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Fighting for Rights

In 1925 the Indian National Congress adopted the ‘Declaration of Rights.’ In subsequent session held at Madras held in the year 1927 demanded incorporation of a ‘Declaration of Fundamental Rights’ in any future constitutional framework following which, a committee under Motilal Nehru was appointed by the National Congress to study the fundamental rights. The rights emphasized by the Motilal Nehru Committee Report were: Personal liberty, inviolability of dwelling place and property Freedom of conscience, and of profession and practice of […]

Judicial Discretion and Jurisprudence

Moral questions impact the law at every corner. A rigid separation between morality, law, and discretion is implausible and, as Wacks defines it, “an improbable enterprise.” [1] In theory and in practice, the judiciary functions as the crux of the common law in Hong Kong. It is therefore in judicial discretion that the perception of law is segregated into two main schools of thought: legal naturalism and positivism. The naturalistic claim that the very essence of law is its morality […]

Constitutional Law in the United Kingdom

Constitutional law in the UK is a varied and interesting topic, largely because of the peculiarities of the UK constitutional system. This essay will consider the issues surrounding constitutions, their definition, purpose and specifically whether the UK can be considered to have a constitution. There are several versions of the definition of ‘constitution’ in a legal context. Bradley and Ewing consider that there are two meanings to the term – one a wider construction and the other a narrower viewpoint. […]

Tradition of Criminal Justice

“Compare and Contrast the Common Law tradition of Criminal Justice with the Civil Law tradition using actual examples where possible” There is a general agreement that there are three major legal systems in the world; “English Common Law, Continental Civil Law, and Religious Law” (S M Shahidullah, 2012:13). Each legal system carries their own individual traditions which help explore how the systems have developed over time and it is these legal traditions that are used within society to ensure it […]

Comparison between English Law Framework and Malaysian Law Framework

Abstract This report concentrates on tow of those frameworks, the English legitimate framework and the Malasysian lawful framework However, distinguishing that this frameworks of equity can’t be completely seen in separation, we start with a short remark on the UK’ and MY are sacred plans to show how this frameworks will be essential result of the idea that is ordinarily alluded to as ‘the principle of law’. Introduction In the event that posing the question, “why if I comply with […]

Challenging the Power of the Commonwealth

Part A It is obvious, from the facts presented, that this question is primarily concerned with the implementation of the international convention in Australian domestic law, and the validity of the process of this implementation in accordance with section 51(xxix) of the Constitution, also known as the ‘external affairs power’. Before such a conclusion can be reached, it is firstly important to understand the limits and scope of this power and hence comprehend whether the Commonwealth has exceeded its legislative […]

Characterisation and Separation of Powers

Introduction The constitutional validity of the Regulating Organic Food Security Act 2014 (Cth) (Impugned Act, hereafter referred to as IA) is an issue that will be discussed in this essay in addition to whether the National Organic Food Security Commission is valid as well. Both of these will be discussed with regards to the issues of characterisation and separation of powers. Head of power/Trade and Commerce Firstly the scope of power in this case is non-purposive and the physical movement […]

Institutional Functions and Disparate Connotations

In contemporary political and legal beliefs, the term civil law indissolubly provides perplexing connotations. Many harbingers ostensibly understand the term civil law as a substantive area of law which preluded in the times of Ancient Rome. Conversely, individual’s familiar and residing in common law jurisdiction understand civil law to be a private area of law which is non-criminal. In this essay I will be analysing the terms civil law, their institutional functions, and their disparate connotations, before reaching a conclusion […]

Supremacy and Member States

Introduction Each of the member states of the European Union have a constitution of some sort; whether it’s written or otherwise. Most of them have a written constitution (with the United Kingdom being one of the few who doesn’t), and this can cause a great many problems when it comes to EU supremacy if it in any way conflicts with their constitution. Although one of the conditions of membership of the European Union is that member states give priority to […]

Bill of Rights

“If a home grown Bill of Rights was adopted, fundamental rights and freedoms would be afforded better protection.” Even prior to re-entering office in 1997 and overseeing the enactment of the Human Rights Act 1998, the Labour Party was constitutionally committed to the enactment of a Bill of Rights[1]: “The incorporation of the European Convention on Human Rights is a necessary first step, but it is not a substitute for our own Bill of Rights…”. In the period that has […]

China Superpower | International Relations Dissertations

The Dragon Awakes – Will China be the next superpower China is a sleeping dragon. When it awakes, the world will shake”. (Eccleston H, 2004, p290). Napoleon Bonaparte made this prophetic comment regarding China in 1808and it would seem that today China has indeed awoken. (Optimize, 2004p. 1). China has had unprecedented economic growth at around 9.5% perineum, a statistic even more impressive amazing bearing in mind that only in 1978 China was poorer than Korea and Taiwan were in […]

Political Science Essays