Constitutional law Why are some Human Rights absolute rights
First Essay Choose one of the following titles. Essays should be readably spaced and in size 12 font, stapled at the top left, with no folders or covers. Sources must be attributed and a bibliography given at the end. As a general rule, all sources in the bibliography should be clearly referred to in the essay at least once. The word limit is 2 000 words, excluding footnotes and bibliography. Wikipedia must not be cited as a source. * Why are some Human Rights absolute rights? Human rights are rights and freedoms that belong to all individuals regardless of their nationality and citizenship. They are fundamentally important in maintaining a fair and civilised society. As defined, the absolute rights of a person may be reduced to three principal or primary articles: The right of personal security, which consists in a persons legal and uninterrupted enjoyment of her life, her limbs, her body, her health, and her reputation; The right of personal liberty, which consists in the power of locomotion, of changing situation, or removing ones person to whatsoever place ones inclination may direct, without any restraint, unless by due course of law; The right of property, which consists in the free use, enjoyment, and disposal of all her acquisitions, without any control or diminution, save only by the laws of the land. Philosophers used to speak of natural rights, to
What is the rule of law? Critically assess the extent to which the United Kingdom upholds the rule of law.
What is the rule of law? Critically assess the extent to which the United Kingdom upholds the rule of law. The rule of law can be defined in a variety of ways. The majority believe that the rule of law refers to equality; that everyone is to be treated equally under the law and that no one is above the law, regardless of position in society. Therefore the law applies to everyone without exception, and that includes the Monarch and Parliament. The difference between "rule by law" and "rule of law" is vital. Under the rule "by" law, law is an instrument of the government, and the government is above the law. In contrast, under the rule "of" law, no one is above the law, not even the government. Another view of the rule of law is in its moral philosophical context. To ask whether the rule of law is morally good, and does it meet the criteria to say that it is morally good, or does it mask a variety of actions that do not meet these moral standards. Lastly, the rule of law can be seen in a political sense, that government shall be ruled by the law and subject to it, not only to be accountable for its actions, but to also ensure that these actions are legal. The rule of law is not just a principle but actually controls some of today's society such as its imperative use in the courts. The first definition of the rule of law that is given is the one I intent to discuss and
![Stare Decisis. Professor Sir Rupert Cross identified three fundamental principles of the doctrine of stare decisis[1] which is all courts must consider relevant case law, lower courts must follow the decisions of courts above them in the hierarchy; appell](https://mbt-essays-prod-public.s3.eu-west-1.amazonaws.com/909774/listing/909774_1.jpg)
Stare Decisis. Professor Sir Rupert Cross identified three fundamental principles of the doctrine of stare decisis[1] which is all courts must consider relevant case law, lower courts must follow the decisions of courts above them in the hierarchy; appell
The doctrine of binding precedent is often known as the doctrine of stare decisis, or to give it its full title stare rationibus decidendis, that is, ""keep to the decisions of past cases"". Professor Sir Rupert Cross identified three fundamental principles of the doctrine of stare decisis1 which is all courts must consider relevant case law, lower courts must follow the decisions of courts above them in the hierarchy; appellate courts are generally bound by their own decisions. The reasoning behind this doctrine is that experience is the best teacher and that a system of precedent is the best way of ensuring consistency in judicial decision-making. In Latin, the principle is called stare decisis which if it was literally translated would mean "stand by things decided."2 Stare decisis has come to us as the most sacred rule of law where it is said that the judge has to apply the law as it is presented to his trough the previous decisions of the court and also it is not the judges function to make or remake the law rather it is the function of the legislature. As the view given by Wikipedia3 explains that stare decisis is the legal principles where the judges are made to follow the precedents that has been made in previous cases where this site continued saying that in the United States which uses the common law system in their Federal courts and in most of their state courts
Company Law and Insolvency
Contents . Synopsis 2. Overview of limited liability 2.1. Historical background of limited liability 2.2. A glimpse of EC law and UK insolvency law 2.3. Digress: a brief note of economic and social justification and criticism 3. Arguments for and against limited liability - a legal perspective 3.1 Arguments under company law 3.1.1. Foundational issues - the nature of legal personality and lifting the veil of incorporation 3.1.2. Constitutional issues - the ultra vires doctrine and Turquand's rule 3.1.3. Constitutional issues - Directors' duties and the protection of minority shareholders 3.1.4. Constitutional issues - corporate governance 3.2 Arguments under insolvency law 4. Summary __________________________________________ . Synopsis The question requires a critical discussion in light of recent corporate failures of the statement by Michael Schluter1, whereby he asserts if the legal institution of limited liability is morally wrong, it will be worth our while to modify or even remove it completely2. The question also asks the extent I agree with the statement that limited liability should be modified and/or abolished. It is proposed to structure the discussion as noted in the contents above in order to enumerate and discuss the main legal reasons for/against the limited liability concluding with a summary of the critical points at the end of the
Critically assess the UK(TM)s attempts to curb money laundering.
FINANCIAL CRIME - LAWPL3128 "Money laundering is regarded as the world's third-largest industry after international oil trade and foreign exchange... The UK has adopted different strategies in the fight against money laundering in the last two decades" (Mei Leong AV (2007), 'Anti Money Laundering Measures in the United Kingdom: A Review of Recent Legislation and FSA's Risk Based Approach', Company Lawyer, 28(2), pp35-42) Critically assess the UK's attempts to curb money laundering. Money Laundering (ML) is easier to describe than define1 but could be described as the process by which the proceeds of crime or criminal conduct are disguised or concealed so that they appear to from a legitimate source.2 It is said that criminals in America at one time channelled the cash proceeds of crime through launderettes to enable the cash to be presented as legitimate business takings, hence the term 'Money Laundering'. Essentially, the acquisition, use, possession, disguise, concealment, conversion, transfer or removal of the benefit of any criminal conduct can be ML, often referred to as 'dirty money'. Even an attempt to do any of these, or incitement of another person to do them, can constitute a ML offence. In the past, the term ML was applied only to financial transactions related to organised crime. Today its definition is often expanded by government regulators such as the
It Law cyber Bulleying
Information Technology Law XLL06-6 2007-2008 Portfolio 1 What is cyber bullying? To what extent is cyber bullying more imagined than real? How can it be controlled? This Portfolio is based on the evolution of the cyber world along with its evils. Here it will be discussed the impact of the cyber world in the real life. As the assignment progress it will be explained how they are related to each other and how are they dependent on one another. Email, www, dot.com , websites , love and dating has become a common stuff today on the internet. Businesses, relationship, crime, human interaction and above all the different behaviour makes this internet a digital world which could be considered as the cyber space. Cyber space in cyber age has cyber evils such as cyber bullying. Cyber bullying (also spelled Cyber-bullying, Cyber bullying or online bullying) is the term used to refer to bullying and harassment by use of electronic devices though means of e-mail, instant messaging, text messages, blogs, mobile phones, pagers, and websites. Cyber bullying: (aka e-Bullying) Occurs when a child, preteen or teen is tormented, threatened, harassed, humiliated, embarrassed or otherwise targeted by another child, preteen or teen using technology-based forms of communication such as e-mail, instant messaging, text messaging, the social networks1. Cyber bullying is new and growing form of
Displaced People
Anna Ruybal Professor Dallas Blaney POLS 101 Homelessness In Fort Collins November 11, 2010 Displaced People At any given time today in America, there are about half a million people who are "homeless" -- they don't have a "permanent, safe, decent, affordable place to live." Around the world there are about 100 million homeless people, and many of them are women and children. -- Robert Alan Homelessness is a growing problem in Fort Collins, though, it is not as apparent to some as it is to others, it still exists. Something needs to be done to help these homeless people out, but there is a problem that stands in the way. Who is to handle the homeless problem? What is the appropriate role of the government to solve the problem? Should the government have total control of the situation, or should it step back completely, and not be a factor at all in the solution? When the old African proverb says, "It takes a whole village. . ." it's not too far off the mark. To solve the problem, and to help these homeless people, there needs to be a community of people and agencies in cooperation with one another, including the government, dedicated to the cause. To understand the homeless, we first need to know what homelessness is. According to the New Oxford American Dictionary (2009), the definition of homeless is "without a home, and therefore typically living on the
If the public interest immunity was originally confined to such high affairs of state, it is certain that it is no longer so confined, and lesser areas of public interest have been identified, some of which must give way to the public interes
EVIDENCE- LAWCL3077 Question 2: "If the public interest immunity was originally confined to such high affairs of state, it is certain that it is no longer so confined, and lesser areas of public interest have been identified, some of which must give way to the public interest in the administration of justice which requires disclosure." (Murphy, P (2005), Murphy On Evidence, Oxford University Press at page 409) Critically assess the above assertion by reference to decided cases. A party to litigation has an obvious interest in the admission of any item of evidence, which supports his/her own case or defeats that of his/her opponent. Such an interest coincides with a public interest that justice should be done between litigants by the reception of all relevant evidence.1 The public interest in efficient and fair trials may also be seen as underlying the rules of disclosure in civil litigation, whereby a litigant is obliged to make pre-trial disclosure of, inter alia, the documents on which s/he relies and the documents which adversely affect, or support, another party's case, even though such documents may not be admissible evidence at the trial.2 There is also a public interest, however, in enabling material to be withheld where its disclosure would harm the nation or the public service. Where these two kinds of public interest clash and the latter prevails over the
Is rape a feminist issue
. Is rape a feminist issue? According to Christianity, sexual union is God-ordained and God-given having multifaceted biblical purposes; procreation (Gen. 1:28), intimacy (Song 1:13), comfort (Song 3:1), and physical pleasure (Song 1:3). Law follows the same path of morality by chastising rape, which has taken the form of the deviant act of coercing one party into sexual activity by another. This paper acknowledges the presence of male-rape (although not legally) and the different factors for causing rape, but it highlights that the majority of victims to be female- 98% of sexual offenders found guilty are male (Crime in England and Wales:2002/03). Boseley (2005:33) claims that 'one in three women around the world is likely to suffer physical, sexual or other abuse in her lifetime, usually at the hands of a family member or someone she knows'. Therefore, while rape is a subject of concern for the entire society, feminists alone experience the responsibility of presenting the issue of subordinated women in the limelight. Sigmund Freud considered that everyone is born with the potential to be a criminal in that the basic instincts, if uncontrolled, will lead to anti-social behaviour. Smart (1976) referred to 'the naïve belief that femininity is the antithesis of criminality'. Hence rape can be a gender neutral crime. Justice Byon White's definition of rape in Florida Star
COPYRIGHTS FOR TELEVISION FORMATS
Copyright Law Level 3 LLB LAW Student ID: 33165044 Year: 2007/08 Word count: 4121 I certify that this is my own work. The work has not in whole or in part, been presented elsewhere for assessment. Where material has been used from other sources it has been properly acknowledged. If this statement is untrue I acknowledge that I will have committed an assessment offence. I also certify that I have taken a copy of this assignment, which I will retain until after the Board of Examiners has published results and which I will make available on request. QUESTION 2 "Petersen J, giving judgement in 1916, determined that copyright was concerned with protecting the 'expression of thought' and not the 'originality of ideas'. Copyright does not require that an expression must be original - just that it is not copied from another work. This has led to a particular problem with television programme formats in United Kingdom law where there seems to be no protection in law of the basic idea in a format despite the fact that there is a growing business licensing these very format 'rights', however unique and original."1 What is to be considered in my work is the tendency of the courts and the copyright law systems of not providing protection to 'general ideas' of works, focusing on the works of television (TV) formats. An examination of what is the 'idea vs. expression dichotomy'