In traditional constitutional theory, independence of the judiciary connoted independence from the political executive. It has presently discovering that a judge’s opportunity of activity can likewise be undermined by weights from his bosses inside the legal extension. Moreover, the test to legal autonomy from the religious foundation is not obscure. There is additionally the risk […]
At present time, the only comprehensive multilateral convention on state immunity is the European Convention on State Immunity. The Convention was adopted by Council of Europe in 1972 with the aim to codify the rules of state immunity whereas many countries still followed to absolute doctrine of state immunity. Articles 1-15 contain main principles of […]
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Get help with your assignmentAfter the case of Kable v Director of Public Prosecutions (‘Kable’)[1] whereby the institutional integrity principle was first implemented by the High Court, there has been substantial use of the principle in other cases. However, there are various concerns regarding this rule, and as a result there has been disagreement and many alterations to the […]
Expansion of Acme Fireworks Introduction There is a great deal to reflect on during an expansion of a business. How will you construct, market, and dispense your goods. Are you eager to assume full accountability for your goods and indulgent in the legalities of what occurs if your goods are faulty? Just the once that […]
In the aftermath of the Second World War the international community came to a general consensus that the matters of peace and human dignity were to be protected, and that those who were to contravene these protections would be held accountable no matter their position or title[1]. Throughout the years the concept of International Criminal […]
Family Law DEVELOPMENT OF THE CONCEPT ‘BEST INTEREST OF CHILD’ IN SRI LANKA Question: Evaluate the development of concept ‘Best Interest of Child’ in one of the following jurisdictions. South Africa. India. Sri Lanka. United Kingdom. CONTENT 1.Introduction 1.1The Child 2.Custody, Guardianship, and Parental Power 2.1Parental Power 2.2Custody and Guardianship 3.The Best Interests of the […]
Mission Statement: Our mission is to take a genuine interest in our clients, understand their objectives, and meet or exceed their expectations. Keyz Law Firm is a business consulting firm within Jamaica. This firm was founded by Tauna-Shay Palmer and Jon-Ross Kelly in 1997. This establishment is located in New Kingston. The location is very […]
THE CONCEPT OF CONTRACT IN THE CODE NAPOLEON Introduction and historical background leading to the formation of the Code Napoleon One of the biggest dilemmas that jurist over the course of history have faced is over the question of codification of law. One school of thought believes that the best and most just application of […]
ROUGH DRAFT FOR COMPANY LAW PROJECT ON THE DOCTRINE OF CONSTRUCTIVE NOTICE PRELLIMINARY STAGE CONTENTS HISTORICAL ANALYSIS SHORT INTRODUCTION AIM OF THE PROJECT PROPOSED RESEARCH QUESTION DOCTRINE OF CONSTRUCTIVE NOTICE AND IT’S LIMITATIONS CONCLUSION Historical Analysis: A Preview Of The Doctrine Of Constructive Notice The doctrine of constructive notice owes it’s origins to the United […]
Lex Mercatoria being the Latin term for ‘merchant law’ is the term used to describe the body of commercial laws that the merchants of Europe used during the medieval times. It is the body of law that will stand as the foundation in understand certain important international trade instruments. As it stands today, Lex Mercatoria […]
The United Kingdom has never acknowledged a specific doctrine of ‘personality rights’; the law provides neither coherent nor consistent protection, as the courts are ‘sceptical about creating monopoly rights in nebulous concepts such as names, likeness or popularity’.[1] Therefore celebrities and other high-profile individuals rely on a combination of passing off, trademark, copyright and privacy […]
The Roman law first divided the property into real and personal property and it has been stuck in the English property law ever since. Property may be either real or personal. In England, real property has superior value than personal property. The real property is owned in England in complete ownership. This means that it […]
Doctrine of Successor Liability: Tracing the drift from the `Traditional non-liability rule’ to `assumption of liability’ through judicial precedents AbstractTraditional corporate law has been applied over the years to deal with the liabilities arisen after one company’s acquires another company The general rule says that an acquiring corporation doesn’t assume any liabilities of the predecessor […]
Constitutional safeguards provided by US Constitution in the 4th, 5th and 6th amendments in regards to the criminal justice system are implemented to protect people against indiscriminate application of criminal laws and wanton treatment of persons suspected of violating the law. The amendments which are specifically designed to enforce constitutional rights of suspected criminals have […]
INTERPRETATION OF STATUTES PROJECT ABSTRACT Statutes Affecting the Crown/State The general English rule is that the “king is above the law” and all statutes are meant for the subjects only and the crown is not bound by them. The rule of Common Law ‘Roy n’est lie per ascun statute, si il ne soit expressment nosme’ […]
The constitution in the codified, or widely known as written form is said to promise entrenched liberties compared to the unwritten constitution. No amending powers can affect the stipulated status if the fundamental rights of citizen. However, it is indeed theoretical in nature when we have clear examples of the violation of citizens’ right in […]
For the purpose of making project in the subject Administrative Law, a very distinct and important topic has been taken as the central issue of it. The “Doctrine of Substantial Ultra Vires” which is the present issue in concern is a substantial principle of administrative law having its own importance and influence in the legal […]
The first part of Consumer Protection Act 1987 is implementing the 1985 EC Directive on Product Liability. Section 2 imposes a new statutory liability on the manufacturer of a faulty product which causes physical harm to a person or other property.[1] The 1987 Act imposed strict liability on manufacturers and producers even in absence of […]
According to s18 Contract Act 1965, every company formed should have a memorandum printed and divided into paragraph and with the date stated. In s18 (b) Contract Act 1965, it shows that the requirement of the Memorandum of Association (M/A) required a statement of object clause. The object clause can be used to describe the […]
Introduction On 16th November 1994 the convention on the Law of the Sea (UNCLOS) came into force, it was establish in 1982. The purpose of this convention is to provide nations with four methods to resolve maritime disputes, two of these methods were (1) submit the dispute to the international Tribunal for the Law of […]
During the years of the fishing world there been illegal activity across the countries. In the mid-fall season fishing companies around the world compete to fish for the big catch. In this present day, while the economy going through a big shake up, the increase of fishing illegally been arising. This paper will get into […]
The corporate Governance in the Companies Act, 2013 The Companies Act, 2013 reinforces and redresses laws pertaining to companies[1]. The Companies Act, 2013 was passed by the parliament and received Presidential assent on 29th August, 2013. Some of the provisions of the Companies Act, 2013 were notified in the Official Gazette on 30th August, 2013. […]
Introduction Main purpose of this research is to describe background information of United Nations creation, also to realize its main goals and missions, to examine powers and functions of Main Political Organs as are General Assembly, Security Council, International Court of Justice, Economic and Social Council, Trusteeship Council and The Secretariat with purposes of UN […]
RAPE Introduction: Rape is one of the most serious crimes that an individual can commit. There are a variety of laws that deal with the offence of rape, giving a guideline on how investigative officers should handle victims of rape, and also suspects of rape. An example of such kind of law is the sexual […]
Introduction Interim (a.k.a. interlocutory) prohibitory injunction is a court order that forbids the person it is addressed to do something. It is an equitable remedy and is awarded at the discretion of the court. The famous guidelines for granting the interim injunctions by the court were introduced by Lord Diplock in the case of American […]
THE DEATH PENALTY Abstract The article focuses on the law of death penalty which was established in the seventh B.C. the death penalty included the laws for such actions or deed committed by people who commit a sin or an action is regarded as unlawful. In this article, Death Penalty has been discussed with its […]
According to the Charities Bill 2005, s1, which was introduced into the House of Lords on 18 May 2005, the definition of a charity is ‘an institution which is established for charitable purposes only and falls to be subject to the control of the High Court in the exercise of its jurisdiction with respect to […]
The exclusionary rule has always been the subject of debate; especially following the Supreme Courts decision in Mapp v. Ohio. The courts have increasingly limited the scope of the rule and its feasibility in its present form has become questionable. Many legal analyst, have called for the demise of the exclusionary rule and for the […]
“Critically assess the efficacy of the Child Care Act, 1991 with regard to the protection of children at risk in terms of the protection of, and alternative care of, children at risk.” Introduction: The Childcare Act, 1991 is the principal law in Ireland in relation to the protection of children at risk and it […]
A critical analysis of the manner in which the decision in R v Panel on Takeovers and Mergers; Ex parte Datafin plc [1987] 1 QB 815 is being dealt with under Australian law. Introduction The case of Datafin is an accepted element of public law in England; however Australian law is unclear to its applicability […]
