In most governments around the world, the major arms of government are judiciary and the parliament a part from the government itself. These arms of government have strong influence on the processes of enacting laws regarding certain issues in a country. This observation is mainly common in parliament whose members have close association with the people. Legislatures have the ability to know the requirements of the people in the backgrounds and pass laws that protect the rights f these people as well as protecting them from laws which do not provide help to them. The judiciary is equally powerful in ensuring that those who are offended are compensated and ensuring justice is done to them. It is also effective in ensuring those who break these laws are punished according to the requirements of the laws.
It has been necessary to know the processes by which parliament and judiciary make these laws and how these arms of government contribute in their implementation. This paper provides a discussion of ways in which parliament and judiciary make laws regarding issues such as legal personality, criminal responsibility, corporate manslaughter and issues regarding marriage and family life. It gives processes by which parliament and judiciary ensures the rights of people are protected in cases of violation of laws such as personality rights and punishing the offender. In this case it provides legislative laws that parliament puts in place to ensure the rights of people are protected in case of individual personality violation, manslaughter and marital issues are protected. It also provides ways in which the judiciary ensures the offenders of these laws are punished thus ensuring that these laws are obeyed. It provides processes by which parliament forms laws which ensures victims of corporate manslaughter are protected as well as penalties that are affected by the judiciary on the offenders of manslaughter cases and the procedures of compensating the offended individuals.
Processes by which Parliament and Judiciary make Laws in various Spheres
Processes of making Laws Regarding Legal Personality
Parliament and judiciary play crucial roles in determining laws regarding legal personality. A legal personality law distinguishes association of people for special purposes that are recognized by laws. Parliament formulates laws which ensure that these corporations are required to follow in their operations. For instance, parliament determines the level of taxes that these companies need to pay. In addition, parliament ensures laws are formulated which protect these corporations from third parties. As a result of being able to acquire rights and create binding obligations regarding its effects, it is regarded as a legal person by court. The parliament ensures that companies are allowed to act through its organs that on the basis of private la relations are based on the form of the company, consensus of shareholders meetings and the board of director’s decisions. Thus courts recognize corporations as legal persons that are liable for unlawful practices on the part of its operations and are required to pay for damages in case of unlawful practices.
Parliament ensures laws regarding legal personality are clearly distinguished through legislating private and public legal persons. For instance the Legal Code is used as a method of regulating legal personalities under private laws. This law provides rights that corporations are required to be given. Such rights include the right to common treasury such as the right to own properties and the right to corporate seal which allows them to make and sign contracts. Parliament also allows such companies to have the rights to sue and to be sued, employ agents and the rights to make laws regarding self governance. This code determines laws that are used in operations of public limited companies, registered co-operative societies and private limited companies.
Furthermore, parliament legislation is restricted by certain limitations to the rights of legal personality. For instance, parliament ensures that legal persons are not given the rights to marry, vote as well as holding public office and there are certain positions that these legal persons are not allowed to occupy. In certain countries, legal persons are prevented from having the rights that are allowed to real persons.
Furthermore, despite the rights of protection of legal persons from defamation, courts ensure that the rights of these corporations are only protected if there is right amount of evidence regarding defamation. This is usually done by expecting the offended company to provide evidence in terms of monetary losses.
The judiciary ensures that legal personhood incorporates the right to be regarded as a citizen of a country for the purposes of personal jurisdiction. For instance, according to the Supreme Court, a corporation is regarded as a citizen of a country that created it in a similar manner to a natural person.
Processes of making Laws Regarding Criminal Responsibility
Parliament and judiciary also play critical roles in determining whether a person can be held responsible for committing a crime and the processes of achievement of justice for those who have been convicted for committing crimes. For instance, parliament determines the age at which a person who has committed a crime can be regarded as responsible for the crime while the judiciary implements this in court cases. This age is usually determined based on the perceived mental, intellectual and emotional capacity to differentiate right and wrong. For instance, according to Section 16 of the Children and Young Persons act of the laws of England and Wales, a person is regarded as a criminal only when he is aged ten years and above. This is because at this age, such children are regarded educated enough to be able to distinguish right and wrong. Consequently, any child under this age convicted of a crime is regarded as incapable of committing a crime.
Furthermore, parliament and judiciary play a critical role in determining how a person convicted of a crime can be dealt with after arrest. For instance, courts assume that a person can commit a crime by omission or commission of an act. If a person fails to perform his responsibility, he is assumed to have committed a crime by omission while when a person commits a crime in unison with other people; he is regarded as responsible for the crime even if he did not commit a crime. However, parliament reserves the right to legislate on whether a crime is regarded as criminal or not. For instance, certain countries assume the failure to assist a person in danger as a crime. People who are convicted is such an act are liable for prosecution in courts.
Furthermore, most parliaments and courts assume a person has committed a crime when the person engages in intentional act, acts recklessly or negligently with no regard for the risks involved while the risks could be justified based on the circumstances of the person. However, most parliaments regard negligence and reckless behaviors as no crimes. For instance, a driver who involves himself in accident while carrying passengers is regarded as having not committed a crime. Such a person cannot be prosecuted in court in such countries as having committed crimes. Courts assume that such a person could not be able to control the acts that caused such a crime. Furthermore, mentally-challenged people are regarded as less capable of knowing the act in which they were involved. Thus, parliament assumes such people should not be held responsible for their crimes and they are usually not prosecuted in courts for the crimes they have committed.
Processes of making Laws Regarding Corporate Manslaughter
Furthermore, parliament and judiciary contributes immensely towards determination of whether a person should be convicted of manslaughter. In UK, this is ensured by protecting individuals by the implementation of Corporate Manslaughter Act. This act provides a more reliable approach towards prosecution of corporations for cases of ‘Corporate Manslaughter’ in England, Wales and Northern Ireland. It is also applied in dealing with cases of ‘Corporate homicide’ in Scotland. This ensures corporations are punished for failure to effectively manage health and safety requirements of their employees, and the unlawfulness of the business, the duty of care and being responsible towards its employees. Manslaughter can be committed when a person attacks another person with the intention to kill him. However, parliaments ensure the rights of the attacker by ensuring the attacker is given a less serious punishment in case where he has been provoked by the person who has been attacked. Furthermore, parliament passes laws regarding gross manslaughter such as a person who operates so recklessly that he kills another person. The Act also applies to the safety of customers and clients of the business where they are involved in activities of the business or using facilities of the business. This act does not involve prosecution of individuals and they do not face any risk of prison sentence under the terms of legislation.
In case where a company is a foreign one operating in the UK, similar laws apply and companies which operate under a single group structure are regarded as legal entities thus subjected to the offence. However, consideration needs to be provided whether the organization is a distinct legal entity from the parent organization or just a simple sub-division. For instance, if a company is operating internationally and it has a subsidiary in the UK, it is the subsidiary that is prosecuted and not the company itself.
In the cases where corporate actions have contributed to death of an individual, courts formulates laws such as the possibility of the defendant to have the duty of care to the deceased. For instance, when a person dies as result of a ferry accident while the ferry owners had the duty of care to the person who was travelling by means of their transport facility the ferrying company is held responsible for the accident. In addition, courts have to prove that the courts have to prove that the defendant showed negligence in the act, for instance by allowing the ferry to set to the sea without closing the bow doors. Furthermore, the courts have to prove that the there is evidence of gross negligence by the defendant such as the anticipation of the risk that resulted into the accident, injury or death of the passenger. In the cases where organizations have been convicted of corporate manslaughter, individual managers are usually not charged with criminal charges. These charges are vested on the corporations that employed the affected individuals. Thus courts will require such corporations to pay unlimited fines and also make public their failures to meet the care of the person and their assurance to avoid similar negligence in future. This usually results in serious damage to the reputation of a company as well as the loss of income in payment of compensations to the affected individuals.
Processes of making Laws regarding Marriage and Family Life
Parliament and judiciary play a significant role in formulation of laws regarding marriage and family life. It has been observed that a number of countries have certain common laws regarding marriage and family life. These laws ensure the rights of married people are protected while their complaints are dealt with in case there is violation of these rights. Parliaments provide individuals with sound minds to have the rights to marry and form families and these families are regarded as the fundamental units of society and consequently such rights are protected by laws. However, people are allowed to marry a person from any part of the world today and there exists a diverse form of families and marriages all over the world.
Furthermore, parliament and judiciary ensures the rights of married people are equal and the couple needs to have equal responsibilities for the lives of their children as well as share the consequences in case of dissolution of marriage. On the contrary, in most countries around the world, the rights of women are not usually regarded as equal in status to those of men in marital family life. Rights of women are usually circumscribed in their unit roles and legal capacity. Their status is mainly determined based o their relationship with male family members and this has an effect on their rights and entitlement such as the right to inherit properties.
Individuals are also provided with the right to give full and free consent of marriage. Both men and women are allowed to have their individual consent regarding a proposal by one of them. Forced marriages are regarded illegal despite the economic interiors of parents of the couple to be married. Forced marriage is mainly observable in situation where girls under the age of 18 are married based on the consent of their parents.
According to Regional and International Instruments for protection of family and marriage life, right to family is guaranteed by the regard of a family as the natural fundamental group unit of the community and is entitled for protection by the state in which it is formed. In addition, women and men are allowed to marry provided they are marriageable and able to form families. Furthermore, the states ensure the rights of the spouses are equal and they are responsible for the marriage, during marriage and at the dissolution of the marriage. Provisions are made to ensure the rights of children are protected in case of dissolution of marriage.
Ensuring human rights are obeyed is a critical issue that cannot be achieved by an individual’s effort. This has made it necessary for various governments to come up with universal ways of ensuring these rights are observed. Most laws governing these rights are formulated by parliament and implemented by the judiciary.
Parliament and judiciary are regarded as critical arms of government in controlling the rights of people in various spheres of life. The laws acted by parliament in protecting human rights are applicable in all areas of life. These laws ensure that both young and old people are safeguarded from mistreatment in their areas of life. For instance, in youthful stages, young people are regarded as unable to distinguish between right and wrong, hence excluded from prosecution. In marriage, parliament enacts laws that ensure married spouses are allowed to enjoy their marital life while in employment employees are safeguarded from mistreatment by their respective companies. The judiciary also plays a significant role in ensuring rights of the offended people are protected and those who are adversely affected are compensated appropriately. It also ensures that the offenders are penalized based on the intensity of their crimes. These actions of parliament and judiciary ensures rights of people are protected and people live peaceful lives in their respective states.