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1. Britain's Emerging Constitution? The question would have
surprised Mr Podsnap, a character in Dickens' novel, Our Mutual
Friend. In an oft-quoted passage, Mr Poldsnap said: "We Englishmen
are Very Proud of our Constitution, Sir. It Was Bestowed Upon Us By
Providence. No Other Country is so Favoured as This Country". Mr
Podsnap praised insularity. To this he attributed our fortunate
constitution and the fact that the English "do not do as others do".
But in speaking only of England, Mr Podsnap, like other Victorians,
seems to have been unconscious that since 1707 England had since united
with Scotland and since 1801 further united in the United Kingdom of
Great Britain and Northern Ireland.
2. Mr Podsnap was using Constitution in the sense of a set of
informal rules and understandings governing the organisation and
operation of a country. More commonly, and in recent European debate,
Constitution refers to a single, formal, comprehensive document with a
specially entrenched status - meaning that it cannot be changed by
ordinary law. In that sense, the United Kingdom has no Constitution.
But we can be said to be moving towards one, and to have acquired some
documents with constitutional significance. My purpose is to paint the
current picture and some issues to which it gives rise. I shall do this
in stages:
3. As I have said, the United Kingdom has no written Constitution.
The historically minded can of course point to ancient documents with
constitutional significance: Magna Carta 12152 and the development of habeas
corpus, the Petition of Right 16283, the Bill of Rights 16894 and the
Act of Settlement 17015.
Until recently, litigants in person were still much given to citing
Magna Carta. Since 1998, their attention has turned more to the Human
Rights Act. But all the previous documents mentioned had two features:
they were enactments at the level of ordinary legislation, and could be
repealed or altered accordingly. Secondly, they were primarily measures
to reinforce Parliamentary as against royal sovereignty. They reflect
the 17th century settlement which still prevails in British
constitutional theory. Parliament (technically the Monarch in
Parliament) is sovereign and can pass any law it likes. At the start of
the 17th century, there were judicial suggestions that
Parliamentary legislation might be subject to judicial control. In Dr
Bonham's Case in 1610, Chief Justice Coke argued that "when an Act
of Parliament is against Common right and reason, or repugnant ..., the
Common Law will controll it, and adjudge such Act to be void"6. But the
victory of Parliament and the law over the Crown in and after the Civil
War led to acceptance of the absolute supremacy of Parliament. By the 19th
century, constitutional writers such as Bagehot and Dicey could almost
entirely ignore the judiciary as an element of our unwritten
Constitution. The sole constitutional theory became that whatever
Parliament enacted was law, and that Parliament could change the law
whenever and however it liked. Any later statute inconsistent with an
earlier statute would to that extent impliedly repeal the earlier
4. No revolution or social change led to any need to reconsider this
principle in the United Kingdom itself. However, as former colonies and
overseas territories gained independence, the United Kingdom did
negotiate for and with them written Constitutions. They are in what is
called the Westminster style - ironically since Westminster is the one
place where there is no written Constitution. But the aim was to
reproduce in writing the underlying principles according to which the
United Kingdom's unwritten Constitution operated. Westminster style
constitutions are thus based on the separation of legislative,
executive and judicial arms of state, and they contain provisions
defining the powers of each and securing the position of each as
against the others. In the case of older dominions such as Australia
and Canada, they also regulate the relationship of federal and state
powers. The Westminster style constitutions negotiated in and after the
1960s include important chapters dealing with fundamental rights and
freedoms. These are largely modelled on the European Convention on
Human Rights. The United Kingdom played a leading role in drafting that
Convention in the early 1950s. (Not for nothing is there a Quai Ernest
Bevin in Strasbourg.)
5. A considerable number of the smaller and more recently
independent states (including some republics) as well as the United
Kingdom's remaining overseas territories still retain the Privy Council
under their Constitutions as their final court of appeal. The Law Lords
(that is the 12 members of the Appellate Committee of the House of
Lords, the United Kingdom's highest court where I sit) spend up to 40%
of their time sitting on such appeals. We sit in the Privy Council's
lovely old court in Downing Street, or nowadays sometimes overseas in
the Bahamas and Mauritius. Over the last forty years, the Privy Council
has developed an extensive and penetrating case-law on the operation
and effects of Westminster style constitutions7. So it cannot be said
that United Kingdom judges have no experience of written constitutions
or entrenched rights. In fact the Privy Council only remains as final
court of appeal in some states because it is constitutionally
entrenched: in Independent Jamaica Council for Human Rights (1998)
Ltd. v Marshall-Burnett and the Attorney General for Jamaica
[2005] UKPC 3, [2005] 2 AC 356 the Privy Council held unconstitutional
three ordinary Jamaican statutes, not passed by the procedure mandated
for amendment of entrenched provisions of the Constitution of Jamaica,
which had purported to replace appeal to the Privy Council with an
appeal to a new Caribbean Court of Justice8.
6. The first big changes within the United Kingdom came with the
emergence over the last four decades, through judicial initiative and
procedural reform, of a more coherent and workable system of
administrative law. This did not affect Parliamentary sovereignty.
Judicial review controls legality: public powers must be exercised
within the limits that Parliament must be taken to have contemplated
when granting them; any failure to do this makes the exercise of the
power a nullity. Judicial review goes back to the 17th
century, when the King's Bench made writs of mandamus, certiorari,
and prohibition, as well as remedies of damages, available to curb
administrative action. But by Mr Podsnap's time, there was still no
coherent system, and some of the wisdom had been lost9. The first half of the 20th
century saw some feeble jurisprudence10.
7. However, the second half of the last century saw a complete and
speedy turn-around11.
By 1981 Lord Diplock could say "that progress towards a comprehensive
system of administrative law .... [has been] the greatest achievement
of the English courts in my judicial lifetime"12. This development,
and replacement of the old prerogative writs by a modernised procedure
for judicial review, met an increasing demand. It affected the culture
of decision-making. So much so that during the 1990s a civil service
publication was produced entitled "The Judge over your shoulder"! Its
rationale was faithful to the judicial role of giving effect to
Parliament's intention that powers should be exercised within
appropriate limits. But such limits were taken by the courts to be
exceeded if the decision-maker applied a mistaken interpretation of the
law, took into account irrelevant considerations, failed to take into
account relevant considerations or arrived at a decision which was
wholly unreasonable13.
8. Judicial review of administrative action is central to the rule
of law. It avoids arbitrary, unequal and unfair decisions. It helps to
make the law clear and predictable and to make public officers
accountable for their conduct. Judicial review is on its face concerned
with procedural regularity: has a power been exercised within its
limits? But the rule of law is a wider concept. It is still possible to
conceive of a state ruled by a despot, in which unfair laws are
administered with perfect efficiency, consistency and regularity. It
would not be possible nowadays to describe such a state as subject to
the rule of law. We expect more in today's world of the law. Hence of
course the Declaration of Human Rights, the European Convention and the
widespread development of written constitutions with charters of
fundamental rights. During the last decade of the 20th
century, United Kingdom courts began increasingly to respond to such
thinking. Common law courts began to identify as fundamental certain
rights which Parliament was not lightly to be taken as having
neglected. The common law has always recognised certain presumptions
when interpreting statutes - against criminalisation of conduct without
clear words, against retrospectivity, against confiscation without
compensation, against ouster of the jurisdiction of and in favour of
access to the courts, in favour of secrecy of communications between
lawyer and client, and against admission of evidence obtained by
torture. To these one should nowadays add more general concepts such as
equality. The greater the inroad into any such fundamental concept, the
clearer the words required. Again the courts rationalised this as
giving effect to Parliament's implied intention. But, in the absence of
any written Constitution, if Parliament used clear enough words, common
law courts had to apply them.
9. A few extra-judicial voices (harking back to Coke CJ) have
suggested that under extreme circumstances a different model might
emerge even at common law. Parliamentary sovereignty has been described
as a construct of the judiciary. It depends on day-to-day recognition
in the courts of Parliament's laws. Might it not therefore be subject
to modification by the courts in the same traditional way as they
develop the common law? Might there not be statutes so outrageous that
the courts would not recognise them? This would be a judicial
revolution, not development. However, the possibility came near to
being tested in 2004 when the government included in the Asylum and
Immigration (Treatment of Claimants, etc.) Bill an ouster clause,
seeking to exclude in language as clear as possible any access to the
courts by anyone dissatisfied with a decision of the Immigration Appeal
Tribunal. Happily, there was sufficient reaction to this unprecedented
proposal to oblige its withdrawal in the legislative House of Lords.
10. Echoes of the debate are, however, found in an interesting
case, which arose from the Hunting Act 2004. This Act was aimed at
banning fox-hunting, though it does not appear to have achieved
anything like that. The Act was forced through Parliament without House
of Lords consent after one year's delay. This was by use of the
combination of the Parliament Acts 1911 and 1949. The 1911 Act had
allowed the House of Commons to force legislation through when House of
Lords consent was refused. But it had set a period of two years' delay
before this could occur. The 1911 Act procedure was then in 1949 used
to reduce the period of two years in the 1911 Act to one year. In R
(Jackson) v Attorney General [2005] UKHL 56, the validity of the
1949 Act was challenged. It was argued that the 1911 Act could not be
used by the Commons to increase its own power which it only had under
the 1911 Act. In short, this was the Commons seeking to hold itself up
by its own boot-straps. The House rejected the challenge. But it
accepted that it was for the courts to judge what counts as an Act of
Parliament, and some of the Law Lords left expressly open what might be
the judicial reaction in extreme circumstances14. Lord Steyn said at
paras 101-2:
"101. The Attorney General said at the hearing that
the government might wish to use the 1949 Act to bring about
constitutional changes such as altering the composition of the House of
Lords. The logic of this proposition is that the procedure of the 1949
Act could be used by the government to abolish the House of Lords.
Strict legalism suggests that the Attorney General may be right. But I
am deeply troubled about assenting to the validity of such an
exorbitant assertion of government power in our bi-cameral system. It
may be that such an issue would test the relative merits of strict
legalism and constitutional legal principle in the courts at the most
fundamental level.
102. But the implications are much wider. If the
Attorney General is right the 1949 Act could also be used to introduce
oppressive and wholly undemocratic legislation. For example, it could
theoretically be used to abolish judicial review of flagrant abuse of
power by a government or even the role of the ordinary courts in
standing between the executive and citizens. This is where we may have
to come back to the point about the supremacy of Parliament. We do not
in the United Kingdom have an uncontrolled constitution as the Attorney
General implausibly asserts. ..... The classic account given by Dicey
of the doctrine of the supremacy of Parliament, pure and absolute as it
was, can now be seen to be out of place in the modern United Kingdom.
Nevertheless, the supremacy of Parliament is still the general
principle of our constitution. It is a construct of the common law. The
judges created this principle. If that is so, it is not unthinkable
that circumstances could arise where the courts may have to qualify a
principle established on a different hypothesis of constitutionalism.
In exceptional circumstances involving an attempt to abolish judicial
review or the ordinary role of the courts, the Appellate Committee of
the House of Lords or a new Supreme Court may have to consider whether
this is a constitutional fundamental which even a sovereign Parliament
acting at the behest of a complaisant House of Commons cannot abolish.
It is not necessary to explore the ramifications of this question in
this opinion. No such issues arise on the present appeal."
11. In a mature democracy, the hope must be that extreme situations
will be avoided. As Lord Hope said at para 125:
"In the field of constitutional law the delicate
balance between the various institutions whose sound and lasting
quality Dicey .... likened to the work of bees when constructing a
honeycomb is maintained to a large degree by the mutual respect which
each institution has for the other. In Pickin v British Railways
Board [1974] AC 765, 788A-B Lord Reid observed that for a century
or more both Parliament and the courts have been careful to act so as
not to cause conflict between them. This is as much a prescription for
the future as it was for the past."
Written constitutions are of course designed both to forestall and
to cater for extreme situations, although in the end the law may itself
prove insufficient or be subverted: witness for example Zimbabwe.
Interestingly, Lord Hope did himself mention a possible argument that
the United Kingdom already in one limited respect possesses a written
Constitution. The Act of Union between England and Scotland of 1707
preceded and provided for the creation of the United Kingdom
Parliament, and the argument is that certain of its provisions might
therefore be incapable of amendment. The argument may risk proving too
much. Even the most entrenched provisions in written constitutions are
usually capable of being altered in some way, even if only by
plebiscite. We could not easily bring back to life the English and
Scottish Parliaments which agreed to the Act of Union in 1707!
12. The first real inroad into the traditional model of
Parliamentary sovereignty came as a result of the United Kingdom's
membership of the European Community. The United Kingdom takes a
largely dualist (as opposed to monist) approach towards public
international law. In other words, international treaties do not become
automatically part of United Kingdom law; they do so only if and when
enacted domestically. Domestic effect has thus to be given to the
European Treaties by the European Communities Act 1972. Section 2(4) of
that Act provides that any statute (past or future) shall "be construed
and take effect subject to directly enforceable Community rights". On a
conventional view of Parliamentary sovereignty, any later statute
inconsistent with the European Treaties might to that extent have been
treated as repealing the European Communities Act. But section 2(4) of
the 1972 Act has been accepted as a sufficient basis (first) to
interpret later statutes consistently with European Community law, in
accordance with the Community law principle that domestic legislation
should "so far as possible" be so read, and (second and fundamentally)
as a sufficient basis for courts to treat even primary legislation as
void if it cannot be read consistently with EC law. This was necessary
if the United Kingdom was to give the primacy to European law which the
European Court of Justice has required in cases such as van Gend
en Loos15.
But it required some modification of the rule of recognition whereby
United Kingdom courts identify what is United Kingdom law. Later
inconsistent statutes are not treated as impliedly repealing the
European Communities Act 1972 pro tanto, but rather as
themselves void.
13. After coming to power in 1997, a new government initiated a most
ambitious, but well-prepared, programme of constitutional reform. Its
three main features were reform of the House of Lords, devolution in
Scotland, Wales and Northern Ireland (creating a sort of mini- but
unbalanced federalism) and the domestication by the Human Rights Act
1998 of the Human Rights Convention rights. The first, House of Lords
reform in 1999, involved displacing almost all of the hereditary peers
(some 90 remain, elected by their peers by an arcane system). The
effect has been to make the House of Lords more balanced politically.
There are now three main, roughly equal groups: Labour, Tory and
cross-benchers. The House of Lords' confidence and ability to
scrutinise and, within the limits of its legal and conventional power,
to review or reject governmental bills has increased.
14. The second feature was devolution, and the third was the Human
Rights Act, which until 1998 was binding on the United Kingdom only
internationally. Devolution and the domestication of the Human Rights
Convention were linked. The devolution legislation provides that the
devolved assemblies and executives have no power to pass legislation or
do acts contrary to the Convention rights. The Privy Council has been
given jurisdiction to determine whether any devolved assembly or
executive has acted within its powers, including power to determine
whether any of the assembly's statutes or any of the executive's acts
are void as conflicting with Convention rights.
15. The Human Rights Act 1998 is a subtle instrument. It follows a
different pattern to the European Communities Act 1972 in the respect
paid to Parliamentary sovereignty. Section 1(2) gives domestic effect
for the purposes of the Act to Convention rights in the same terms as
those in the Convention. Section 2 requires courts to "take into
account" any judgment or decision of the European Court of Human Rights
when "determining a question which has arisen in connection with a
Convention right". Echoing European Community law, section 3(1)
provides that courts shall "so far as it is possible to do so"
interpret and give effect to all legislation in a way which is
compatible with the Convention rights. It is where this is not possible
that the distinction exists between the position in relation to
Convention rights and European Community legislation. Where primary
legislation of the Westminster Parliament cannot be read as compatible
with Convention rights, the court can do no more under section 4 than
make a declaration of incompatibility. This does not invalidate the
legislation. It merely leads to an accelerated procedure for Parliament
to decide whether to pass amending legislation. If it does not do so,
then of course the United Kingdom remains in apparent breach of its
international obligations and at risk of individual claims in
Strasbourg. So far (in the twenty-five or so cases where declarations
of incompatibility have been made) Parliament has always amended
legislation, to comply with the Convention16. Subordinate
legislation and other administrative acts incompatible with the
Convention are, on the other hand, unlawful and void, and victims may
claim damages (or, in the case of a court decision contrary to
Convention rights, appeal) in the United Kingdom.
16. After a period of some years' respite, the government returned
to the theme of constitutional reform. This time it did so with
considerably less forethought. Without warning, on 12 June 2003 it
issued a back of an envelope press announcement. The announcement
addressed the positions of the Lord Chancellor and his department, the
Law Lords, judicial appointments and discipline. The Lord Chancellor
had for centuries occupied a central, although anomalous, position at
the cusp of the three arms of state. He was a member of the Cabinet,
Speaker of the legislative House of Lords, and Head of the English and
Welsh Judiciary able to sit in and entitled to chair the Appellate
Committee of that House. In Gilbert and Sullivan's Iolanthe,
the Lord Chancellor enters, singing "The Law is the true embodiment of
everything that's excellent. It has no kind of fault or flaw. And I my
Lords embody the Law". He was largely responsible for judicial
appointments, though acting on advice and in accordance with
increasingly formalised procedures. He was responsible for judicial
conduct and discipline, although increasingly in conjunction with the
day-to-day chief justices of the three United Kingdom jurisdictions,
England, Scotland and Wales. The Strasbourg authorities were starting
to focus on the anomalies of his position. Influential voices had also
suggested that the Law Lords, although consisting of experienced judges
and operating entirely non-politically, might be better understood if
constituted into a separate Supreme Court.
17. The back of an envelope press announcement on 12 June 2003
appears to have owed a lot to largely forgotten political expediencies.
The government announced that it was abolishing the office of Lord
Chancellor (and all office and door signs were changed immediately),
establishing a new Supreme Court and establishing commissions for
judicial appointments. Temporary chaos ensued. It was found at once
that the legislative House of Lords could not function without a
Speaker and that the Lord Chancellor had innumerable statutory
functions. After a long period of what Europe calls "reflection" and
extensive negotiations with the judiciary, a viable Constitutional
Reform Act 2005 was enacted. The Lord Chancellorship remains as a
title, but he is now a purely political figure on whom specific duties
are imposed to observe the rule of law and respect the independence of
the judiciary. Until 2007, he continued to be a peer, heading the newly
named Department of Constitutional Affairs, responsible for court
service and legal aid.
18. On 9 May 2007 the government then announced the creation of a
new Ministry of Justice. This was to expand to take over responsibility
for criminal law and prisons from the Home Office. The emergence of so
large a department with so many calls on its budget disturbed the
English judiciary, and led to yet further negotiations between them and
the government. These did not go far until on 28 June 2007 a new Prime
Minister appointed a new Lord Chancellor, Mr Jack Straw, who was
prepared to take a new look. In April 2008 agreement was reached on a
form of partnership between the Lord Chief Justice and Lord Chancellor
in relation to the control of the court service. Further, its day to
day administration was to be left to a board of 11 persons, comprising
an independent non-executive chair and two other non-executives, three
representative judges, one Ministry of Justice representative, the
Chief Executive and three other Court Service executives. The Chief
Executive and all Court Service staff owe joint duties to the Lord
Chancellor and Lord Chief Justice for the efficient and effective
operation of the courts. The Lord Chancellor and Lord Chief Justice
have a joint role in agreeing on the budgetary bid, on which the latter
is ultimately able to make representations to Parliament.
19. Following the changes in the Lord Chancellor's role, the Speaker
of the Lords is now a peer elected by her fellow peers. The heads of
the judiciaries are the three chief justices, who have a dominant role
in disciplinary matters. The Lord Chancellor's role in judicial
appointments and discipline is diluted to the point where it can be
largely discounted. The Law Lords will on 1st October 2009
become the new United Kingdom Supreme Court, moving from the Palace of
Westminster to a refurbished building the other side of Parliament
Square, which it will share with the Privy Council. But our powers will
not change. We shall not acquire any greater power to strike down
legislation. We shall not be a United States Supreme Court (and
certainly not politicised). The only change will be a transfer of the
competence over devolution issues from the Privy Council to the new
Supreme Court.
20. Still more recently, the new Prime Minister has aimed at
constitutional reform, in the form of an uncomfortably named
Constitutional Renewal Bill. It has some provisions about the security
of tenure and roles of law officers and prosecutors. These go
significantly less far than their equivalents in the Westminster style
constitutions given to former colonies17. The Attorney General has an
ambiguous role which was highlighted by advice given immediately prior
to the Iraq War. S/he is, at one and the same time, (i) responsible for
the prosecution service and for the Treasury Solicitor's department
which deals on behalf of the government with civil matters, (ii)
guardian of the public interest, and (iii) chief legal adviser to the
government of the day, expected to attend Cabinet when events require.
A number of voices question the appropriateness of the Attorney General
wearing all three hats. The presently proposed reform seems unlikely to
go far in removing the potential for problems. It preserves both the
Attorney's role as government legal adviser and power to intervene to
safeguard national interest. The Act makes minor amendments to the
arrangements regarding judicial appointments and provides for the
management of the civil service and a civil service code. It contains
interesting new provisions requiring treaties to be laid before
Parliament before ratification, other than in exceptional
circumstances, and precluding ratification if Parliament within 21 days
resolves that the treaty should not be ratified. Currently, the
government is also pursuing the idea of a statutory Bill of Rights and
Duties raised in a Green Paper of July 200718. The subject matter
of any such Bill would necessarily overlap with ground already covered
by the Convention rights, but might (it is suggested) underline that
human rights come with responsibilities and might also add to the
Convention rights (for example, by recognising the right to jury trial
or by including some socio-economic rights). What this may mean in
practice will appear from a further Green Paper expected shortly to be
21. In relation to European Community law and the Convention on
Human Rights, the answer is probably not much in practice. Of course it
is clear the United Kingdom does not have a written Constitution in the
legal sense in which most other countries in the world (the exceptions
being, it appears, New Zealand and Israel) have one. It has no
comprehensive governing document and certainly none with entrenched
provisions. Parliament could in theory repeal tomorrow the European
Communities Act 1972 and the Human Rights Act 1998. But theory and
practice work differently, and both Acts have in reality achieved
considerable entrenchment of the provisions or principles they
22. Second, both in the United Kingdom and in countries without a
written Constitution, courts have accepted the powerful obligation to
interpret domestic law "as far as possible" consistently with European
Community law or Convention rights. How far these allow meaning to be
stretched beyond what appears contextually natural is of course a
difficult question. The United Kingdom approach has been to confine the
exercise to expanded interpretations which "go with the grain" of the
This may perhaps be paraphrased as meaning that they are consistent
with its fundamental features, even if they require some linguistic
changes. To go further would be "judicial vandalism" or change black
into white20.
Some have suggested that the House of Lords has at least once been
guilty of such vandalism21.
23. It is where it is not possible to interpret domestic legislation
compatibly with European Community or Convention law, that theoretical
differences exist between the United Kingdom and countries with a
written Constitution. In theory, Parliament could, as I have said,
decide that the United Kingdom should leave Europe tomorrow. But
Eurosceptic though we and in particular our press may be, this is
inconceivable, and, while we remain within, directly applicable
Community law prevails over any contrary domestic law. Here lies a
paradox. It is because we have no written Constitution both
that Parliament is sovereign and that Parliament has
surrendered some of its sovereignty to Europe. In contrast, in
countries which have no sovereign parliament and where institutions are
bound by a written Constitution, there is scope for argument how far
European sovereignty can prevail over the domestic Constitution. The
German Constitutional Court has addressed this problem in its two Solange
judgments of 29 May 1974 and 22 October 1986 in which it held that the
German Constitution remained in its protection of fundamental rights
theoretically superior to Community law, although in practice the
latter would be accepted as containing equivalent protection,22 and in
its Maastricht decision of 12 October 1993 in which it held
that the German courts, rather than the European Court of Justice, were
the ultimate arbiters of the scope of the powers granted to the
24. A similar position has been taken by the Danish Supreme Court24 and
Polish Constitutional Court25 and also, it seems, by the French
Conseil Constitutionnel in considering the proposed European
Constitutional Treaty26.
The problem about this approach is that the European Court of Justice
under the European Treaties the ultimate arbiter of compatibility with
the Treaties. Indeed, courts should refer to it questions of
incompatibility. If national constitutional courts were to take a
different view from the Luxembourg court, their countries would
ultimately be liable to penalties for non-compliance with the Treaties.
In practice, it seems likely that national constitutional courts or the
European Court of Justice would be careful to avoid direct conflict.
But the possibility of conflict is probably a better incentive for the
European Court of Justice to avoid conflict than any which the United
Kingdom, with its lack of any written Constitution, can offer.
25. Turning to the European Convention on Human Rights, the
position is different. Convention rights have a status no higher than
that of ordinary statute, whether one is talking of the United Kingdom
or of other European states such as Germany and France. Convention
rights can thus in theory be overridden by later incompatible domestic
legislation. All the more, of course, can they in theory be overridden
by a right or balance of rights recognised by the Constitution. But
this would put Germany in breach of its international obligations under
the European Convention and render it liable in Strasbourg. The German
Constitutional Court has faced this issue by asserting the superiority
of the Constitution, but at the same time holding that "as long as
applicable methodological standards leave scope for interpretation and
weighing of interests"27,
German courts must adopt an interpretation consistent with the
Convention. German law on privacy has posed some interesting problems
for German courts in this regard28. The German Supreme and
Constitutional Courts under the Constitution and the Strasbourg Court
under the Convention have taken different views as to the appropriate
balance between press freedom and the right to private life in the
context of paparazzi photographs. The German Courts are still
addressing the consequences29. Lawyers must be grateful to
Princess Caroline of Hannover for the persistence with which she has
pursued her wish not to have photographs of herself and her family
published in the press. It has been suggested that in areas like this,
where national constitutions have established a recognised balance
between two conflicting rights, press freedom and individual privacy,
the Strasbourg court might leave a greater margin of appreciation or
freedom to domestic constitutions and courts to arrive at the
appropriate balance.
26. A written Constitution may also introduce into domestic law
rights different from and going beyond those recognised under the
Strasbourg Convention. That Convention does not directly address social
and economic rights, such as a right to schooling, housing or benefits.
But at least in Western European democracies such matters are heavily
regulated by very detailed instruments, and general rights of this
nature might be of limited value and certainly very difficult for
courts to address. An interesting question has, however, recently
arisen, namely whether, in the absence of any written Constitution, the
Human Rights Act 1998 may not itself have introduced into United
Kingdom domestic law greater rights than would be enforceable in
Strasbourg. One view was that domestic courts could never find a
violation of Convention rights unless Strasbourg would also do so. But
Strasbourg allows domestic courts a margin of appreciation in certain
areas, recognising in particular that differing countries may strike
differing balances between different Convention rights and interests,
e.g. in areas such as the protection of family or private life. It is
then for domestic institutions to undertake the balance. In R v P
[2008] UKHL 38, an appeal from Northern Ireland, the local subordinate
legislation (unlike the parallel English statute) did not permit
adoption by unmarried couples. The House of Lords considered, obiter,
that, even if Strasbourg had regarded this as falling within the
permissible margin of appreciation at an international level, it was
open to us as the relevant United Kingdom appeal court to hold that the
balance struck by Parliament as legislator was unjustifiably
discriminatory, contrary to the rights to family and private life and
to equal treatment protected by Articles 8 and 14 of the Convention. On
this basis, the United Kingdom may be said to a limited degree to have
its own domestic bill of rights, which, although not fully entrenched,
has a very strong measure of entrenchment under the 1998 Act.
27. Does the United Kingdom suffer from its lack of any coherent
written Constitution? One main virtue of a written Constitution is to
present the institutional layout and working of a state to its citizens
in a clear and logical way. Here, I shall, however, deviate to confess
to a small personal regret about the logic of constitutional
arrangements. At present, as a member of the Upper House of Parliament,
I am eligible technically to participate in legislative business. In
fact, the Law Lords have renounced any role with political implications
and largely renounced any role in legislative business of the House of
Lords at all. But the tradition continues that a Law Lord chairs the
Sub-Committee (Sub-committee E of the European Union Select Committee)
responsible for scrutinising European Law and Institutions. I shall be
the last Law Lord to do this, since under the Constitutional Reform Act
2005 my right actively to participate in the affairs of the House will
be suspended while I am a serving judge. Purer though the separation of
powers will be as a result, I shall regret its application in this
respect. The role of chair, indeed that of the whole Sub-Committee, is
non-political, very interesting and informative, and it gives a
valuable exposure to the way in which Europe legislates and operates,
which is I believe useful judicially without in any way compromising
independence. I hope that there are also benefits both ways.
28. Now, however, for the far more important positive side of clear
and logical constitutional arrangements. An example is offered by a
comparison of the arrangements under which the Select Committee
(including Sub-committee E) operates and those in the German
Parliament. The Select Committee is appointed to consider "European
Union documents and other matters relating to the European Union". Such
documents include any proposal for European Community legislation, any
document published for submission to the Council or European Council,
and any other document relating to Union matters which is deposited in
the House by a minister. But the concept of "proposals" adopted for the
purpose of scrutiny does not cover documents such as statements of
position by Member States or suggested textual compromises. These are
frequently exchanged during negotiations between Member States.
Influential documents such as presidency or individual Member States'
summaries or positions are therefore not covered. The minister may or
may not decide to disclose them. He or she may claim that they reflect
confidential negotiations which should not even be disclosed to
Parliament. There is indeed a possible problem here. Although the
Select and Sub-Committee's scrutiny take place in private,
communications to and from ministers are public documents. But, if
confidentiality is a real problem, consideration should perhaps be
given to at least a temporary restriction on public disclosure. In
contrast, the German Parliament sees confidential negotiating
documents, but on the basis that, although they are generally open,
confidentiality will, where appropriate, be preserved.
29. The Select Committee operates under a House of Lords Scrutiny
Reserve Resolution of 6 December 1999, according to which "[n]o
Minister of the Crown should give agreement in the Council or in the
European Council to any proposal for European Community legislation
[...] which is still subject to scrutiny or on which the European Union
Committee has made a report to the House for debate, but on which the
debate has not yet taken place". In the case of decisions requiring
unanimity, abstention is treated as giving agreement. But the Minister
may override scrutiny and give agreement "if he decides that for
special reasons agreement should be given", although then he must
afterwards explain his reasons. Among the reasons for doing so may be
the perceived exigencies of negotiations, e.g. where agreement is
urgent and scrutiny impractical (e.g because Parliament is not in
session). In practice, scrutiny is quite rarely overridden.
30. The House of Commons also has a European Scrutiny Committee,
operating under Standing Order 143. But its mandate is, if anything,
more limited. It simply examines "European Union documents", defined
(for present purposes) in terms identical to the definition to be found
in the House of Lords Select Committee's mandate. Its task is to report
to the House of Commons on the legal or political importance of such
documents, to enable debate in the House of Commons.
31. In practice, the government goes beyond the formal arrangements
by providing Explanatory Memoranda and, in the case of substantial
changes and even where no depositable document has emerged,
Supplementary Memoranda in respect of proposals. But there is no public
document reflecting such arrangements. Cabinet Office scrutiny
guidelines by which government directs itself are not public.
32. All this is in contrast with the detailed regulation of the
relationship between the Bundestag and Bundesrat on the one hand and
the Federal German government on the other, to be found in Article 23
of the German Constitution and amplified both by a law dated 12 March
1993, as amended on 17 November 2006, and by an agreement dated 28
September 2006 under Article 6 of that law. Article 23 enshrines in the
Constitution the general principle that the Federal Government shall
inform both houses of the German parliament "comprehensively and at the
earliest possible moment" in relation to European matters (para 2),
give the Bundestag the opportunity to take a position before the
government takes part in any legislative act of the Union and take
account of any position taken by the Bundestag in negotiations (para
3). The Bundesrat is also to participate in so far as it would have to
be involved in any corresponding German measure or in so far as the
matter falls internally within the competence of the German states
(para 4).
33. The law of 12 March 1993 spells out the implications of these
principles. The Bundestag can operate through a scrutiny committee
(section 2). The government's obligation to inform comprehensively and
at the earliest possible opportunity extends to all proposals in the
field of the Union which could be of interest for the Federal Republic
(section 3). The government will inform the Bundestag immediately of
its intentions, of the course of the negotiations, of positions taken
by the European Parliament and Commission and of other states as well
as of the decisions taken (section 4). The Bundestag must be given
sufficient time to consider the matters put before it before taking a
position, and the government will take any such position as a basis for
its negotiations (section 5).
34. The agreement of 28 September 2006 defines "proposals" to
include proposals under both the first and third pillars, "including
amended proposals". It fills out sections 3 and 4 of the law by
requiring the submission both of official Commission documents and of
unofficial documents (so-called "non-papers") of the Council and
European Council, of informal ministerial meetings and of Council
meetings. It also covers reports and communications of Union organs for
and about meetings of either Council or informal ministerial meetings,
and of national representatives, as well as reports of the Federal
German representation in Brussels. It provides for explanatory
memoranda to be provided normally at least ten working days before any
Council discussions (para I.5). If the Bundestag takes a position which
the government does not consider achievable, the government must note
its reservation accordingly. It must try to reach agreement with the
Bundestag, while having the ultimate right to differ for important
internal or external political reasons (para II.4). The German
arrangements have, in short, a completeness and clarity that the United
Kingdom arrangements do not.
35. Under the existing European Treaties, the United Kingdom does
not participate in the areas of Freedom, Security and Justice (Chapter
IV of the first pillar) unless it opts in, and the Treaty of Lisbon (on
which Sub-Committee E assisted to write a large report) would with the
merging of the first and third pillars extend such opt ins. The House
of Lords sought in that context to improve scrutiny arrangements for
opt ins. An amendment was introduced to the Lisbon Treaty Bill 2008 in
the House of Lords to require opt ins to be subject to positive
resolution of both Houses. The government to forestall this amendment
announced that it would accept tighter scrutiny arrangements. It would
provide an explanatory memorandum within ten days of any proposal,
would take into account any scrutiny committee views received within 8
weeks of the proposal, would arrange a debate on an amendable motion if
required in either House, would not, "as a general rule", override
scrutiny by opting-in within the 8 week period, and would ensure that a
minister was regularly available before each Justice and Home Affairs
36. However, the Lisbon Treaty is currently in limbo, and these
concessions have not survived. Asked by the House of Lords Select
Committee whether the government would apply the same improvements to
the existing opt-ins, the ministerial reply (in a letter dated 2 July
2008 from a very European-minded minister, Baroness Ashton, now our
European Commissioner) was that she did not believe it appropriate to
decouple them from the Lisbon Treaty, although the government was
"strongly committed to effective scrutiny of JHA, and keen to explore
how existing scrutiny arrangements can be improved". In short, one
might think, although the government was keen to improve scrutiny, it
was not going to do so yet. Mr Jim Murphy, Minister of State for
gave similar replies orally to the House of Commons Scrutiny Committee
on 25 June and to the House of Lords Select Committee on 15 July 2008.
37. One small improvement to date has been a letter of 1 July 2008
accepting another point on which the Select Committee had long been
trying to insist, namely that "agreement" to a proposal should include
agreement to a "general approach", which is a method by which ministers
at Council meetings very frequently finalise the basic outline and
provisions of a draft proposal. United Kingdom scrutiny of European
legislation is thus conducted on a basis which does not to come near
the fuller and constitutionally purer German position. Without
experience as to how the German system works in practice, it is not
possible for me to express any view as to which is more effective. In
practice, as so often with the British Constitution, mutual cooperation
appears to work well without entirely coherent arrangements to back it.
But there is still a strong case for clarity and comprehensiveness in
arrangements for Parliamentary scrutiny of the exercise by the
executive of what is in reality after all legislative power in relation
to European Community affairs.
38. There are other potential benefits of a written Constitution. A
written Constitution can have or acquire a symbolic value, as is the
case of the United States or, I think, German Constitution. (The
symbolism may not of course always be positive, as perhaps in the case
of a European Constitution, probably anyway misnamed.) Such symbolism
may, I think, be increasingly important in a diverse society like the
United Kingdom's. It may encourage a sense of unity and even loyalty,
which is now sometimes feared to be lacking.
39. But, above all, written constitutions protect minorities against
unfettered exercise of majority power by governments elected on a first
past the post system for periods of five year - the elective
dictatorship of which Lord Hailsham spoke. The recent focus on
constitutional issues does, I believe, owe much to a general feeling
that the exercise of power, above all by the executive, would benefit
from greater definition and transparency. The separation of powers has
not extended to any real separation of the executive from the
legislator. On the contrary, the former tends by and large to control
the latter. On the other hand, no loud voices are to be heard calling
for immediate enactment of a full written Constitution, least of all
from the United Kingdom judiciary. The 1998 Act is a subtle and, so
far, aside from irresponsible criticism, largely successful measure.
The judiciary is working out its limits, and Parliament, if it
disagrees, can, subject always to scrutiny in Strasbourg, amend the
law. It would also be difficult to formulate many of the sophisticated
conventions which govern the day to day operation of British
constitutional life into constitutional principles. Nonetheless,
attempts are being made by various academic experts and
non-governmental bodies, and one day maybe they will succeed.
Meanwhile, we shall rely on the ultimate bedrock of a modern democracy.
That is the day to day social harmony and compromises between its
diverse elements - the cooperation between bees, or human beings - of
which Lord Hope spoke so eloquently in the Hunting Act case.
Lord of Appeal in Ordinary. The following is the text of talk given to
mark the opening of the academic year at the Centre for British
Studies, Humboldt-Universität zu Berlin, 31 October 2008.
With its prohibition on imprisonment or exile of anyone "except by the
lawful judgment of his equals of by the law of the land" and its
guarantee that "To no one will we sell, to no one deny or delay right
or justice" (chaps. 29-20).
Prohibiting the King from raising money by forced gifts, loans, tax or
otherwise without Parliamentary sanction or from imprisoning or
detaining anyone or issuing commissions for proceeding by martial law
in this connection.
Proclaiming and protecting the authority and independence of
Parliament, prohibiting any standing army in time of peace, declaring
illegal any power of dispensing with laws of their execution "as it
hath been assumed and declared of late", prohibiting excessive fines or
bail and cruel and inhuman punishments and protecting jury trial.
Securing judicial tenure, by providing that the higher judiciary could
only be removed from office by address of both Houses of Parliament.
6 Dr
Bonham's Case (1610), 8 Co Rep. 114a.
See e.g. Liyanage v The Queen [1967] 1 AC 259, holding that
legislation directed at the trial of particular prisoners already
charged with particular offences on a particular occasion involved a
usurpation and infringement by the legislature of Ceylon of judicial
powers inconsistent with the implied intention of the Constitution of
that state; Hinds v The Queen [1977] AC 195, holding that the
Constitution of Jamaica rendered invalid the creation by ordinary law
of a new Gun Court, the judges of which were to exercise jurisdiction
equivalent to that granted under the Constitution to the Supreme Court,
but were not to be or to have the same constitutional security and
tenure as Supreme Court judges. Authorities such as these remain
fundamental to current Privy Council jurisprudence: see e.g. State
of Mauritius v Khoratty [2006] UKPC 13, where the Privy Council
held that a law removing any right to apply for pre-trial release on
bail where the prosecution charged certain drugs offences infringed a
fundamental principle of democracy and so could only be introduced by
plebiscite and unanimous vote in the Assembly, and Horace Fraser v
Judicial and Legal Services Commission [2008] UKPC 25, where the
Privy Council held that even if the contract under which they had been
engaged purported to permit termination at will during the period of
their engagement, members of the lower judiciary enjoyed during that
period security of tenure, in the sense that they could only be removed
for due cause by decision of the Judicial and Legal Services
The Board of the Privy Council sitting on the appeal was careful to
note (para 4): "that the Board, sitting as the final court of appeal of
Jamaica, has no interest of its own in the outcome of this appeal. The
Board exists in this capacity to serve the interests of the people of
Jamaica. If and when the people of Jamaica judge that it no longer does
so, they are fully entitled to take appropriate steps to bring its role
to an end. The question is whether the steps taken in this case were,
constitutionally, appropriate."
See A.V. Dicey, The Law of the Constitution (1885), ch 4.
Dicey, one of England's most famous constitutional writers in the 19th
century, at one point even attacked the French system of administrative
justice, administered by the Conseil d'Etat as "repugnant to the
British Constitution", viewing it misguidedly as means of giving
special rights or privileges to, rather than of controlling,
This included decisions denying the courts' right to intervene in case
of manifest error of law on the record: Nakkuda Ali v Jayaratne
[1951] AC 66, 80-81; and denying the right to any hearing in a case of
withdrawal of a trading licence, and (in a wartime context)
interpreting the words "If the Secretary of State has reasonable cause
to believe any person as being of hostile origin or associations ...."
as meaning no more than "If he genuinely considers", and as precluding
any review of the exercise of what was called his executive discretion:
Liversidge v Anderson [1964] AC 206, described within 20 years
in a later House of Lords case as "a very peculiar decision", see Ridge
v Baldwin [1964] AC 40, 73 (Lord Reid), and redeemed only by Lord
Atkin's dissent (beloved of law teachers and students) in which he said
that he knew of only one authority which might justify the majority's
method of construction: "'When I use a word', Humpty Dumpty said in a
rather scornful tone, 'it means just what I choose it to mean, neither
more nor less'. 'The question is,' said Alice,'whether you can make
words mean so many different things.' 'The question is,' said Humpty
Dumpty, 'which is to be master - that's all'" (Liversidge v Anderson
Starting with Ridge v Baldwin [1964] AC 40, which revived the
principles of natural justice, requiring a public authority which had
power to dismiss any police officer who it thought negligent or
otherwise unfit to inform the officer of any charges against the
officer and to give an opportunity for their rebuttal before dismissal,
and Re Racal Communications Ltd. [1981] AC 374.
R v Inland Revenue Commissioners, ex parte Federation of
Self-Employed and Small Businesses Ltd [1982] AC 617.
That is, in traditional terms, "arrived at a decision which no
reasonable decision-maker could reasonably have arrived at". But recent
authority has in some contexts softened this test and allowed a closer
and "more anxious" scrutiny: see e.g. Doherty v Birmingham C.C.
See Lord Steyn at paras 101-2, Lord Carswell at para178 and Lord Brown
at para 194.
Case 26/62 van Gend en Loos (NV Algemene Transporten Expeditie
Onderneming) v Nederlandse Administratie der Belastingen [1963]
The European Court in Strasbourg has not yet been prepared to hold that
this gives complainants a sufficient domestic remedy in the United
Kingdom, for them to be required to bring proceedings for a declaration
of incompatibility before going direct to the Strasbourg court: Burden
and Burden v United Kingdom (App no 13378/05) para 34. In that
respect, the United Kingdom does not offer the same protection as
Westminster style constitutions, under which the Privy Council
regularly gives constitutional relief. But the threat of Strasbourg
proceedings is a powerful incentive to the United Kingdom to respond
retrospectively to declarations of incompatibility.
The Directors of Public Prosecutions ("DPP") and of the Serious Fraud
Office are each to be appointed for at least five years and to be
removed only if the Attorney General is "satisfied that he is unable,
unfit or unwilling to carry out the functions of the office".
Green Paper CM 7170, The Governance of Britain, July 2007,
which even suggested that "the need to clarify .... what it means to be
the United Kingdom" might "in time lead to a concordat between the
executive and Parliament or a written Constitution". These two
possibilities appear however very different - the former would on its
face give Parliament, largely controlled by the executive, even greater
power, while the latter could well contain provisions making
Parliament, and not merely the executive, subject to judicial review.
Gaidan v Godan-Mendoza [2004] UKHL 30; [2004] 2 AC 557, para
121 (Lord Rodger).
ibid, Lord Rodger at para111.
In R v A (No. 2) [2001] UKHL 25; [2002] 1 AC 45. Parliament
had deliberately limited the right to cross-examine an alleged rape
victim and adduce evidence about any prior sexual relationship with the
accused to two specified cases. The House was prepared to read into the
statute a liberty to permit such cross-examination and evidence in any
other case where it was necessary to avoid a breach of the accused's
Convention right to a fair trial. The alternative, consistent with
Parliamentary sovereignty, would have been to make a declaration of
incompatibility and leave it to Parliament to frame a fairer law.
BVerfGE 37, 271-305 and BVerfGE 73, 339-388, reported in English at
[1974] CMLR 540 and [1987] CMLR 225. In it's the first it held that, in
the absence at that time of any systematic protection of fundamental
rights under European Community law, the German Constitution with its
inbuilt code of such rights must prevail in case of conflict. In the
latter, it held that, since the Community had now developed equivalent
protection, it would cease to accept cases asking it to compare the
protection afforded by European legislation with that available under
the German Constitution. But it did not depart from its previous
statements about the Constitution's theoretical superiority. The
Constitutional Court there held that it was for it and not the European
Court of Justice ultimately to determine whether any European
instrument fell within the limits of the sovereign rights which Germany
had conferred on the Community by its accession to the European
BVerfGE 89, 155-213, reported in English as Brunner v European
Union Treaty [1994] CMLR 57. The Constitutional Court held that it
was for it and not the European Court of Justice ultimately to
determine whether any European instrument fell within the limits of the
sovereign rights which Germany had conferred on the Community by its
accession to the European Treaties.
In Carlsen v Prime Minister Rasmussen [1999] 3 CMLR 854.
In Poland's Membership in the European Union (Accession Treaty)
Judgment K18/04 of 11 May 2005: see at http://www.trybunal.gov.pl/eng/index.htm
for an English summary.
Decision No. 2004-505 of 19 November 2004, [2005] 1 CMLR 30.
The Görgülü Case, BVerfGE 111, 307, 323, 329.
Princess Caroline of Hannover has for some years waged a campaign
against the paparazzi which reminds one of Greta Garbo's plea to be let
alone. The statement usually quoted is "I vont to be alone", reportedly
uttered or sighed in the film Grand Hotel. I have not seen
the film, but the internet tells me that Garbo later commented: "I
never said, 'I want to be alone.' I only said, 'I want to be let alone.'
There is all the difference." Indeed there is.
See the judgment of the Bundesverfassunsgericht of 26 February 2008
(NJW 2008, 1793) and that of the Bundesgerichtshof of 1 July 2008 (NJW
2008, 3141).
© 2008 Lord Mance. This HTML edition © 2008
University of Oxford.
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text:
Meer ideeën van .
(Face Claim/rp character!) Hi! I'm Shaiye Parker, and I'm 14 years old. I'm a daughter of Athena, though sometimes I act like a daughter of Apollo or a daughter of Aphrodite. I play the cello, and I'm in Ravenclaw and Erudite. I'm half gallifreyan, half wizard. I love to read and I love animals!
My name is Willow Mellark. I'm the daughter the of Katniss and Peeta. I'm 16 years old. I'm skilled with a bow and arrow. My mother taught me to hunt. I'm very close with my mother but late at night I used to hear her sob. I once asked my father what happened but he told me to ignore it. Single... Introduce?
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subset: commoncrawl


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Sixteenth Annual Conference of the Program in Early American Economy and Society (PEAES)
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text:
Delicious detox
This week kicked off with a one day cleanse from Imbibery. It was the perfect way to start the week as this week has been manic so it left me feeling fresh and full of energy! The juices are beyond delicious too.
Buckley London jewels
I also popped into the Buckley London store in Westfield to check out their stunning jewellery. I am obsessed with these rings and bracelets. Look how amazing these ones are! They will definitely be on my Christmas Wish List.
New Year plans
I'm going to Cape Town for New Year which I am beyond excited about so I have started to get my summer wardrobe sorted and to buy a few new things for my holiday. Of course my first stop was to Heidi Klein where I got a stunning bikini and these bracelets, which are super cute to accessorise with!
I will also take my Sir Plus shorts with me on holiday. They are really cute and comfortable to sleep in. Great for Christmas presents too!
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My products of the week are from Sabon. I have only recently come across the brand, but it's fair to say I am obsessed! The body oils and butters are simply divine and there are a range of scents such as Rose Tea and Lemon Mint.
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My brand of the week this week is Noughts and Kisses which sells perfect winter beanies!
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text: Betcartpartners to sponsor SBC Betting Forum networking drinks June 23, 2017 The first edition of the SBC Betting Forum will take place on 12th July at this year's iGaming Super Show, with Betcartpartners confirmed as sponsors of the event's networking drinks. The event, co-organised with SBC Events, will feature talks on the latest industry trends and will also act as a networking opportunity for delegates at the Amsterdam show. The day ... Read More » Share ! tweet StumbleUpon Submit


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IDT Submits Bid for Global Crossing. IDT is huge, and becoming larger all the time. What's shocking is that the bid is just $250MM. Global Crossing put billions into building this network. In 2001, alone, they spent over $1.2BB.
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Review: 'You Gotta See This!'
"You Gotta See This!" is a photography app by Boinx software for the new iPhone 4 which makes use of the gyroscope feature to quickly capture panographic images.
It's a pretty fun app to use to capture some unusual images. You just press the button and it starts to record images as you move around the scene you're trying to take photos of and then it overlays all the captured images rendered as one big image which can rendered using several themes.
You can then post these themes to Facebook, Twitter etc and save them to the camera roll on the iPhone.
if you've got an iPhone 4 it's a cheap (£1.19) little app that makes use of the new hardware features offered by the iPhone 4. Here's a few more sample images made using it:
Tags: photography,boinx software,iphone,iphone 4
Originally published on 2010-07-26 15:50:01 by Rick Curran
Last edited on 2010-07-26 15:56:39 by Rick Curran
Permalink: http://suburbia.org.uk/blog/2010/07/26/155001.html
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thanks bro
oh! for i5 i'm using i4
thanks bro
oh! for i5 i'm using i4
Last edited by Karoonchai; 2013-03-03 at 06:57 AM.
sorry.. i´ve forgotten to mention that
Karoonchai (2013-03-03), TEK_2012 (2013-03-03)
D1LL1NG3R (2013-03-03), Karoonchai (2013-03-03)
i use iblanks and exactly remove the dock icon shadow..
but the holo has the size of the shadow ..if u only use one i blank it isn´t neccesarry to
if you dont want to have that holo and the dock just have a look at the wallpaper.html and the style.css
and if you want a cleaner widget set the weather bg in the setup to static and maybe search the light png in the wallpaper.html and set zindex to 1 or something
This is how I'm using it. When u touch the holo it will launch the weather app. I just liked the idea of that weather holo launching the weather app.
nice effect on the icons.. hmm
Any ideas why I have the dark circle next to the weather description? Lovin the whole theme.
Love the widget but can't get away from this yea so simple, yet seriously complete. Great detail in every trail. Thanks
I think I have my setup looking nice thinks to D1LL1NG3R for Bad A** theme. ImageUploadedByModMyi1362438119.373644.jpg


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Doctors Lounge - Oncology Answers
"The information provided on www.doctorslounge.com is designed to support, not replace, the relationship that exists between a patient/site visitor and his/her physician."
Forum Name: Colon and Rectal Cancers
Question: Anterior mediastinal mass after chemo for stage 4 colon canc
|birddog1 - Thu Jan 15, 2009 12:58 pm
Anterior mediastinal mass after chemo for stage 4 colon cancer
My wife under went six mounth of FolFox 5FU with Avastin and then Cytoreducive Surgery with Intra Peritoneal Hyperthermic Chemotherapy for Disseminted Peritoneal Cancer, in June of 08. So far so good, after six months, no sign of cancer.
The problem is that a recent CT revealed:
"Interval development of an anterior mediastinal mass. This is in the area of the thymus, and it could represent thymic hyperplacia, however it was not enlarged on the comparison study rising the possibility of neoplasm."
We have the opinion of the surgeon who did the surgery ( I have the utmost respect for his opinion, he is a Professor and the chief oncoligacle surgeon, or something like that, in a major teaching hospital ) but our local Oncologist is out of town for two weeks and with this being my wife and all, I would love to hear the thoughts of an Oncologist.
PS: Could you please translate the portion of the report that I posted for me?
Thank you, birddog
|Dr. Tamer Fouad - Thu Feb 05, 2009 3:48 pm
A mass in the anterior mediastinum is most commonly due to a disease affecting the thymus. Thymic hyperplasia being the most common condition is entirely benign. Cancer arising from the thymus is relatively rare. What the report says is thymic hyperplasia would be put at the top of the list however, since this mass was not present in a previous scan the possibility of a tumor must be excluded.
Another common condition is a retrosternal extension of a thyroid goiter.
Metastasis in this area would be unlikely from a colon cancer. Tumors of the anterior mediastinum other than thymoma include Hodgkin's lymphoma as well as germ cell tumors.
Please keep us updated as to the condition of your wife.
Good luck to her!
|Dr. M. Chowhan - Wed Feb 25, 2009 12:11 am
I agree with views expressed by Dr Tamer and it may not be of much concern however as your Surgeon knows better please accept the suggestion of your referring Surgeon.
I hope if there is suspicion a PET study may be of help in this situation.
with thanks from
Dr M . Chowhan
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how often do you need to get this done ? how long do they last ? are you opened on saturdays?
eileen b. asked on Mar 6, 2013
The lashes last about 4-6 weeks, then a refill would be needed or you can let them naturally fall out. Yes, they are open 10am-6pm on Saturdays.
Kristi D. from Groupon replied on Mar 8, 2013


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About orlandian
orlandian replied to Thailand Elite's topic in Thai visas, residency and work permitsIs it possible to study (university or private school) under the TE visa? or would one need an Ed Visa for that?
orlandian replied to Thailand Elite's topic in Thai visas, residency and work permitsGot this in the response from the Elite when I requested information for a new application. Posting here in case it might help someone. *Important Notice* Please read thoroughly; · Elite Visa is categorized under Tourist Visa which does not allow the holder to legally apply work permit to work in Thailand. · Non-Immigrant Visa must be cancelled before Elite Visa is validated. Members have to take responsibility for the cancellation of Non-Immigrant Visa on their own, and then apply the 7-day stay extension in order to validate Elite Visa. · Member who has record of any type of over staying on the current entry must leave Thailand and come back to get Elite Visa stamp later. · Only members holding Tourist Visa, Visa on Arrival or on 30-Day Exempted Tourist Visa are eligible to validate Elite Visa. · All required documents(Including scanned soft copy of application form) need to be submitted via e-mail, or by visiting us at our office to start the application process. · **The signed original application form with photo attached and proof of relationship have to be submitted to Thailand Elite head office in Bangkok** · Getting a stay extension, members will be charged THB 1,900 directly at the immigration when apply. · Thailand Elite Members are required to do 90-day report at the Immigration Office in case of continuously stay in the country without leaving for over 90 days. · According to the immigration regulation, if the length of your current passport is not up to 5-year period, we will issue Elite Visa accordance with the expiration date stated on the passport. · If your current passport or passport pages is nearly run out and you need to renew passport, please kindly send Member Contact Center (MCC) the 1st page of new passport in order for them to update your information and affix new Elite Visa for the remaining period. Furthermore, you should have at least 3 blank passport pages to affix Elite Visa. · For your information, Terms of visa shall be granted in accordance with the validity of membership.


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Pet Sitter in Pennsauken
I'm a 17 year old girl living in Glassboro NJ and I absolutely love all animals. I've had big dogs all throughout my life and I manage to walk even my big pit bull mastiff Dawson. I'm good at being stern but also loving. I'm ready to meet any requirement to have the opportunity to help you out.
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Care & Cleaning
Stainless Flatware
To retain a quality product, please follow process below
Download a printable version of the Stainless Steel Care & Cleaning Instructions!
- Slotted cylinders in a rack-suitable for sink or dishwasher use makes it possible to wash, transport, and dispense flatware with minimum handling.
- In a system where flatware is washed and stored in the same cylinder, the flatware should be sorted into the cylinders utensil side down to prevent hand contamination after cleaning.
- In a system where flatware is transferred from cleaning cylinder to a storage cylinder by flipping it over, it should be sorted in the cleaning cylinder utensil side up, so that it will eventually be stored utensil side down.
- Remove all food remnants before presoak but avoid using steel wool or metal scrapers.
- Flatware should be pre-soaked immediately following its removal from the table.
- Flatware should not remain in presoak for longer than 10 min.
- Use presoak compound suggested by manufacturer of your detergent.
- Do not use presoak containing silver de-tarnishing agent on stainless. These products cause severe corrosion to flatware.
- It is very important that only a plastic or stainless steel pan is used for pre-soaking. NEVER USE AN ALUMINUM PAN.
- Make sure liquid or powder compounds are completely dissolved before flatware is placed in presoak.
- Change presoak frequently. Chemicals accumulate in the presoak and may cause harm.
- After pre-soaking, immediately load flatware loosely into vertical cylinders.
- Wash your flatware in hot water and a good cleaning agent.
- Use a nonabrasive or noncorrosive cleaning agent.
- Check dishwasher temperature twice daily, and make sure it is above 130 degrees.
- Low temperature or chlorine bath dishwasher systems are ok to use with our flatware. The sanitizing agent used in these systems can however be harmful to stainless steel if not used properly.
- The clean flatware should then be rinsed in water of at least 180 degrees.
- A wetting agent may be added to the rinse to prevent minerals in water from staining the flatware.
- Should you have very hard water, a softener is recommended.
- Make sure flatware in cylinders is loosely packed to allow air drying.
- Shake racks to remove any water.
- To prevent corrosion and film build-up, flatware MUST be rinsed thoroughly and dried immediately after rinsing.
- Always store stainless flatware in a dry area.
- Always store flatware tines, bowls, and blades down.
- Flatware must be clean and dry before storing.
- Make sure you have the proper amount of flatware for rush periods.
If you are using a low –temp or chlorine bath type dishwashing system, take great care in following the manufacture's instructions. An over concentration of sodium hypochlorite (Bleach), the active sanitizing agent of these systems, will attack most metal tableware, improper use, or faulty equipment functioning, will cause staining or corrosion of even the finest stainless steel.


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Sodium-Calcium Exchange in Nile Delta Soils: Single Values for Vanselow and Gaines-Thomas Selectivity Coefficients1
- Tarek H. Sheta2,
- George R. Gobran2,
- Joseph E. Dufey3 and
- Henri Laudelout3
Na-Ca exchange measurements were carried out on 11 representative soils from the Nile Delta. Experiments were conducted over a wide range of exchanger compositions. Due to their common alluvial origin, all soils showed identical exchange properties.
The experimental data appeared to be well described either by a single Vanselow selectivity coefficient or by a single Gaines-Thomas coefficient. The Gapon coefficient, as originally defined, increased linearly with the exchangeable calcium fraction (or decreased with ESP). After examining the sensitivity of those coefficients to experimental errors, as a function of the exchanger composition, values of 5.97 and 2.30 mol/liter were calculated for the Gaines-Thomas and Vanselow coefficients, respectively. These correspond to a Gapon coefficient as redefined by Sposito equal to 48 (mol/m3)½.Please view the pdf by using the Full Text (PDF) link under 'View' to the left.
Copyright © .


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Turdle Racing
Deep in the heart of Meridell, people were getting sick of all the glory Faerieland was getting with their Poogle Racing. Now, Meridell has its own races with Turdles (as they're so much cooler). Care to bet?
Turdle Racing is a very similar layout to the familiar Poogle Racing in Faerieland. Apart from a few little tweaks, any Poogle Racing fanatic could fit in nicely playing Turdle Racing.
On the Turdle Racing page, you are greeted with a smiling starry Scorchio ready to take your money. Above him, is a list of information:
The information above the Scorchio is the important bit of the page. You get to make 3 bets on a Turdle each day. The data shown is what the time is, how long until the next day starts and how many bets you have remaining. If the time remaining is less than an hour, I suggest taking your remaining bets. You're not going to go there again in the next hour, are you? Everyday, at 12 midnight NST, your 3 bets are reset and do not carry over to the next day. Sorry.
But surely, you want to know more about the Turdles that could possibly make you a fortune. So, here they are:
Turdle One - Odds: 3:1
Turdle One is called "Stinky", although he apparently doesn't stink when it comes to races. He has a habit of getting last minute victories.
Turdle Two - Odds: 4:1
This Turdle is called "Poopy". He is known for his cunning and devious ways to make sure he gets to the outside ring before the rest.
Turdle Three - Odds: 5:1
Turdle Three is known as "Smelly". He uses the fact that he never washes to deter any potential winners from beating him. Smart thinker, or just lazy? Up to you, I guess.
Turdle Four - Odds: 7:1
This Turdle is called Squelchy, due to the fact that he often sticks to the floor of the arena. Is that what you want from something that could win you thousands?
Turdle Five - Odds: 9:1
"Nutty", this Turdles name, expels random bursts of energy. However, this can go fast and so is prone to randomly falling asleep.
Personally, I find that the odds don't matter. So go with Turdle Five for every bet. But, you don't have to follow my advice. Go with whichever Turdle you think is a potential winner for the upcoming race.
As you click the "Go to Betting Page >>" link, you will be shown another page, asking you for some information, like so:
It's relatively self-explanatory, but for those who don't understand, here's a little bit of help:
Pick-a-Turdle - Exactly what it says on the tin. From the drop down box to the right of it, you pick the Turdle you want to bet on. It has the number and the name, so it's simple.
Amount of Bet? - The Neopets Team could have put that better. What it means is how much are you willing to bet on the Turdle you just selected. Theres a limit of 1500NP, so you can't go crazy. ;)
Feed a Turdle? - If you have any food item in your inventory, you can offer it to the Turdle you are betting on. I think it makes no difference, but you could do it as a good luck thing to do. But a trick to feed it but still keep it is to put it in the trades before going onto the page. That way, you can save it and feed it to your pets! Horray!
Once you hit the "Place your bet!" button, you will be jumped staight into the action. The Turdles start in the middle and the first to make it out of the circle wins. If your Turdle stops (as mine did) it usually means that you have lost, unfortunately. When all but one Turdle have stopped, it's obvious which Turdle won, but they feel the need to tell you at the end. Unluckily for me, Turdle Five didn't win. He didn't even get close! If you did win, you will be told on the translucent window that pops up at the end of the race.
Prizes are awarded depending on what Turdle you bet on. If the odds are 3:1 on your Turdle, and you win, you will get 3 times your bet as a prize, plus your original bet. Say I had won my bet of 105NP on Turdle Five, I would have won 945NP plus my original 105NP. Nice little earner, eh?
Turdle Racing isn't something you can practice, only perfect and hope on luck. Playing over and over again will fine tune your betting capabilities and know how to bet how much on what Turdle to achieve a net (overall) profit. Good luck, you'll need it!
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If you've ever considered getting started with drone photography, the Mavic Pro is an awesome choice. Both powerful and portable, it puts the best of the Phantom family's features into a unit that folds to the size of a water bottle.
Minivans are cool again, more or less. The new Odyssey nails it on driver assists and passenger entertainment. And it's super-quiet on the highway.
AMD and Nvidia are slugging it out in the midrange market again, thanks to AMD's new RX 580 — but this latest iteration of Polaris has trouble taking the fight to Nvidia within a comparable power envelope.
Five weeks ago, AMD blew a hole in Intel's high-end desktop pricing with the launch of Ryzen 7. Today, Ryzen 5 is hoping to do the same thing to Intel's Core i5 / i7 market.
VR cries out for more resolution, but from using the new Aukey Cortex 4K headset it's clear that it will take more than just pixels to drive the VR experience to the next level.
Nvidia's GTX 1080 Ti is the fastest graphics card on the planet and the first card we'd unreservedly recommend for 4K gaming. Question is, who can drive it better — AMD's new Ryzen 7, or Intel's well-established Broadwell-E?
Intel's new Kaby Lake CPU hits the market today, but is it a worthwhile upgrade? How much performance did Intel's improved 14nm process yield? We review the core, explore these questions, and discuss our findings.
Nvidia's GTX 1060 6GB is a potent midrange graphics card and Gigabyte's G1 Gaming series has a reputation for a well-built, quality product. How much performance can the GTX 1060 deliver compared with older, higher-end Maxwell hardware?
It's big, it's new, it's quiet, it's comfy, and it seats up to eight. It also climbs hills and rocks unlike almost anything else of that size and sub-fifties price.
The Razer Stealth Blade is an impressive ultrabook from a company that's mostly focused on high-end gaming laptops, at a price that won't break your budget.
Nvidia has just launched its new Maxwell-based GTX 960, bridging the gap between the budget GTX 750 Ti and the upper echelon GTX 970 and 980. Is this $200 GPU the power house midrange gamers have been looking for?
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Sigma Soundings
Afton, WY (Idaho Power)
Bakersfield, CA
Bennett Mountain, ID (Idaho Power)
Boulder, CO (Radiometrics)
Boulder, CO (U. Colorado)
Cedar Falls, IA (U. No. Iowa)
Cleveland, OH (NASA GRC)
Flower Mound, TX
Frisco, TX
Germantown, MD
Gunnison, CO (Colo. Water Board)
LAX, CA (So.Cal. Edison)
Midlothian, TX
Mohave, CA
Mud Lake, ID (Idaho Power)
New York City, NY (NYU)
Salisbury, NC (Toyota Racing)
Salt Lake City, UT (State of Utah)
San Francisco, CA
San Jose, CA (San Jose State U.)
Squaw Butte, ID (Idaho Power)


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20 Soft Furnishings Ideas for Your Home
When you organize your home, then there would be the name of soft furnishings. Examples are the curtains that you use, carpet floor, seat upholstery, to cover the bed. It's all part of the soft furnishings. It can be said if soft furnishings... Read more →


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