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Judicial Precedent
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5. What is an obiter dictum?
During judgement judges will explain reasons for their decision and sometimes state obiter dictum
Obiter dictum means 'other things said by the way', that is, the judge makes some other comment of the law. An obiter ...
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"The main aims of the Land Registration Acts were to give certainty to title of land, facilitate conveyancing and to make the transfer of land more simple and economical" - To what extent do you think these aims have been achieved?
... legislation to be imperfect, worthy of note is the opinion of the Lord Chancellor's Department7. Many of the later enacted LRAs have been to rectify problems arising from the 1925 Act. In 1925 no less than six pieces of property ...
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Assess the constitutional significance of the decision of the House of Lords
... and the Executive. Were the courts in fact entitled to answer the hyper-political question of whether there is an 'emergency,' threatening the life of the nation? To assess the significance over these issues, one must first understand the facts and ...
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"By 1928 the essentials of democracy had been achieved." How far would you agree?
... cities such as Manchester and Birmingham where the new factories were centred. However, because the electoral system was still that which had been formulated in 1682, these new towns had no political representation, while towns, which had been important then ...
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"How effectively did the Liberal Government (1906-14) deal with the problem of poverty?"
... Labour party proved to be a threat to the Liberals as there was a growth in socialism. In addition this prompted the Liberals to push for state intervention, which would hopefully draw support from the Labour Party. When the "new" ...
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"In the war against terrorism, one of the first casualties is human rights." Discuss with reference to the right to freedom of expression.
... protecting the freedom of individuals against unnecessary state interference.
The Human Rights Act 1998 applies to all public authorities. It makes it illegal for bodies like the Government and its departments, local councils and authorities, and the police to violate the ...
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"Secondary legislation is a necessary evil" - Discuss.
... in details, but also used to establish matters of principle. Normal methods of scrutiny are avoided and particular methods of scrutinising delegated legislation are unreliable, due to the volume, complexity and the method of presentation of the legislation. Many instances, ...
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"The Australian Constitution is ill equipped to meet the demands of a modern, democratic society." Discuss critically with regard to arguments concerning the adoption of a bill of rights.
... outweighing the positives, as both sides of the argument have merit. The current constitution working with the executive, parliament and the courts provides Australia with a stable and working system that would only be endangered by further changes, such as ...
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"The dichotomy between employee and self-employed is being eroded in employment law, so much so that today it appears meaningless". Discuss.
... generally. The term 'self-employed' means persons who provide services to another party under a contract for services, but are genuinely in business on their own account, in that they are partners in a business or the sole owner of their ...
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"The key provisions of the Sexual Offences Act 2003 are inconsistent, incoherent and unfair." Discuss.
... there should be no discrimination in the law on grounds of sex, age or ability.
A number of new offences to deal with sexual activities involving children have been introduced, including the revision of sexual intercourse with a child under 13 ...
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"While an unwritten constitution has the merit of flexibility, this flexibility is purchased at the expense of individual rights." - Discuss
... amounted to an elective "dictatorship" for which the only remedy was a written constitution, where there was a clear separation of powers. Lord Hailsham felt that although absolute power was conferred on Parliament, those powers were concentrated in an executive ...
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English law does not in general impose liability for a failure to act despite the fact that there may be compelling moral justifications for doing so - For example, the courts have often explained that there is no legal duty upon a stranger to
... failing to feed. However, it may not be possible to commit an attempt by omission because 'The Criminal Attempts Act 1981' s.1 requires 'an act more than merely preparatory.' There is also doubts as to whether the offences of assault ...
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浅析重要性原则 cccccccc
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'All that a court of law can do with an Act of Parliament is apply it' - Consider the implications of this statement in the light of (a) the problem of statutory interpretation and (b) Britain's obligations as a member of the European Community 1968.
... combat the problems, which I will now go on to identify.
Despite the fact that expert draftsmen carefully draw up Acts of Parliament, there are many occasions in which the courts find that the implications of a statute for the ...
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'Delegated legislation is a necessary evil'. How far is this an accurate assessment of this process of law making?
... certain activity. Orders in council is when Parliament may choose to delegate their power in order to make changes of legitimate or other great importance to the privy council (body of senior ministers of past and present).
Why do we need ...
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'Delegated legislation is a necessary evil'. How far is this an accurate assessment of this process of law making?
... for a certain activity. Orders in council is when Parliament may choose to delegate their power in order to make changes of legitimate or other great importance to the privy council (body of senior ministers of past and present).
Why ...
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'Delegated legislation is a necessary evil'. How far is this an accurate assessment of this process of law making?
... certain activity. Orders in council is when Parliament may choose to delegate their power in order to make changes of legitimate or other great importance to the privy council (body of senior ministers of past and present).
Why do we need ...
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'In general, criminal law prohibits the doing of harm but doesn't impose criminal liability for an omission to act' - Assess the truth of this statement and the arguments used to justify it
... to give assistance. Clearly, there is already an argument that giving aid would be morally sound behaviour, but legally, there is generally no requirement to act. This state of affairs occurs because the legal system wishes to balance the human ...
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'Schedule 3, para.2 Land Registration Act 2002 protects the purchaser at the expense of the innocent occupier'. Consider the truth of this statement.
... which override on first registration of title (Schedule 1),
˜ a shorter list of interests which override on a later disposition of land which is already registered (Schedule 3) - including again leases of up to and including seven years, the ...
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'The Secret Policeman of post war Europe has been supplanted by the actions of the tabloid journalist.'-L. J. Sedley, Legal Action Group Lecture Oct 2003.
... by the Human rights Act, giving individuals rights which could be enforced by the courts which, means the Human Rights Act has proven to be successful in protecting personal freedoms of the individual.
Before the introduction of the Human Rights Act, ...
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19th centuary
... statute, and in particular may not interfere with the liberties of individuals without statutory authority.
This old approach would for example apply an assumption of freedom of speech, unless there is a gives an exception.
Article 10. Everyone has the right to ...
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A blatant disregard for human rights: Prison conditions in Egypt.
... for the lives of its citizens. Throughout the course of this essay, the main factors that lead to this human rights violation will be explored (i.e. the process of arrest, interrogation, and living conditions). On top of that, possible solutions ...
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A Brief History of Apartheid in South Africa
... dominated the race entirely.
This disgraceful treatment was not without opposition from within the white race itself. These few people fought (unsuccessfuly) for black rights. Eventually, this led to interracial relationships. Children born of these relationships were known as "coloureds" and ...
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A Bunch of Men in Wigs Who Didn't Want To Pay Their Taxes.
... 1776. The language used to protest the British Acts was legal, and political. But the primary cause of the Revolution was economics.
In theory the colonists accepted and firmly believed the principle that natural laws rather than royal decrees should ...
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A Case Study for Law: Tony
... is based. Only then can the officer search the person. If no information is given to the searched party then the search is deemed unlawful. Also needed is the reason for the search, if the officer fails to also make ...