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Essays in English Legal System category
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"What is the meaning of the term Judicial Independence?"
... of judges are appointed in different ways but the Lord Chancellors department is responsible for all appointments, and those who are selected have usually either qualified as a solicitor or barrister. District judges, who are at the bottom of the ...
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"Within the present system of precedent in English Legal System, Judges have very little discretion in decision making" Discuss.
... Unfortunately,Judges do not actually separate their judgements into two categories, and it is up to the person reading the case to determine what the ratio is. In some cases, this may seem a difficult task as it is more complicated ...
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"Without a credible system of sanctions it is wrong to speak of "International Law". At most one can talk of ethical, diplomatic or political norms that influence, shape or constrain the conduct of states and of other international actors.
... unified in their response to this question. It is usually those who put the element of force to the forefront of their theories that face the most difficulties in describing the legal nature of international law due to, what they ...
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‘Critically discuss the methods available to Judges when interpreting statues’
... case.' The judge also has at their disposal Maxims, this are other methods which can help a judge interpret statues, they also give the judge more insight to why the statues where made and the purpose. Methods include, maxims, presumptions of ...
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‘Examine the view that the Supreme Court is an effective protector of civil liberties.’
... the position of the Court. They have liberalised the concept of standing so that almost any group could bring its case before federal bench. The Court also broadened the scope of relief to permit action behalf of groups of people ...
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‘Outline Hart’s Reply To Dworkin In the Postscript To the Concept of Law. Do the Arguments Advanced By Hart Adequately Answer Dworkin’s Objections To the Positivist Conception of Law?’
... criticisms flow is that in representing law as consisting of rules, the picture that Hart draws is defective because it ignores the existence and significance of another form of legal standard - principles, which play an important and distinctive part ...
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“Citizens in a democracy may disagree with the law, but must not disobey it”. Discuss.
... at the hands of the state, via its courts and laws. But if the state breaches its role and violates an individual or groups rights - by creating and enforcing unjust laws - what course of action is left open ...
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“It is a myth that judges in the United Kingdom do not make law.” Discuss.
... century, the law-making role of judges has dramatically expanded... Increasingly, it is invading the domain of social policy, formerly the exclusive right of Parliament and the legislatures' (Law Quarterly Review, 1994, p.260). The convention once was that the decisions by ...
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“The Natural Lawapproach to ethics is medieval and outdated” - Discuss.
... live in harmony and to worship God. Aquinas' idea is appealing to think that we have some sort of governing and guidelines over moral behaviour, particularly for Christians who see it as God's intervention. How far can man be ...
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“The Police haven’t been standing still. We are scrutinising everything we do, seeking new ways to use our most important resource – police officers.
... Scarman, Sheehy and White Papers , were not always for the better. A need for change The pressure for change in the police service intensified following the inner city riots in the early 1980's. The causes of which were laid firmly at ...
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“The system of Judicial Precedent permits both flexibility and stability in the law.” Explain and comment on how precedent achieves both these aims.
... (and any previous cases) he has used to make his decision. This is the part of the speech which creates the precedent. The other part of the judgement is called the "obiter dicta" ("other things said"). This is where the ...
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“The system of Judicial Precedent permits both flexibility and stability in the law.” Explain and comment on how precedent achieves both these aims.
... (and any previous cases) he has used to make his decision. This is the part of the speech which creates the precedent. The other part of the judgement is called the "obiter dicta" ("other things said"). This is where the ...
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“Their ignorance of the modern way of British Life is astounding” (Lord Gifford).In light of this comment discuss the appointment and training of judges.
... Senior Judge in the Queens Bench Division and President of Court of Appeal Criminal Division (Lord Harry Woolf). The Master of Rolls who is President of the Court of Appeal Civil Division (Lord Phillips). The President of the Family Division ...
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' Is the jury the "…lamp that shows freedom lives"?'
... democracy". Despite its historical role and the sentimental attachments, the jury system has come under increasing attack in recent years. It is a political issue about which there is much excited, and lamentably cliched debate. The jewel of the British legal ...
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''A system of coercion imposing norms which are laid down by human acts in accordance with a constitution the validity of which is pre-supposed if it is on the whole efficacious''.
... not seek to answer the question: 'what ought the law to be?' Legal science should be fashioned, according to Kelsen, in terms which will reflect the unique nature of the phenomenon of law. This will involve the building of a ...
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''The motivation for law reform is to restore public confidence that companies responsible for loss of life can properly be held accountable in law". Discuss this statement in relation to corporate liability for manslaughter.
... accidents at work and 384 members of the public were killed because of accidents, 72% of which were due to acts of trespass or suicide. A spokesperson said the Health and Safety Commission "strongly supports" the new proposals by the ...
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'Absolute monarchy was limited monarchy' Discuss with reference to ONE or MORE European countries.
... one can argue that on the whole absolute monarchy was not entirely a limited monarchy but it did have some of the qualities inherent in a limited monarchy. Absolute government involved centralising political power in the hands of the monarch, who ...
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'An exercise in logic and not in life' - Does this statement exemplify the criticism directed against the 'pure theory of law'?
... the theory chooses to disregard the totality of a society in which law plays a relatively restricted, though important, role. To abstract from a consideration of the law its surrounding social and political factors is, it is argued, virtually impossible, ...
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'Any proposal for the reform of the composition of the House of Lords ought logically to begin by asking what it is we expect the House of Lords to do and to tailor composition to function' - Discuss.
... 1958, by entitling a new type of non-hereditary, non-judicial life peer to sit and vote in the Upper House, introduced a major reform in its composition. The Blair government of 1997 was elected on a platform which included reform of the ...
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'Attempts to impose criminal liability for manslaughter on companies are both futile and misguided'. Discuss
... App R 8, laid down a test for establishing negligence: The facts must be such that, in the opinion of the jury, the negligence of the accused went beyond a mere matter of compensation between subjects and showed such disregard for ...
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'Critically assess the law relating to conspiracy. To what extent has its scope been limited by statutory reform?'
... of 1997 was passed the law on conspiracy became a mix of statute law and common law. There are two areas of conspiracy which are common law offences, these are conspiracy to defraud and conspiracy to corrupt public morals or outrage ...
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'Critically evaluate the role of the jury in defamation actions. Is it time to move towards trial by judge alone, as in the vast majority of civil cases, and remove the unnecessary costs and unpredictability of jury trial in defamation cases.'
... be ignored. However with jury's facing increasing claims of both unpredictability and unnecessary expense, perhaps the time has come to discard this problematic form of trial. Trial by jury in defamation actions has come under repeated attack in recent years. In ...
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'Discuss the factors that affect jury decision making'.
... rarely used against the media) there are little or no ways of preventing pretrial publicity from influencing jury decisions. 'Criminal contempt of court may be defined as any act done or any thing published tending to obstruct, impair, or interfere ...
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'Do you think that the courts offer the best means of solving disputes?'
... alternative dispute resolutions' (these recommendations are made in his report Access to Justice 1996). So before I go on it is important to say that the courts try to encourage ADR and do not seek to become the sole decision ...
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'Examine the arguments for and against an offence of Corporate Manslaughter'.
... convict in several major disasters in recent years, has shown the current law to be inadequate. In the last decade, despite over 3,000 workplace deaths, there have been only 2 companies successfully convicted of manslaughter (Tolson Messenger, 2003) The larger ...