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 This paper will argue that in this arena, courts have been superseded by the Administrative Appeals Tribunal (and similar state adoptions) and whilst they primarily started out as a much needed adjunct to a flailing judicial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
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
19th Century Literature and Jurisprudential Implications. Victorian Legislation on Wife-Beating and Anne Bronte's "The Tenant of Wildfell Hall".
Before exploring the legal and jurisprudential influence 19th Century feminist novels, it is important to illustrate the extraordinarily extreme conditions that were placed upon the wife in Victorian England. Of course to assume violence was a frequent occurrence throughout England would be false, however such instances were anything but a rarity. From Frances Power Cobbe's famous essay 'Wife Torture in England' comes this emphatically graphic depiction demonstrating the sickening situation; 'John Harris, a shoemaker, at Sheffield, found his wife and children in bed; dragged her out, and after vainly attempting to force her into the oven, tore off her night-dress and turned her round before the fire "like a piece of beef", while the children stood on the stairs listening to their mother's agonized screams.'1 Victorian men beat their wives, and they did so, because the law let them, and this was the case until June 1853, 'an act was passed... entitled "An Act for the Better Prevention and Punishment for Aggravated Assaults upon Women and Children; and for Preventing Delay and Expense in the Administration of the Criminal Law"2. But how far was such a push influenced by literature? This essay will focus upon Anne Bronte's second and final book, The Tenant of Wildfell Hall. The Tenant was written in and around the similar time period that Anne's sisters' wrote Jane Eyre and
"Perspective of Alternate Dispute Resolution"
Perspective of Alternate Dispute Resolution (Term Paper towards partial fulfillment of the assessment in the subject of Arbitration and Alternative Dispute Resolution) Submitted by: Submitted to: Abhishek Kodap (349) Dr. Swati Mehta Yudhister Meena (398) Faculty of Law IXth Semester National Law University, Jodhpur Summer Session (July - November 2009) ACKNOWLEDGMENTS We take this opportunity to express our gratitude and personal regards to Dr. Swati Mehta, for making this research possible. Her support, guidance and advice throughout the research project are greatly appreciated. We would like to thank our parents, for encouraging throughout our all semesters and for bringing us into such a position to undertake such a term-paper. Our friends, for encouraging us to work hard and extending their kind support. Also we are thankful to all those people who helped us in preparing this project. Yours Sincerely Abhishek Kodap Yudhister Meena Table Of Contents s.no. Pg. no Chapter 1 Introduction 4 2 Chapter 2 Alternate Dispute Resolution at National level 6 3 Chapter 3 Legislative efforts towards ADR in India 7 4 Chapter 4 Judicial efforts towards ADR in India 9 5 Chapter 5 ADR at
WOMEN ~ VICTIMS OF SEXUAL ASSAULT AND SOCIETYS PREJUDICES
WOMEN ~ VICTIMS OF SEXUAL ASSAULT AND SOCIETY'S PREJUDICES 'It is little wonder that rape is one of the least-reported crimes. Perhaps it is the only crime in which the victim becomes the accused...'1 . INTRODUCTION The trauma caused by the victimization of women throughout history has been largely ignored, with many of the ignorant attitudes persisting even today. This is especially true for crimes of sexual assault against adult women.2 They are unique victims of crime because of the almost insurmountable issues they are faced with.3 The act of sexual assault violates their physical and psychological being and is truly a gender based crime that can have not only severe long term health and reproductive consequences, but cultural and religious ones as well.4 They also have to deal with the prejudices of a male dominated society that to a large extent, still believes the many ignorant myths surrounding the crime of sexual assault.5 The past two decades has seen an emergence of greater understanding on the impacts of victim crime, with considerable work being done in the area of victimology. Changing centuries of prejudice against women is a challenging task with many barriers to overcome, one of the greatest being the criminal justice system.6 This essay will explore how victims of sexual assault are treated by society and the common cultural myths surrounding
"A pupil(TM)s disciplinary exclusion from school amounts to a clear denial of the child(TM)s right to education. Discuss.
"A pupil's disciplinary exclusion from school amounts to a clear denial of the child's right to education." Discuss. The right to education has been recognised and established in both international and domestic law. Exclusion is a contentious issue as it can endanger and disrupt this fundamental right for the often very vulnerable and troubled child. However, in considering whether exclusion leads to a true denial of that child's right to education we must examine both the process of exclusion and the provision of education provided to children following exclusion. We must also consider the extent to which allowing a disruptive child to remain in the classroom might infringe upon the right to education held by all other pupils. Essentially there is often a conflict of rights and interests in exclusion cases; an appropriate balance must be struck between them. This essay will establish the source of the right to education and consider its strength in UK law. The provision of education for excluded children will then be examined, with a focus on the exclusion process and alternative provision. I will consider whether the right to education can actually be said to be infringed by exclusion, and if it can be, whether such infringement is a necessary measure in protecting the rights of others. A Right to Education: Education has been recognised as a basic human right in
Christianity and English law
Introduction In today's society, the idea of religious doctrine being married to or forming the basis of a legal system is a difficult one to advocate to legislators or to those in the legal profession. However, historically English common law owes much of its development to Judaeo-Christian influences. In this essay, I will examine the role as well as the symbols and images of Christian theology in the English common law in order to assess the importance of Judaeo-Christian theology in the development of English common lawyer and the secular legal profession. Influence of Judaeo-Christian Theology on the Common law The Henrician Reformation prohibited the teaching of Canon law in England and prompted the rise of the secular legal system in England. However the strong influence of Judaeo-Christian theology is evident in English law, as it inherited much of the jurisdiction of ecclesiastic courts and the traditions and laws of the Roman Catholic Church.1 Moreover with the Act of Supremacy2 the merging of the authority of the crown and the church led to the common law absorbing much of what used to be the ecclesiastical courts' jurisdiction and the inheritance of the customs and traditions of the Roman church.3 Additionally, as Raffield highlights many eminent prelates remained as members to the Inns of Court.4 One particular reason that Judaeo-Christian theology was
Critical context
Would the children of Marsh Down School and/or their parents have a claim in tort if the events at the disco had resulted in serious injury? If so against whom could a claim be made? The scenario involves a disco at Marsh Down. An invitation was sent out to the public. Three village boys arrive at the school, subsequently, a fight breaks out and a few people are injured, however, none of the students are. The question asks whether the children/parents of Marsh Down would have a claim in tort if the children had sustained any injuries and whom the claim would be made against. Tort is a civil wrong as opposed to a criminal wrong; it gives rise to a lawsuit. There are different kinds of Tort. There is tort of nuisance; trespass; deformation; negligence and occupier's liability. The question at hand is mainly concerned with negligence, however, the tort of occupier's liability will be explored briefly as it could be of some importance to the question. Negligence is a tort consisting of the breach of a duty care resulting in damage to the claimant. In order for the tort to be committed the following must be established: existence of a duty to care towards the plaintiff (P); which has been breached by the defendant (D); causing damage to the (P). a. In this scenario the plaintiff (hereafter P) would be the children of Marsh Down, to establish duty of care the three stage
Qualification For Jury Service
The Function of the Jury The jury has to weigh up the evidence and decide what are the true facts of the case, i.e. what actually happened. The judge directs them as to what is the relevant law, and the jury then have to apply the law to the facts that they have found and thereby reach a verdict. Jury service is compulsory. QUALIFICATION FOR JURY SERVICE: - Home Office research in 1999 found that only 1 of 3 people summoned for jury service actually turned up to do it. Forty percent (40%) were excused for personal reasons - work, holidays, exams, medical etc. Many believe that potential jurors easily escape their duty for no valid reason, as the courts do not have the resources to check every application to be excused. ELIGIBILITY To be eligible to serve on a jury you must be on the electoral register, aged between 18 years and 70 years. Selection is made by random numbers on a computer. In 2001, a Central Juror Summoning Bureau was established to administer the juror summoning process for the whole country. There are categories of people, who cannot serve on a jury and are therefore ineligible, E.g. judges, magistrates, lawyers, police, prison warders and others connected with the administration of justice; the clergy, the mentally ill. EXCUSED Other categories are eligible but in practice are automatically excused: members of the Armed Forces, MP's, peers of the
BANKING LAW ASSIGNMENT
BANKING LAW ASSIGNMENT Absa Banking Services is a registered bank in South Africa. They wish to expand into the Gambia banking industry. Therefore they wish to make enquires on the state of the law with regard to the following:- a) the level and modalities for the supervision and examination of banks in The Gambia; b) the prohibition and limitations placed on the operators; c) the level of information to be divulge by a bank during operations; d) the duty of cares of Directors and Officers of a bank ;and e) the process involved in the liquidation of a bank. Date: May 2010 INTRODUCTION The Central Bank of The Gambia (CBG) was established in 1971 when it took over the assets of the then Gambia Currency Board. The legal frame work with which banks operate in The Gambia is embedded in two principal statutes (i) The Banking Act 2009 which repealed the Financial Institution 2003. (ii) The Central Bank Act 2005. The legal mandate of the Central bank is derived from the CBG Act 2005. According to the Act, the primary objects of the Central Bank are to: * Achieve and maintain price stability. * Promote and maintain the stability of the currency of The Gambia * Direct and regulate the financial, insurance, banking and currency system in the interest of the economic development of The Gambia. * Encourage and promote sustainable economic development and the * efficient