Historical Background of the Concept of Rule of Law

PROJECT REPORT On 'RULE OF LAW' SUBMITTED TO : BY : Ms. BABITA PATHANIA KULWINDER KAUR Lecturer, Department of Laws; LL.B. 3rd SEMESTER P.U., Chandigarh. SECTION -H ROLL NO. - 84/06 Introduction The entire base of 'Administrative Law' rests on the concept of the 'Rule of Law'. No Constitution of any country can function and no nation can march along the true democratic way of life without a true and continuous realization of the importance of the 'Rule of Law' and of judicial review of legislative and executive action.1 The expression 'Rule of Law' has been derived from the French phrase 'la principle de legalite', which means the principle of legality and which refers to a Government based on the principles of law and not of men. In simple words, the expression 'Rule of Law' indicates the state of affairs in a country where, in main, the law rules. Thus, it provides protection to the people against the arbitrary action of the Government and its officials by compelling them to exercise their powers in accordance with the law.2 Historical Background of the Concept of Rule of Law The concept of the 'Rule of Law' is indeed very ancient. It is said that the Holy Roman Emperor Konrad II (1024-1039 A.D) decreed in his great law compilation of May 28, 1037 that no holder of a feudal estate 'shall be deprived of his

  • Word count: 4980
  • Level: University Degree
  • Subject: Law
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Factors on the Inaction of Bystanders

Inaction of Bystanders 1 Running head: FACTORS ON THE INACTION OF BYSTANDERS The Inaction of Bystanders: A Discussion on Different Factors on the Inaction of Bystanders Li Howe Tan (308142659) Samantha Fearns (Monday 1:00pm - 2:00pm) Inaction of Bystanders 2 Abstract It is said that people are less likely to help a person in need when they are diffused within a crowd, rather than when they are alone they are prone to helping the victim quickly or immediately. The reason why is it because of situational demands, as claimed by the Bystander Effect (Latane & Darley, 1970), or is it because of underlying personality traits that we have within ourselves that inhibits us not to help? Studies and experiments have been carried out to support the Bystander Effect that the more people they are witnessing a procedure, the anonymity increases thus the less likely people around would initiate to help. There however are a few suggested factors as to why people choose to assist or ignore. It will be argued for that the inaction of bystanders is in fact due to situational demands. Inaction of Bystanders 3 The Inaction of Bystanders: A Discussion on Different Factors on the Inaction of Bystanders If an incident of emergency has occurred and a victim needs help, and there are many people present during the emergency; would you consider yourself helping

  • Word count: 1505
  • Level: University Degree
  • Subject: Law
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Future of cyber-law

Cyber-space imitates real-world activity and this includes criminal activity. Internet law as a legacy of territorial law is attempting to challenge virtual criminality, but there is a big problem because cyber-space is not subject to a single jurisdiction. The European Council is trying to tackle this issue but unless all countries sign the EC treaty, cyber-law will not always work. National legislations with investigatory powers prove there is sufficient control for cyber-law to work. For example in Malaysia since 1997 and in India since 2000, Digital signatures have allowed the exchange of documents to be legally binding as far as the law of contract and evidence are concerned. Investigatory powers make cyber-law work and this is emphasized in section 10 of Malaysia's Digital Signature Act 1997 and section 78 of India's Technology Act 2000. Influenced by the UK Computer Misuse Act 19901, the Malaysian Computer Crimes Act 19972 categorises the unauthorised access and modification of computer contents an offence carrying punishment of RM 50, 000 or five years' imprisonment. Hate speech is another offence regulated under UK's Public Order Act 19863 and Australia's Racial Discrimination Act 1975 makes it unlawful to insult, humiliate or intimidate another person in public on the basis of their race. As a result, governments are successfully closing radical Islamic

  • Word count: 654
  • Level: University Degree
  • Subject: Law
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Immigration in New Zealand law

Introduction In practice immigration and emigration are human realities, which pre-date both the modern understanding of these terms, and the contemporary definition of the nation state. In the modern era while citizens of a particular nation state enjoy an undisputed right of residence, the residence of immigrants is contingent upon conditions set by immigration law and policy. As noted by former UN General Secretary, Kofi Anan, the current global character of migration is now a growing phenomenon both in scope and complexity, which affects virtually all countries in the world.1 This essay addresses three issues in regard to the portentous question of immigration; firstly, should New Zealand have an immigration programme; what factors comprise the major benefits and detriments of an immigration programme; and lastly, whether the New Zealand government's current immigration programme is sourcing the right migrants required for economic growth. Should New Zealand have an Immigration Programme? Immigration is a particularly significant issue for our country as New Zealand is routinely referred to as a nation of immigrants, and immigration has been a significant driver of population change since the mid-19th century. At the time of the 2001 Census, just under 20% of residents recorded an overseas birthplace giving New Zealand one of the highest proportions of overseas born in

  • Word count: 3708
  • Level: University Degree
  • Subject: Law
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Protection of minority shareholders

Before providing a detailed evaluation on the improvement of the rights of minority shareholders since the enactment of Companies Act 2006, it's vital to view and understand the law on protection of minority shareholders prior to Companies Act 2006. The case which raised the common law position on the principle of majority rule or also known as "the principle of corporate democracy" was Foss v Harbottle.1 The rule is rather simple, it stands for the ideology that the decisions or choices made by the majority will certainly prevail over the minority. As seen in practice often, the greater the amount invested by a shareholder, the greater power, privileges and rights can be exercised by the shareholder within that company. Ergo, as it can be seen, a great and large amount of power can be exercised by the majority shareholders and in accordance with the majority rule, minority shareholders are left with nothing but to agree with the decisions that have been made by the majority shareholders. Minority shareholders cannot seek for the courts to interfere in such circumstances as Foss v Harbottle does not provide for complains by minority shareholders regarding wrong done to the company as long as the majority shareholders are satisfied and are not interested in taking action. The proper plaintiff rule which was given by Foss v Harbottle and explained Lord Justice Jenkins in

  • Word count: 4436
  • Level: University Degree
  • Subject: Law
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Effectiveness of tribunals as substitutes to courts/ Access to administrative information

Q.2 "...how suitable are tribunals as substitutes for, or supplements to, the courts?" In the review of administrative action, tribunals are questionably overtaking the role of courts as the principal means of determining disputes. They address the shortfalls of the judicial review system, and are an efficient and accessible means for individuals to challenge government and public sector decisions which affect their welfare. This paper will argue that in this arena, courts have been superseded by the Administrative Appeals Tribunal (and similar state adoptions) and whilst they primarily started out as a much needed adjunct to a flailing judicial review system, they have now made the court based review system somewhat obsolete. This paper will evidence such a view initially by considering the deficiencies of the judicial review system, followed by a consideration of the demands which have lead to the instigation of tribunals, and what their essential purpose is. The advantages of tribunals as a mechanism for determining the review of administrative action will then be considered in light of its jurisdictional advantages, accessibility and procedural efficiencies, and the public confidence it affords society via its existence. Firstly, a brief consideration of the problems of judicial review. I. TRIBUNALS; A NECESSARY ENHANCEMENT (a)The deficiencies of the judicial review

  • Word count: 3416
  • Level: University Degree
  • Subject: Law
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Alternative Dispute Resolution

Student No: 2483708 How effective is mediation as a way of resolving conflicts within the workplace with regards to preserving future working relationships? For employers, their employees are the most important resource for their business, and contended employees are likely to be the most productive. On the other hand, for employees, their employment affords not merely a source of income and means of family support, but also their sense of character. Quality of life for an employee thus requires a harmonious balance between the demands of the home and the demands of the workplace and a readily available and effective means of resolving any differences at the workplace. New employment laws in the United Kingdom and the European Union have redefined the rights and responsibilities of both employers and employees. These new laws are a reflection of the changing social attitudes of our society and it is often a lack of understanding of these changes that leads to conflicts in the workplace. A clear example of this can be seen in the introduction of internet and the wide use of sites such as 'Facebook' and 'Myspace' within a workplace and the problems it causes for certain individuals. Resolving disputes, which arise in the workplace, takes time and energy, but it is certainly preferable to the alternative of a no resolution. Conflicts are simply a fact of life. They will occur

  • Word count: 2526
  • Level: University Degree
  • Subject: Law
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Competition Law

Contents . Prologue 2. Distribution agreement made between Actual and Hampton 2.1. The fundamentals of EC competition policy and law 2.2. Article 81 of TEC and vertical agreements 2.3. The block exemption regulation 2.3.1. The hardcore restrictions 2.3.2. The 30% market share cap 2.3.3. The conditions of Article 5 of BER 2.4 Conclusion 3. Conditions under EU law upon which the Commission can investigate Mr Stone at his home 3.1 Powers provided by Regulation 1/2003 and relevant case law 3.1.1. Investigations under 1/2003 3.1.2. Requests for information 3.1.3. Powers of inspection and take statements 3.1.4. Power to inspect other premises 3.2 Limitations on powers of investigation established under EC law 3.3 Conclusion __________________________________________ . Prologue The assignment question divides into two parts. The first part is to advise Mr. Weather1 whether Actual Limited2 has any grounds under EU competition law to challenge the provisions of distribution agreement3 made between Hampton and Actual. The second part is to advise Weather of the conditions under EU law upon which the European Commission can investigate Mr. Stone4 at his home. It is proposed to organize the discursive analysis as noted in the contents above in order to logically structure and discuss the main legal opinions and issues respecting to the distribution agreement and

  • Word count: 5839
  • Level: University Degree
  • Subject: Law
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This essay will discuss whether 'Judicial review of administrative action does little to protect the rights of the individual against the power of the state.'

Transfer-Encoding: chunked Student Number B00652856 This essay will discuss whether 'Judicial review of administrative action does little to protect the rights of the individual against the power of the state.' It is believed that the origins of Judicial Reviews is found in the case of a Chief Constable of Brighton who was relieved of his duties without the chance to put his case forward before dismissal.[1] The number of judicial review cases in England and Wales rose from 160 in 1974 to over 1,230 in 1985, and to some 3,200 in 1994.[2] Ackerman LWH, states that: Those who are committed to the establishment of a non-racial, human rights-based democracy in South Africa appear largely to agree that a system of judicial review, in the wide sense of the expression, is essential not only for the effective protection of human rights, but also for the viability of a new constitutional dispensation.[3] Clearly we have commentators arguing that JR is a thing to behold and essential to Human Rights. A Judicial Review (JR) should be conducted in accordance with the rules[4] where the function is to determine if legal rules and procedures were correctly followed[5]. Some might argue this administrative device gives the public power to question the executive and others may argue it’s a way of keeping the lawmakers in check. The legal historian Maitland said in 1888: Government

  • Word count: 2427
  • Level: University Degree
  • Subject: Law
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Discuss legitimate expectation in relation to the problem.

A devastating storm recently struck the English coast. A river running through the town of Boswhellem burst its bank causing many properties to flood. Cars were swept into the sea, and outlying farmland rendered useless; the main bridge over the river was destroyed, and public buildings in the town became unusable for several months. The Government decided to create the 'Boswhellam Emergency Relief Scheme' (BERS) to make grants to repair private and public infrastructure. No statutory power permits this. A minister nevertheless stated in Parliament: "the Crown's prerogative powers to make ex gratia payments have long been acknowledged, and this town is a deserving case." She added that the scheme would probably be reviewed after eight weeks. Within two weeks of the ministerial announcement the evidence revealed that the scale of the damage is such that the scheme would be highly burdensome for the taxpayer. Upon being advised that this was so, the minister revoked BERS with immediate effect. When challenged in Parliament about this reversal of policy she responded that individuals have a responsibility to purchase appropriate insurance cover and, as she put it, "the government cannot accept an unlimited liability to bale out the reckless few who fail to look after themselves". Jocasta's residence, which was inundated for two weeks, was not insured against flood damage.

  • Word count: 2536
  • Level: University Degree
  • Subject: Law
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