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University Degree: Other Jurisdictions

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  1. Irish constitutional law assignment. The Oireachtas has certain exclusive powers that only it may exercise, in Article 15.2 of the Constitution states that, only the Oireachtas can make laws in respect of the state.

    Constitutional Limits on the Delegation of Legislative Power: It is also clear from Article 15.2.1 that the executive cannot be ipse dixit suspend the operation of a statute. As currently construed, Article 15.2.1 goes beyond what is stated above, by limiting the power of the Oireachtas to delegate law-making functions to Ministers or other bodies. The extent to which the Oireachtas can delegate its legislative functions was dealt with in a number of cases. City View Press Ltd. v AnCO,1 was one of the biggest case, where the definitive test to be applied was lay down.

    • Word count: 2816
  2. Irish Contract Law - In the post-1922 period, Irish legislation in the area of contract has not been particularly noteworthy. In particular, Ireland has not legislated in the area of mistake or frustration. The answers to the questions presented to us b

    Further, in the hypothetical set of acts which we are presented, A and B's successors have continued to observe the terms of the initial contract, so both parties would be estopped from asserting that the contractual obligations should be regarded as being personal to A and B. On the nature of the claim that A's successors have made, one or two pertinent observations come to mind. Firstly, if A's successors are seeking to make a claim for with the reasonable value the benefits conferred upon B, such a claim would appear to be based on a quantum meruit argument.

    • Word count: 12109
  3. The Cyberlaws of Cyberethics and Who Should Regulate Them

    Would you feel comfortable with anyone being able to go online and see this information? The over charging of sex offenders happens frequently, especially with the emergence of cell phones and sexting. Eighteen year olds and fifteen year olds are frequently in relationship, however this is dangerous legally because eighteen year olds are considered adults. When nude pictures through texting by underage people, it's considered child pornography. Lawyers and Legislators considering the child pornography laws to be too blunt (Tamar), but as it stands now, an eighteen year old could be charged with being a sex offender if he exchanges nude pictures with his underage girlfriend or shares her nude picture with others.

    • Word count: 4110
  4. Perspectives - Poverty and Property

    or one forced to leave a house because of abhorrent living conditions (as was the case of the Anderson family). In fact, the Canada Mortgage and Housing Corporation has reported that as of 2006, 1.5 million Canadians could not afford their rent or were living in residences that were either overcrowded or in need of major repairs.2 In SLBC, although the houses occupied by these families were deemed unworthy of repair or occupation, an order for possession was made against the defendants.

    • Word count: 1850
  5. Standing Committee's interpretations and other decisions of the last few days have done is to signal the absence of genuine autonomy and Hong Kong's total subordinaation to Central Authorties. This is not how the promise of autonomy was orginally understo

    They are the issues related to the right of abode (Ng Ka Ling v Director of Immigration), the term of the second Chief Executive (CE) after the resignation of the first CE and universal suffrage in 2007 and 2008. These issues are so controversial because they triggered the NPCSC to interpret the BL after the Court of Final Appeal (CFA) made its judgments. People started to question whether the Court still have the final power of adjudication. The haste in pursuing the implementation of Article 23 and the intervention of Beijing towards the constitutional development of Hong Kong are other major issues being criticised.

    • Word count: 2571
  6. What are the various statutory means of consumer protection in advertising and how effective are these means?

    Literature Review: I have looked at a variety of text books, not just my school ones (see bibliography). Most of them are very brief on the subject of advertising but are useful for my research as a starting off point as they outline the two main pieces of legislation the Trade Practise Act 1974 (Cth) and Fair Trading Act 1987 (NSW), and their provisions. There provisions are very comprehensive (containing areas such as Bait and Tackle, puffing, misleading and deceptive conduct, unfair trade practice or tactics, advertising likely to deceive is still unlawful and false descriptions).

    • Word count: 3389
  7. Federal Constitution

    As a result, business activities and functions may be undermined and limited and hence leading to inevitable changes as a result of waste control. Thus, the CPRA is within the head of power under s51(xx) as any changes to carbon dioxide emission for corporation would impact on the corporations activities and functions. External affairs power, s51(xxix) Section 51(xxix) of the Constitution gives the Commonwealth the right to legislate with respect to 'external affairs'.

    • Word count: 1572
  8. In relation to the issue of indefeasibility of title and interest, it should be noted that there are two types of indefeasibility namely immediate and deferred indefeasibility. Chief Judge of Malaya Arifin Zakaria in the case of Tan Yin Hong v Tan Sian Sa

    In Tan Yin Hong v Tan Sian San [2010] 2 CLJ 269,3 reference to the book entitled "Sale and Purchase of Real Property in Malaysia" written by Dr. Visu Sinnadurai has been made which reads: "In Malaysia, it is submitted that under s.340 of the National Land Code, deferred indefeasibility applies. The registered proprietor who had acquired his title by registration of a void or voidable instrument does not acquire an indefeasible title under section 340(2)(b). The indefeasibility is postponed until the time when a subsequent purchaser acquires the title in good faith and for valuable consideration.

    • Word count: 1382
  9. Discuss how the South African Constitution protects communication

    These values include human dignity, equality and freedom. The scope of this essay will not extend to probe the meaning of these terms, save to say that equality and human dignity are provided for in sections 9 and 10 respectively. Furthermore freedom simply refers to ones opportunity to exercise a choice between different options.3 According to Mokgoro J in Case v Minister of Safety and Security4 the terms of freedom to communicate and freedom of expression are synonymous and interchangeable.

    • Word count: 1888
  10. Legal Ethics

    Merret had being representing a Mrs. Jennifer Horsley in a divorce hearing against her husband, Dr Hilton Horsley. Merret had informed the husband through summons that a divorce action would be instituted against him; as such he had 28 days to file an appearance to defend. Within this period Dr Horsley's attorneys provided a settlement offer to Mr. Merret. This offer, which seemed to be reasonable, was rejected by Mrs. Horsley who then provided a counter offer that was much inflated as compared to the original offer.

    • Word count: 2883
  11. There is a fundamental difference between Constitutional supremacy and Parliamentary Supremacy.

    It implies that the legislative body may change or repeal any prior legislative acts. Parliamentary supremacy exists in UK, Finland, New Zealand and Israel. However, for the purpose of this paper I will be looking at Parliamentary Supremacy as it relates to the UK. It is interesting to note that constitutional documents are usually the result of some major upheaval in a nation's history. The moving force for implementing the constitution for many countries all over the world were the result of a war, whether inter-state or civil; from a revolution; from a revolution; and as it relates to Jamaica and other territories the grant of independence.

    • Word count: 811
  12. Religion and Environment in India. The religious heritage of India shows a deep concern for the protection and preservation of the environment.

    Our voice must reach them; otherwise, our spiritual needs will remain unministered. We are not less noisy in our secular matters. Our marriages and burial processions must be accompanied by bands, twists and bhangras."2 Another eminent writer Professor Upendra Baxi has stated, "In India, environment protection and management started only after 1972 i.e. after the Stockholm Conference."3 However, from the above observations it should not be understood that in ancient Indian there was no concern for environment protection and that this concern is only of recent origin.

    • Word count: 6742
  13. Legal education in India. Legal education and quality of law graduates have great impact on the quality of judiciary bar and bench. Legal education is also substantively relevant for other spheres of national life related to law-making and law-enforc

    Besides, lawyers, judges and law-graduates have a social responsibility towards the people at large to facilitate their access to justice, not only by way of application of law, but also by promoting mass legal awareness, sensitizing people to sectoral as well as national issues, upholding and propagating, thereby, social values of law. These have great bearing on the rule of law, democracy and socio-economic development of a nation. There is therefore need to articulate a clear long term vision on legal education in India, a vision guided by a continuing commitment to excellence.

    • Word count: 9931
  14. Michael Kirby. Being a great advocator of human rights Kirby was in the dissenting judgment in the case of Al-Kateb v Godwin[7] where the case was about Al-Kateb who was a stateless person, was to be held in a detention centre indefinitely.

    Cases heard before the full bench of the High Court are likely to test the boundaries of existing law, and raise opposing, though no less valid, views of the law.5 The rate of dissent, if seen within its context, it is relatively small. He goes on to say... 'in the highest court of a nation, selecting these cases out from the whole mass and morass of litigation, of their nature these are going to be matters on which men and women of good will and experience in the law, who look at the values of the law, can disagree'.6 Being

    • Word count: 2002
  15. Al-Kateb v Godwin [2004] HCA 37. The Political, Social and Economic Significance of Al-Kateb

    A majority of 5:25 found that Chapter III of the Constitution was not infringed. The Political, Social and Economic Significance of Al-Kateb The major political and social significance of the case stems from the majority judges' statutory interpretation that flowed against the common law presumption in favour of personal liberty.6 In his minority judgement, Gleeson CJ stated that:7 Courts do not impute to the legislature an intention to abrogate or curtail certain human rights or freedoms (of which personal liberty is the most basic)

    • Word count: 2127
  16. Discuss whether Hong Kong has a written, unwritten, concrete and/or abstract constitution

    A concrete constitution is the document that comprises the written constitution, in which the most basic rules are stated. However, not all institutional precepts and government attributes can be expressed in this concrete fashion. In most cases, the legislation and court decisions will supplement the written outline, providing what is known as the abstract constitution. Hong Kong received its first constitution in 1843 from Britain with little participation from the colony itself. Over time, advancements in constitutionalism began to develop. First was the setting up of advisory committees and consultative organisation which allowed the public to involve more in policy-making processes.

    • Word count: 1271
  17. Article 19(2) of the Basic Law provides that the courts of the Hong Kong Special Administrative Region shall have jurisdiction over all cases in the Region, except that the restrictions on their jurisdiction imposed by the legal system and principles prev

    Therefore, these articles have in effect laid down the overall picture of Hong Kong judicial structure. Article 19(2) sets out that the courts have jurisdiction over the Basic Law and matters related to the Region, grants them authority to interpret laws that have been passed by the Legislative Council. It is the restrictions imposed by the legal system and principles previously in force in Hong Kong that bind them. To see how this provision is implemented, there is a need to first understand the technical jurisdiction of each separate court to get a glimpse on how the provision of 'courts of the Hong Kong Special Administrative Region shall have jurisdiction over all cases in the Region' is implemented.

    • Word count: 1336
  18. Explain and critically evaluate the role of courts in interpreting the Basic Law of the Hong Kong SAR since 1997.

    Article 158 states that the NPC has a plenary power to interpret any provisions of the Basic Law (158(1)). Nonetheless, it divides the responsibility for interpretation with the purpose to achieve an appropriate balance between the NPCSC and the HKSAR courts. The NPCSC authorizes the HKSAR courts to interpret provisions which are within the autonomy of HKSAR during adjudication (158(2)). However, when no further appeal is possible the court must seek and apply interpretation from the NPCSC dealing with the responsibility of the CPG, or concerning the relationship between the Central Authorities and the HKSAR, where such interpretation will affect the judgment on the case (158(3)).

    • Word count: 2965
  19. Stolen generation

    by indenture bind or case to bound the child of any aborigine, or the neglected child of any person apparently having an admixture of aboriginal blood in his veins, to be apprenticed to any master...'3. Some of the children were sent to live with families while others were sent to homes such as Cootamundra Aboriginal Girls Training Home where Aboriginal girls were trained as domestic servants, and boys were sent to Kinchella Home for Aborigine Boys for a brief training as farm labourers and handymen.4 The Aboriginal people have only every wanted an apology for wrongs done to them or

    • Word count: 2470
  20. Case Analysis and comment:St George Bank Limited v FCT [2008] FCA 453

    The ratio of this case is the nature of deductibility of an amount under capital or revenue account based on the context of the transactions. From the perspective of the case Sun Newspapers v FCT (1938) 61 CLR 337, the principle emphasized is the characteristic of incurring expenditure [2]. The tests set out by Dixon J need to be examined to conclude it is deductible or not. The first test examines the character of advantage sought which says that an expense resulted in the taxpayer receiving a lasting benefit is more likely to be a capital expense.

    • Word count: 1419
  21. Commencing Arbitration

    The next question is whether the arbitration is domestic or international under the Ordinance. Since the subject matter of the case is an "international sales contract", it is almost certain that it fulfills one of the requirements stipulated in Article 1(3)(a) or 1(3)(b)(ii) of the Model Law,4 in which case the Fifth Schedule of the Ordinance (UNCITRAL Model Law) would apply to the arbitration. Our client should know that if the parties cannot agree on the number or appointment of arbitrators, HKIAC, not the High Court, is vested with the statutory duties to make default appointments.5 In the absence of conditions preliminary to commencement (e.g., mediation before arbitration), our client could commence arbitration by

    • Word count: 4228
  22. Contract Law 1

    So under those circumstances there would be no contract let alone a binding one. This would be taking the simplistic approach; instead it is necessary to look at what a reasonable person would think to determine whether an offer was made. Would a reasonable person think that what Dell said was intended to be an offer to Paris and would Dell's conduct have amounted to an offer?6 The courts may take the view that a reasonable person faced with a similar proposition could take the view that an offer had been presented to them.

    • Word count: 3451
  23. Australian Constitutional Law

    If a person has been in Australia for two months and does not make an application within that time, then Section 54P(2)14 of the Migration Act 1958 (Cth) (Act) requires that person to be expelled as soon as is possible, or if a person has been denied entry to Australia, Section 54P(3) of the Act requires they be expelled as soon as is possible after their entry has been refused.15 Also sections 54L and 54N16 of the Act gives the Executive the powers of detention with a limited number of important restraints that are imposed by provisions of Division 4B17.

    • Word count: 3495
  24. Contract Law

    He also had a history of bad personal debt and he also was involved with a number of other companies.13 Mr Brokken was Cheers accountant and had known him for a long period of time and was aware of his client's bad financial management. He had only ever met Begbie once.14 Mr Henshaw was the manager of the State Bank of New South Wales branch in Bundall and he was personally keeping an eye on the Cheers and Snowlakes accounts.

    • Word count: 4849
  25. The law of partnership

    Each partner shares profit and control of the business. Sharing profit makes the partners jointly and independently liable for the partnerships debts. A partnership is in general a contract either by expression or implement without signed documents or any formal requirements and the courts to determine whether a partnership exists will look if there is a jointly property, sharing of gross returns and share of profits between partners. State law controls the creation, organization and dissolution of partnerships. Now in our case Sven's wish to appoint his son's to the new positions of the firm find's his partners opposed to it.

    • Word count: 2449

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