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Essays in English Legal System category
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"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. ...
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"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 ...
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"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 ...
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"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 ...
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"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 ...
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"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 ...
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"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 ...
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"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 ...
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"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 ...
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"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 ...
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"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; ...
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"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 ...
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"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 ...
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"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 ...
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"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 ...
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"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 ...
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"The sources of governmental power in the United Kingdom are, by their nature and substance, quite undemocratic - discuss".
... as having a government that is regulated by rules that can be partly legal and partly non - legal, and therefore holds similar characteristics with both the Irish and American documents . Although the rules in the government of the ...
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"There is a critical difference between killing recklessly and killing by gross carelessness, and the law must respect and acknowledge this difference." Discuss.
... in a panick, put her in a river where she drowned. In the second case, some boys threw part of a paving stone towards a railway line and it killed a guard in the front of a passing train. Both ...
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"There is no such thing as the intention of Parliament .The concept is a convenient fiction necessary to make sense of the statute". Discuss.
... them difficulty .No assumption, should to be made that the creation of the all statute directed to the general public and therefore designed to be understood by them. The language of the statute cannot be reducing to low level because ...
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"There is one right answer for every legal question". Discuss.
... amend or abolish primary rules i.e. rules that stipulate how the appropriate legislative body is composed and how it enacts legislation. Positivists add that the community in question follows moral rules as well but the latter are not enforced by ...
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"Trial by jury is the defendant's most important protection against injustice".
... to the test in 1670. The trial of William Penn and William Mead resulted in one of the most important developments of the common law jury. (Slapper, G., & Kelly, D., 2003) During the previous six years English juries had ...
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"Trial by jury the defendants most important protection against injustice"
... they were supposed to find out what had happened before the trial. Failure to get the dozen men confirmed guilt since oaths then had a religious zeal and no one would run risk of eternal life after death in hell ...
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"We all know that prison does not work except in the most limited sense of temporarily locking up people who continue to be a danger to others."(Editorial The Independent 25th August 2003)Discuss the accuracy of this statement.
... will not be tolerated in society and the 'Just Deserts' effect is that the individual should be punished accordingly as a result of committing an offence. Utilitarian theories can be sub-divided into further sentencing aims, these are Deterrence, Protection ...
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"We are at the moment witnessing the gradual evolution of both contractual licences and licences by estoppel from personal to proprietary rights - There are strong policy reasons against any further development in this direction" Discuss.
... and in what ways, the law has moved away from this initial purpose of licences. Over the years the law has changed quite dramatically and licensees have begun to enjoy a higher level of protection against their licensor, and in some ...
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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 ...