'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.
Public Law Assignment: Year Two Semester One: Question: '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. With reference to issues such as civil liberties, freedom of the individual, privacy and police powers, discuss the effectiveness of the human rights act as a means of protecting personal freedoms. Everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms and of meeting the just requirements of morality, public order and the general welfare in a democratic society.1 Historically, the British Constitution did not contain any written declaration of the rights of individuals. In 1966, the U.K recognised the power of the European Convention on Human Rights (ECHR) to hear complaints from British citizen's and adjudicate in such matters. At the time, Britain did not incorporate the ECHR into British domestic law. In 1998 articles embodied in the Convention were incorporated into U.K law through statutory interpretation, 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
Explain the development of Equity.
a) Explain the development of Equity Before the arrival of William I, in 1066, law was based largely on different local customs, meaning that the systems of law varied in different areas of the country. The King had little control over the whole country, with no effective central government. When William I became King of England he began to standardise the law, establishing a strong central government. William sent out different representatives of the crown to various areas of the country to check local administration, and to pass judgment in local disputes, according to the local law. When the representatives returned to Westminster, they discussed the various customs of the different areas of the country and began to form a consistent body of rules, by accepting customs that seemed rational, such as the feudal system, which is a tiered class system whereby the King owns all the land and under the King, a complex hierarchical chain of nobles distributed power, wealth, and rights down to the level of Lords and in turn each Lord rented land to tenants, offering them protecting in return for other services. The process of looking at various customs and their worth carried on for two centuries, and slowly the principle of 'let the decision stand' arose. Whenever a new problem of law came to be decided, the decision followed suit of previous cases, making the law more
A number of views have been expressed that 'marriage' between two heterosexual couples is not the same as a 'homosexual liaison'.
2. An attempt of analysing our approach to marriage is to ask ourselves how many of the same principle might apply to gay and lesbian relationships. A number of views have been expressed that 'marriage' between two heterosexual couples is not the same as a 'homosexual liaison'. "As a Baptist Minister, I cannot see how gay relationships can possibly be equated to marriage. Marriage is a unique institution because it allows for the possibility of children being conceived and nurtured. In marriage, a man and a woman makes an exclusive commitment to each other. Whilst I recognise that this does not always work out in practice, no comparable situations can ever apply to homosexual couples"1 The question of same-sex marriage is relatively new on the Family law agenda in this country. Until the Sexual Offences (Amendment) Act 1957, sexual intercourse between males was a criminal offence. Complaints that such law violated the right to respect for private life under Article 8 of the European Convention on Human Rights were routinely found inadmissible during the 1950s and 1960s. However, things started changing in the 1970s by the Court of Appeal decision in 19812, that the total prohibition in Northern Ireland was a breach of Article 8(1) which could not be justified under Article 8(2) as "necessary in a democratic society" either for the protection of morals or the rights and
I have seen the Care Standards Act in practice while on placement at a residential home. Standards are set and then met in order for the residents to get the best care possible.
Care Standards Act 2000 This Act was at first published onto two papers called 'white papers' by the government in 'November 1998 and March 1999,' http://www.opsi.gov.uk/acts/en2000/2000en14.htm 13/2/06 The main purpose of this Act is to reform the regulatory system for care services in England and Wales. Care services consist of residential care homes, nursing homes, voluntary adoption services, private and voluntary health care services etc. I have seen the Care Standards Act in practice while on placement at a residential home. Standards are set and then met in order for the residents to get the best care possible. Children Act 1989 The Children Act is about the welfare of the child and it has children's best interests at heart. They make sure that children are being looked after appropriately and there is no abuse going on. The main principles that are appropriate from this Act for a health and social care worker are that they need to be aware of things such as abuse e.g. if they work in a nursery or school or as a social worker they should know signs of child abuse or realise when a child is being neglected. If a nursery worker for example is worried about a certain child because he/she keeps turning up with bruises this should be reported to the manager with confidentiality in mind. They should be professional with the matter and not make presumptions. I have
the english legal system
Sir John Salmon said that law was "The body of principles recognised and applied by the state in the administration of justice." I am going to examine the principles and the application of the administration of justice that is referred to in the quotation. I will be talking about the impact of Human Rights Act 1998 and the different sources of law with examples and descriptions of the criminal and civil procedures. The rule of law. The rule of law can be difficult to explain definitively, however it is often recognised as a means of ensuring the protection of individual rights against unfettered government power. The rule of law is the supremacy of law over man. There are some important principles relating to the rule of law, these were identified by a well known philosopher called Razz. The general concept of the rule of law in the UK has become identified with Dicey's explanation of the doctrine in his 1885 text, the law of the constitution. According to Dicey, the rule of law was a distinct feature of the UK constitution. The impacts of the Human Rights Act 1998. One of the aims of the Human Rights Act 1998 was to create a 'rights culture'. This has begun to challenge traditional power relationships, and has created debate about the scope and the exercise of state powers, and also the sorts of rights that individuals can legitimately expect to be protected. The court
A. Advise Quill what changes he needs to make to his business practices and when.
Property 1 Assessed Essay EASTER 2002 A. Advise Quill what changes he needs to make to his business practices and when. The Law of Property (Electronic Communications) Order 2001 incorporated into Section 8 of the Electronic Communications Act 2000, and enactment of the Land Registration Act 2002 will have a number of implications to Quill's business of creating hand written conveyances and selling individual house to Americans. Firstly, it will be voluntary for conveyancing to be carried out electronically which will make it simpler and more efficient. A new section 2A will be added to the Law of Property (Miscellaneous Provisions) Act 1989 to make contracts of sale available electronically, and a new section 144A in the Land Registration Act 1925 will provide a deed to be created electronically. Both electronically created contracts and deeds will take effect as a paper contract or deed. In order for Quill to adapt to these changes, some formalities need to be understood. At present, all conveyances of land are required to be made in writing under a deed in section 52 of the Law of Property Act 1925, with the exceptions of assents, creation of short leases, and conveyances by operation of law. Under the draft Order for e-conveyancing, a deed can be created electronically via a secure Intranet. Quill will firstly be required to update his business by purchasing
Law personal statement
Law Personal Statement I am a person keen on challenges. Law will provide me with the kind of constant challenge I have always craved, while helping me to improve my analytical, practical & communication skills. Also my concern and curiosity about society and its people inspired me to pursue this subject for my higher education, as I believe Law plays an essential role in the changing nature of society My upbringing has honed my perception of society and people leading me to be acutely aware of social injustice, inequality, exploitation, discrimination, and religious fundamentalism, especially in a society such as the one I come from - Bangladesh. I possess a desire, to struggle if necessary through my life in establishing a society which will be free from exploitation and inequality. As such, I have chosen to study Law, for I believe the proper implementation of Law is the only potent weapon to obliterate injustice. I believe throughout the history of the world, working classes have been deceived by the upper class bourgeoisie and the elites - my ultimate goal in life is to establish the rights of the socially deprived classes. I always have wondered why Law has not been used to raise the voice of the working class, and why it has been used to safeguard the interests of people who are exploiting. I seek a new definition of human rights - the true
A Brief History of Apartheid in South Africa
A Brief History of Apartheid in South Africa Apartheid is not a new thing. Ever since Dutch colonists landed in 1652, "Blacks" and "Whites" have lived apart in South Africa. Officially started in 1948 when the Afrikaner Nationalist party came to power, apartheid is a system of racial laws devised to "Preserve and promote a white majority over a black majority." It has a lot of opposition and it led to an international boycott of South Africa because of it. When the Dutch first landed and established a strong colony there, they got on relatively peacefully with the natives. Then British and French landed. Theye wer lured by the prospect of all the gold and diamonds that were rich in South Africa's mines. They were much more greedy than the Dutch, pushing the native blacks back, who were powerless against the invader's guns. Over the years, the races got even more segregated, having isolated territories. The whites felt they were far superior to the black people in every way. They took slaves from black communities, and just 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 were regarded with shame as little better than blacks
Summarise two Bills currently going through Parliament
SUMMARISE TWO BILLS CURRENTLY GOING THROUGH PARLIAMENT. • Legal Aid, Sentencing and Punishment of Offenders Bill 2010- 11. It includes four parts and 16 schedules. Part 1 makes provisions on legal aid, Part 2 deals with litigation funding and costs, and Part 3 covers sentencing and the punishment of offenders. Summary • reverses the position under the Access to Justice Act 1999, whereby civil legal aid is available for any matter not specifically excluded. The Bill takes some types of case out of scope for legal aid funding and provides that cases would not be eligible for funding unless of a type specified in the Bill • abolishes the Legal Services Commission • makes various provisions in respect of civil litigation funding and costs, taking forward the recommendations of the Jackson Review and the Government's response to that review • makes changes to sentencing provisions, including giving courts an express duty (rather than the current power) to consider making compensation orders where victims have suffered harm or loss; reducing the detailed requirements on courts when they give reasons for a sentence; allowing courts to suspend sentences of up to two years rather than 12 months; and amending the court's power to suspend a prison sentence • introduce new powers to allow curfews to be imposed for up to 12 months rather than the current six •
judges avoid following precedent
Outline how judges can avoid following precedent and discuss the advantages of their doing so. Judges can avoid following precedent is a number of ways. Distinguishing is one way, where the material facts of the case are different from a previous one and then the judge does not have to follow the earlier one. This is seen in Balfour v Balfour (1919), where the husband made a verbal agreement of giving his wife £30 a month, while he was away in Ceylon. However he stopped the payments and Mrs Balfour started legal action. It reached the Court of Appeal and they held that there was no enforceable agreement, as there was no evidence for a legally binding promise. So when the case of Merritt and Merritt (1970) came along, where Mr Merritt and Mrs Merritt signed an agreement that he would pay her a monthly sum. When the mortgage of the house was paid, Mr Merritt refused to hand over the house. The court accepted the case, as it was more than a domestic agreement as the agreement was signed after they had separated. This decision is from Balfour v Balfour (1919) as there was a signed contract with terms and conditions which both parties had signed. Therefore the judge was allowed to distinguish the case as the facts were different. Judges can also distinguish on a point of law and this is seen in the case R v Holley (2006), which overruled R v Smith (2000). In R v Smith
