... national parliament to the community institutions whose legislation from Treaties (primary legislation), Secondary legislation, and case law from ECJ all took precedence over our domestic law. Joining the EC created new sources of law for the UK and important ones. ...

... Protection (consolidation) Act 1978 Was incompatible with European Law on Equal treatment for male and female employees. The Act gave fewer rights to part-time workers than full-time workers. As most part-time workers were female, this was held to discriminate on the ...

... difficulties there are three main techniques that come under the rule of 'Statutory Interpretation'. They are as follows: The Literal Rule: As suggested by Zander (1994), it is of no regard as to whether or not the outcome of the ruling ...

... 1993. Once established that a complainant has suffered injustice the PCA attempts to ensure that an appropriate redress is made. The recent proliferation of ombudsmen is a result of the growing concern over the conduct of certain people in the ...

... of people think an action is right, it could still be wrong as Natural Law is independent of public opinion; this is proven when everyone believed the world to be flat, but they were all wrong. A Natural Law approach ...

... that they have to give a guilty verdict. Also vitally a jury does not have to give reasons why they gave the verdict they did. There have been famous cases in which the verdicts given by juries have been different to ...

... paper or similar substances. Therefore computer information was not a document. Whitley v Chappell (1868): By the act of Parliament it was an offence to personate any person to vote. In this case the defendant was accused of personating a dead ...

... local Advisory Committee. The Lord Chancellor appoints members of the local advisory committee. Two thirds of them are already Magistrates and the Lord Chancellor is supposed to ensure that they have good local knowledge, and represents a balance of political ...

... the presiding officer in the House of Lords (legislature). The three 'arms of the state' all play different roles in the legal system. The legislative (Parliament) is responsible for the making of new laws and the repealing or amending of ...

... general information. I will discuss these places in further detail later on in my essay. Conditional Fee Agreements In 1990 section 58 of the legal services act allowed conditional fee agreements to help people in situations I have previously mentioned, but only ...

... reason why it is a deontological theory is because it does not take into account special circumstances or culture groups with different religious perspectives and can prevent certain moral boundaries being crossed. The Christian understanding of Natural Law is based largely ...

... causes (getting something done), and final causes (having something done). He determined whether things were good or bad dependent on there final purpose. Aquinas took Aristotle's ideas and influenced by them, he began to structure the natural law. He reasoned ...

... was traditionally established as a 'traditional Continental European type of administrative court' to perform major policy-making functions. The main function, as stated by Article 220 (ex 164) E.C, is 'to ensure that in the interpretation and application of the Treaty, ...

... transfer of decision-making rights from the legislature, the cabinet, or the civil service to the courts."5 However, the crucial question is whether the court, by assuming for itself these powers, is going beyond its judicial capacity? The main focus of this ...

... by natural law prescribe how things are and indeed ought to be. Aquinas believed the idea of law to work at four different levels. Natural law was our inborn sense of right and wrong, discovered through the conscience. However it ...

... British constitution the judiciary, however independent, do not hold any powers to question the legislative (Parliament). This has been consolidated by judicial comments dating back to Coke. The leading writer, and the source of the present understanding of what is ...

... shall have the authority of the law and those laws must be regarded as fair and just. In the latter part of the nineteenth century A V Dicey was a major exponent of The Rule of Law and the principles laid ...

... government. Such a need could not be more relevant today as technological development has and still is providing the state with an increasing ability to intervene in the lives of its citizens. What then is the use of a rule ...

... judicial power as such in different bodies (Congress, President and Supreme Court, respectively) and providing a system of powers for each which enable them to keep checks on one another. The position in the UK - the UK does not do ...

... the jury in a difficult decision about what was in the defendant's mind at the time of the incident. They will have hears and seen witness and have to decide what they believe. Usually, the jury's verdict must be unanimous ...

... adequate to serve justice to the public, whether it leaves us safe from the worry of paedophiles violating our homes and the youth of society using the internet, or whether these perverted human beings are able to take advantage of ...

... adequate results. They may then call upon a profiler as an aid to already established leads or in an attempt to narrow the field of inquiry. Another commonly held myth is that criminals are somehow different to everyone else, as ...

... to be completely separate from one another. In theory the powers given to each should balance and check the other two. Each branch should serve as a check on potential excess of the others. The US President, often referred to ...

... and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan.1 The above excerpt comes form ...

... presented by Philip's case. Here, a man sought declarator that he was the father of a child and also an award of access to her. The mother was married to another man. After proof the Sheriff concluded that both men ...