Explain the theory of natural law
TOM MORGAN 12RK AO1 Explain the theory of natural law Natural law is a theory that stretches across all cultures and ways of life. It is a universal theory that says there are definite rights and wrongs. For instance; taking human life is definitely wrong. In this respect, Natural Law is the parallel of Moral Relativism, as if you live by a Moral Relativism approach to ethics, then no actions are always right or always wrong. That is to be decided by the outcome of an action. This quote from Cicero may help explain Natural law: "True law is right reason in agreement with nature; it is of universal application, unchanging and everlasting" This means that 'true law' or Natural Law is in harmony with nature. E.g., do not have sexual intercourse with those of the same sex or from the same family, as both these things go against nature. The most famous advocate of the Natural Law ethic was the Christian theologian St Thomas Aquinas. Aquinas developed Aristotle's ideas and argued that the natural purpose of the world is found in God. Humans are free and are capable of choosing to follow the 'natural law' of God, which is understood through reason. He believed the human purpose was, 'to reproduce, to learn, to live harmoniously in society and to worship God'. In this way, Natural law describes not only how things are but also how things ought to be. When things are fulfilling
There are many influences operating on parliament before and during the legislative process. Explain and evaluate any three of these influences, giving examples of how parliament has been persuaded to introduce legislation.
Law Reform - Influences upon Parliament There are many influences operating on parliament before and during the legislative process. Explain and evaluate any three of these influences, giving examples of how parliament has been persuaded to introduce legislation. Law reform means making a change to the law by improving what had existed before. Law reform can be achieved by updating the law, codification of the law and consolidation of statutes. There are many different influences upon parliament for law reform. Three of these influences are Law commissions, Royal commissions and pressure groups. The law commission is the independent body established by the Law Commission Act 1965 to keep the law of England and Wales under review and recommend reforms when they are needed. The law commission is important because it is the only full-time publicly funded body established for the purpose of law reform. The law commission consists of five commissioners plus support staff. The chairman is a high court judge who is appointed for a term of three years. The other four commissioners are solicitors, barristers or teachers of law. Each of them is appointed by the Lord Chancellor for a term of five years and may serve two terms. The law commission is an advisory body which makes proposals for law reform but they also work on consolidation of statutes and statute law revision. The law
The three main rules of statutory interpretation are the literal rule, the golden rule and the mischief rule.
Question 2 This essay outlines the rules of statutory interpretation. The essay will starts by explaining what the rules are, and how they are used. This will follow by the three main rules: the literal rule, the golden rule and the mischief rule. The essay will also outline the difficulties that courts face in applying the rules. The rules are not in fact rules, but guidelines. Law is a system of rules. The rules are a vital part of our social environment. We are subject to the rules at all times: at work, at home, in the shops. Statutory interpretation uses rules to help interpret what Parliament has enacted. The interpretation of statute has become a hugely personal affair with judges attempting to have their final say and using whatever means to justify their decisions in a particular case. Some judges have their own favorite rule and the different outcomes may result from the use of different rules. One judge may use a particular rule of interpretation and another judge may use another rule, even for the same case. The three main rules of statutory interpretation are the literal rule, the golden rule and the mischief rule. The literal rule means the courts will give words their plain, ordinary or literal meaning even if the result is not very sensible and does not appear to be the on which parliament intended when making the law. This is the oldest of the rules and it
The Police and Criminal Evidence Acts 1984-provides an effective balance between the powers of the police and safe guards provided for suspects.
Yasmin White 27th September 2002 The Police and Criminal Evidence Acts 1984-provides an effective balance between the powers of the police and safe guards provided for suspects One of the fundamental civil liberties is the right to freedom of your person from detention, and your property from seizure, without lawful cause. Recognition if this right goes back centuries in the history of Britain. Its fundamental expression is in the statement that we live in a country where one of the basic principles of the constitution is that our affairs shall be carried on under "the rule of law". In Entick v Carrington (1765) 19 St Tr 1030 Lord Chief Justice Camden set out the basic principle that anyone who invades another's private property is guilty of an offence unless they can show a justification for having done so. The recognition of the right to liberty of the person, and freedom from interference with private property, underpins the torts of trespass to land and trespass to the person. It also underlies the defence to a charge of assault that the person was acting in self-defence against an unlawful detention. False imprisonment is based on the idea that there must be no deprivation of personal liberty without lawful authority. The powers given to the police to act to maintain public order and to
The aim of this study is to outline the difficulties confronting the court when fitness to plead and insanity defence are contested.
CHAPTER ONE INTRODUCTION The aim of this study is to outline the difficulties confronting the court when fitness to plead and insanity defence are contested. The relationship between fitness to plead, insanity and crime has been of interest to man from time. This is particularly so when crimes like homicide (murder) have been committed. Prior to the trial (Pre-trial phase), fitness to plead is usually contested. It is not unusual for a person appearing before the court to be unfit to plead. The jury, by resorting to the trial of facts, determines whether the accused committed the act or not. With regards to the Soham Killings, Huntley's "fitness to plead" was questioned. As a result of this he had to be remanded under section 35 of the Mental Health Act 1983, for a medical report at Rampton Special Hospital. The issue here is to ascertain that the individual has got sufficient intellect to be able to plead to the indictment and also understand the proceedings sufficiently to challenge jurors, take in the evidence, and make a proper defence. The test for this purpose is that set out in R V Pritchard. The fact that a criminal is insane, can affect the normal processes of the law at the trial phase. The legal position would be to divert as many mentally disordered offenders as possible from prosecution or penal disposal towards the health and social services.
Explain the role and effectiveness of the law commission
(a) Explain the role and effectiveness of the law commission The Law Commission is the main law reform body. It was set up in 1965 by the Law Commission Act It is a full time body that consists of a chairman, 4 law commissioners, support staff to assist in research, and 4 parliamentary draftsmen. The Law Commission is an independent, government-funded organisation, which reviews areas of the law that need updating, reforming or developing. It makes recommendations to Parliament, and these recommendations are published in its report series. The Law Commission helps ensure that laws provide effectively for the current and future needs of our rapidly changing society. Their role which is set out in S.3 of this act states that they should: 'keep under review all the law with a view to its systematic development and reform, elimination of anomalies, repeal of obsolete and unnecessary enactments, reduction of separate enactments, the simplification and modernisation of the law.' The advantages of this law commission is that it is a full time body which shows that it is always in operation, it is the main law reform body, they have support staff to assist in research, they have a rotating chair person which shows that they have fresh ideas and brains and they have a clear role (S.3 of the act). The topics that the law commission have to consider are referred to by the Lord
Directed Study - Lay Magistrates.
James Bellis Directed Study - Lay Magistrates Lay Magistrates - or Justices of the Peace - Have been an important part of our legal system for hundred of years. They deal with approximately 98% of all criminal cases. a) Describe the selection, Training and role of lay magistrates. b) Discuss the advantages and disadvantages of using lay magistrates in the English legal system. a) Every Year approximately 1500 lay magistrates are appointed, These people are appointed by the lord chancellor apart from in Lancashire where they are appointed by the Chancellor for the Duchy of Lancaster, on behalf of the queen. The Lord Chancellor depends on recommendations by the local advisory committee a method that is criticized often. Because the membership of the committees used to be secret but have been published since 1993, the committees are usually made up of ex-justices of the Peace, the county's lord lieutenant is usually the chairman. Half the members of such committees have to retire every three years; the maximum number on a committee is 12 and must be a mixture of magistrates and non-magistrates. Potential candidates can be recommended by anyone, one can also put ones own name forward to be considered, but names are usually put forward by groups such as political parties, trade unions and chambers of commerce. Committees have also put adverts in newspapers to try and get
Public Law 1 - Assessed Coursework 2004 Over the years the UK constitution has come underscrutiny regarding the doctrine of the separation of powers. This doctrine isseen as being vital for any constitution to run smoothly with no problems. Inorder...
Public Law 1 - Assessed Coursework 2004 Over the years the UK constitution has come under scrutiny regarding the doctrine of the separation of powers. This doctrine is seen as being vital for any constitution to run smoothly with no problems. In order to examine the statement made by Lord Simon I will first look at the definition of Separation of Powers as well as how it relates to the three primary organs of the UK constitution. I shall then go on to look at breaches of the fundamental doctrine and whether the view of Lord Simon can be viewed as being accurate or not. The doctrine of the separation of powers was first put forward by a French political theorist named Charles de Montesquieu in 1748. In his book, 'the spirit of the law' he stated that the liberty of the individual is secure only if the three primary organs of the state; the executive, legislature and the judiciary are distinct and independent in both duty and in persons. This ensures that no one body accumulates excessive and uneven balance of power, which is in violation of the doctrine. Montesquieu also believes that the doctrine would produce institutions that are relatively independent from one another and supports a system of checks and balances. Thus it is fair to acknowledge that the doctrine prescribes the appropriate allocation of powers and the limits of those powers. It is the relationship between
"Muslim Schoolgirls risk careers for their symbolic headscarves", Article Analysis
Article analysis (1,275words) The broadsheet newspaper article titled "Muslim Schoolgirls risk careers for their symbolic headscarves", written by Amelia Gentleman reacts to the new law in France prohibiting the wearing of religious symbols. This article highlights the calamity faced by Samia and her sister in having to choose between a symbol of huge significance (the headscarf) and something as equally vital as their careers. The youth of the girls is emphasised as they are just starting secondary school and "They have to choose what to wear for the first day of term this morning". The deictic "This morning" points to how close to the present this is and highlights the immediacy of the issue, which makes it more vivid, appealing to the reader. The addition of the "skull caps, turbans and large crucifixes" appeals to a wide audience and causes the reader to empathise for all suffering at the hands of this ban. The general tone of the article is serious, which is to be expected due to the seriousness of the topic. Primarily, the article is informative and gives a balanced viewpoint, as it's from The Guardian; a balanced, liberal paper more in favour of the "worker". However, the writer appears to sympathise with the Muslim girls, despite the fact that they may be defying the law. This is evident from the title; "Muslim schoolgirls risk careers for their symbolic
Australian High Court.
Australian High Court The High Court is the highest court in the Australian judicial system. It was established in 1901 by Section 71 of the Constitution. The functions of the High Court are to interpret and apply the law of Australia; to decide cases of special federal significance including challenges to the constitutional validity of laws and to hear appeals, by special leave, from Federal, State and Territory courts. High Court is located in Canberra, where is has its own building within the Parliamentary Triangle. The High Court building houses three courtrooms, Justices' chambers, and the Court's main registry, library, and corporate services facilities. In addition, there are offices of the High Court Registry in Sydney and Melbourne, staffed by officers of the High Court. In Brisbane and Perth registry functions are performed on behalf of the High Court by officers of the Federal Court of Australia, and in Adelaide, Hobart and Darwin they are performed by officers of the Supreme Court of the respective State or Territory. The High Court of Australia is able to deal with cases which come to it on appeal or which begin in the High Court itself. Cases which involve interpretation of the Constitution, or where the Court may be invited to depart from one of its previous decisions, or where the Court considers the principle of law involved to be one of major public
