harlow and R. Rawlings, Law Administration (3th ed.) (OUP, 2009). Anderson, Shfting the Grundnorm and Other Tales, in D. OKeefe and A. Bavasso, Judicial Review in European Union Law (Kluwer, 2000) J.A.G. Griffith, The Political Constitution (1979) 42 Modern L. Rev. 1, 19 Lord Woolf, The Rule of Law and a Change in the Constitution (2004) 63 Cambridge LJ 317-330 Loughlin, Constituent Power Subverted: From English Constitutional Argument to British Constitutional Practice, in M. Loughlin and S. Tierney, The Paradox of Constitutionalism (OUP: 2008) Loughlin, The Foundations of Public Law (OUP, 2010). Craig, Formal and Substantive Concepts of the Rule of Law [1997] Public Law 467 Bellamy, Political Constitutionalism: A Republican Defence of the Constitutionality of Democracy (Cambridge: Cambridge University Press, 2007). Rawlings, Review, Revenge and Retreat (2005) 68(3) Modern Law Review 378-410 Sedley, The Sound of Silence: Constitutional Law Without a Constitution (1994) 110 Law Quarterly Review 270 Campbell, K. Ewing and A. Tomkins (eds), Sceptical Essays on Human Rights (Oxford University Press, 2001) Hickman, In Defence of the Legal Constitution (2005) 55(4) University of Toronto Law Journal 981-1022 Hickman, In Defence of the Legal Constitution (2005) 55(4) University of Toronto Law Journal 981-1022 Case Law Do v. Secretary of State for the Home Department [2004] UKHL 26 Hobbs and others v United Kingdom - [2006] All ER (D) 178 R (Al-Skeini) v Secretary of State for Defence (2007) UKHL 26 R (GC) v Commissioner of Police for the Metropolis [2011] UKSC 21 R v A (No 2) [2001] UKHL 25 R. (Al-Jedda) v Secretary of State for Defence [2007] UKHL 58 [1] A. Tomkins, In Defence of the Political Constitution (2002) 22 Oxford Journal of Legal Studies 157, [2] J.A.G. Griffith, The Political Constitution (1979) 42 Modern L. Rev. 1, 19 [3] R. Bellamy, Political Constitutionalism: A Republican Defence of the Constitutionality of Democracy (Cambridge: Cambridge University Press, 2007). [4] T. Hickman, In Defence of the Legal Constitution (2005) 55(4) University of Toronto Law Journal 981-1022 [5] M. Loughlin, The Foundations of Public Law (OUP, 2010). [6] R. Rawlings, Review, Revenge and Retreat (2005) 68(3) Modern Law Review 378-410 [7] Lord Woolf, The Rule of Law and a Change in the Constitution (2004) 63 Cambridge LJ 317-330 [8] C. Harlow and R. Rawlings, Law Administration (3th ed.) (OUP, 2009). [9] T. Campbell, K. Ewing and A. Tomkins (eds), Sceptical Essays on Human Rights (Oxford University Press, 2001) [10] M. Loughlin, Constituent Power Subverted: From English Constitutional Argument to British Constitutional Practice, in M. Loughlin and S. Tierney, The Paradox of Constitutionalism (OUP: 2008) [11] P. Craig, Formal and Substantive Concepts of the Rule of Law [1997] Public Law 467 [12] Do v. Secretary of State for the Home Department [2004] UKHL 26 [13] R (Al-Skeini) v Secretary of State for Defence (2007) UKHL 26. [14] S. Sedley, The Sound of Silence: Constitutional Law Without a Constitution (1994) 110 Law Quarterly Review 270 [15] R. (Al-Jedda) v Secretary of State for Defence [2007] UKHL 58 [16] T. Hickman, In Defence of the Legal Constitution (2005) 55(4) University of Toronto Law Journal 981-1022 [17] R v A (No 2) [2001] UKHL 25 [18] Hobbs and others v United Kingdom - [2006] All ER (D) 178 [19] D. Anderson, Shfting the Grundnorm and Other Tales, in D. OKeefe and A. Bavasso, Judicial Review in European Union Law (Kluwer, 2000) [20] A. Bradley, The Sovereignty of Parliament Form or Substance?, in J. Jowell and D. Oliver, The Changing Constitution (7th ed.) (OUP, 2007), 25 [21] R(GC) v Commissioner of Police for the Metropolis [2011] UKSC 21 [22] A. Kavanagh, The elusive divide between interpretation and legislation under the Human Rights Act 1998 (2004) 24(2) OJLS 259 [23] A. Young, Judicial Sovereignty and the Human Rights Act 1998 [2002] CLJ 53 [24] C. Gearty, Reconciling Parliamentary Democracy and Human Rights (2002) 118 LQR 248