Gain Immediate access to our Essays
FREE access exchanged for your work, or pay £4.99
Your Status: Logged out
Acumen Legal helps you learn fast, by providing unlimited access to 3,908 essays and coursework documents written by University students.
Register for FREE now by publishing your essays, or pay as little as £4.99 per month
Essays in English Legal System category
-
"Globalisation completely reconfigures the legal and political institutions of the nation state". Discuss with particular reference to the effects of globalization on sovereignty and the rule of law
... foreign firms considered economically useful for tax benefits and other cost effective substitutes.3 Effect on sovereignty With the emergence of globalisation, issues of national economic and social policy, their political ability to represent and regulate, their provision of a rule of ...
-
"In developing the doctrine of supremacy of European law, the European Court of Justice acted in a manner that was not only justified, but moreover indispensable to reach the fundamental objectives the Member States had agreed upon in the Treaty of Rome"
... national laws of its member states. This is the doctrine of supremacy. This fundamental doctrine is not written in any of the founding treaties: it was invented by the European Court of Justice in the van Gend en Loos3 case, ...
-
"Instead of clarifying the law on foresight and intention, the judgement in Woollin has lead to further confusion" Discuss with reference to the relevant case law and underlying principles
... easily definable as it relates to the everyday usage of the word intention, i.e. wanting a desired result. Lord Bridge illustrates this suitably in the following extract, 'The golden rule should be that, when directing a jury on the mental element ...
-
"It is becoming increasingly difficult to predict whether in any particular case the courts will or will not adhere to the principle of separate corporate personality as confirmed in SALOMON v SALOMON & CO LTD (1897)."
... courts and statuary provisions such as s.24 CA 1985 and incorporate the varying views of judges as to when the veil can be lifted. Finally I will state whether or not I agree with the given statement. When a company receives ...
-
"It would be regrettable if a court had come to the conclusion that in a situation where the need for intervention of the court had been established that intervention was prevented by rules as to standing." (Woolf LJ in R v A-G ex p ICI 1985)
... could be recognisable in the past, which suggests that there are also numerous different views on certain contentious topics and that a number of different interests may be affected by a decision taken on a particular issue. As the number ...
-
"Judges, when deciding cases…may be influenced by policy consideration and their own view as to what would be the best policy for the law to adopt".
... drafting of Green Papers into White Papers by the government shows how public consideration is taken into effect when producing legislation. When a statute has thus been passed, it is then made law; however, it may still be open to judicial ...
-
"Judging cannot be described as an art or a craft since all a judgedoes is follow precedent and apply the law to the facts of the case
... rule of our law. But unless those conditions are present, the work of deciding cases in accordance with precedents that plainly fit them is a process similar in its nature to that of deciding cases in accordance with a statute. ...
-
"Judicial Precedent must be followed even if a judge thinks that the decision is wrong", discuss.
... decidendi statement. It is a statement of law raised by the facts found upon which a judicial decision is based. This is in contrast to other statements of legal principle put forward in a judgment which are not directly relevant ...
-
"Law is a plural phenomenon, so we require a plurality conscious-legal methodology and legal theory to analyse all of its dimensions"
... for every individual. One of the key features of Natural Law theory is it takes the view that law is a fundamental requirement of human life, this is because law is a device which promotes 'goodness'. Law provides a guide ...
-
"Law is a seamless system with its own autonomy. It provides one correct answer to any cases, difficult or not, by application of its rules, precedents, principles and spirit" analyze and give opinion.
... on the importance of the separation of law from morality. He rejects the "command theory" and states that law comprises rules entirely which are divided into two categories - primary (duty-imposing rules) and secondary rules (power-imposing rules). Primary rules grant rights ...
-
"Laws of sexual violence offer no unique insights about the nature and operation of criminal law".
... acceptable and lawful sexual behaviour offer a snapshot into cultural values and standards, and consequently, the broader criminal law process. Until recently the law relating to sexual offences was found primarily at common law. Today, the substantive law relating to sexual ...
-
"Looking at the rules alone is inadequate - It assumes that judges actually do adjudicate in the way in which the rules say they should" - Discuss with reference to the 'rules' and examples of the operation of precedent and statutory interpretation.
... statutory interpretation and precedent 'should' be foolproof. After all, anything contrary to this would call into question Parliamentary Sovereignty and it's competence in performing its legislative functions. But to submit to the assumption that judges adjudicate only according to the ...
-
"Morality and Criminal Law are inherently connected. It would not be possible to separate them even if it were thought to be a good idea in principle." Discuss
... and morality, and how they influence each other. After establishing that morality and criminal law are connected I seek to show that it is not possible to separate them even in principle. Towards the end of the twelfth ...
-
"One of the hallmarks of any good decision-making process is consistency: judicial precedent helps to ensure this." - Discuss
... to be discussed. "Good decision-making process" is a process that falls short of the high level of effectiveness and the one that is in the best interest of the community. The effectiveness depends on the level of consistency. "Consistency" is ...
-
"Public order has always been an area in which governments have been tempted to assert their authority by responding to particular events with legislation ... "
... one must assume the eyes of the legislator. Look at the motive of the legislation - what does the legislation aim to redress, or at least appear to redress. What is the mischief the legislature sought to cure, the motives ...
-
"Should Fiscal and Trusts Law Privileges be separated?"
... "charitable trust", privileged under both tax and trusts law, and "public purpose trusts", privileged only under trusts provided that they could show at least a modicum of "public benefit".' Whither Charity Law: M.R.Chesterman: Charities, Trusts and Social Welfare, pp. 397-409 Cited in ...
-
"Should lay magistrates be replaced with professional judges?" Discuss
... within the magistrates court. 97% of crimes are dealt this way and they can sentence up to £5000 and/or 6 months imprisonment. They work free of charge for the country by giving up at least 26 days of service in ...
-
"Sir Thomas Maitland is historically considered 'an autocratic ruler'. However, he is known for his important legislative reforms. Comment."
... was a man who, with consummate ability, laid the foundations of Malta's institutions, suppressed abuses and enacted reforms which only a capable, energetic person, who had dynamic energy and absolute fearlessness could effect. The Maitland Instructions; ...
-
"The decisions in Brown, Wilson, and Emmett show that, in criminal law at least, the principles of precedent and statutory interpretation do little to stop the higher judiciary developing the law as they wish." Discuss.
... with learning difficulties ran away from home and settled for the night in a shed. C found some paraffin and matches and started a fire with the intention of keeping warm. Inevitably the shed burned down, and C was charged ...
-
"The Focus
... influences include human rights law, European Union law and the provisions of health care services.1 As a result, medical ethics and human rights issues now command much more attention in the medical profession and society. The UK government has committed ...
-
"The greater political significance of the judiciary in the USA compared with the UK is due to its role as an interpreter of the constitution" Discuss.
... - the Lord Chancellor - also attends cabinet meetings and is therefore a part of the executive. The most important difference between the two countries in the context of constitutional interpretation is the uncodified nature of the UK constitution. It ...
-
"The law relating to Mens Rea of murder has now become settled through a series of judicial decisions which, taken together, have made it unnecessary for parliament to legislate on the matter." Critically consider the truth of this statement.
... can be defined as: "...The unlawful killing of a reasonable creature in being under the Queen's Peace with malice aforethought..." In a more modern explanation murder is defined as 'The intention to kill OR cause grievous bodily harm'. Courts have had to ...
-
"The need for an independent judiciary is recognised throughout the free world. It is a cornerstone of British constitutional arrangements, for without judicial independence there can be no rule of law."
... bargain which on one hand provides them with certain freedoms and on the other hand places them under various obligations. The presumed liberty the judiciary enjoy, seems to create a situation where this arm of government is not accountable and the ...
-
"The orthodox doctrine of the Sovereignty of the UK Parliament has been fundamentally displaced by accession to the European Union." Discuss.
... decisions embodied in statute. Thus defined, Dicey said of Parliament, that is had 'under the English constitution, the right to make or unmake any law whatever; and further that no person or body is recognised by the law of England ...
-
"The principle...of parliamentary sovereignty means neither more nor less than this, namely that 'Parliament' has 'the right to make or unmake any law whatever; and further, that no person or body is recognised by the law of England as having a right to o
... the world, the nation's constitution can be found in a single document. The exceptions are Israel, to a certain degree New Zealand, and the United Kingdom. "As every beginner knows, the United Kingdom has no 'constitution' in the narrower sense ...