To what extent does Dicey's model of the Rule of Law reflect current practice in the United Kingdom constitution?

To what extent does Dicey's model of the Rule of Law reflect current practice in the United Kingdom constitution? The Rule of Law A.V. Dicey is credited by some with coining the phrase "the Rule of Law", although this is a matter of dispute . Dicey was very specific in stating what he meant by the rule of law, espoused in The Law of the Constitution. Dicey stated that the rule of law comprises three elements. In the first place, according to Dicey, it meant that no one should be punished except for a distinct breach of the law as established in an ordinary legal manner before the ordinary courts of the land. The natural consequence of such an element in Dicey's opinion would be the absence of arbitrary, discretionary or prerogative powers of restraint vested in the executive. In other words, the rule of law reflected the hegemony of regular law above arbitrary power. Secondly, according to Dicey's theory, no man should be above the law and, indeed, every man should be subject to the ordinary law of the ordinary tribunals. Therefore, according to Dicey's principle, the rule of law applied equally to the prime minister and government ministers as to citizens. In other words it sought to ensure equality before the law. Thirdly, Dicey argued that constitutional principles in the United Kingdom, such as the right to personal liberty, resulted from judicial decisions rather

  • Word count: 1554
  • Level: University Degree
  • Subject: Law
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a) Does the United Kingdom have a "constitution"?

a) Does the United Kingdom have a "constitution"? b) Would good government in the United Kingdom be improved if a legally enforceable written constitution was introduced? The United Kingdom has what many would describe as an "unwritten constitution" whereby there is no specific constitutional doctrine or document in place but instead a culmination of statutes, court judgements and other legal decisions and precedents. The nature and idea of a constitution has proved difficult to define simply, and has led to many definitions being formed by legal professionals, commentators and judges alike. According to The Oxford Law Dictionary a constitution is defined as followed: "The rules and practices that determine the composition and functions of the organs of central and local government in a state and regulate the relationship between the individual and the state" 1 In essence it would be safe to assume that the idea behind a constitution is to protect the rights of the individual or the citizenry of a state although it is virtually impossible to give a palpable definition for what a constitution is due to many conflicting opinions and views within the legal system. It is therefore necessary to attempt to define the other parameters which are included in said definition, such as a 'state.' This again like defining constitution has proved difficult but Max Weber a German

  • Word count: 1849
  • Level: University Degree
  • Subject: Law
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Peaceful Settlement of International Disputes

Running Head: PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES Peaceful Settlement of International Disputes [Name of the writer] [Name of the institution] Peaceful Settlement of International Disputes Thi? p?p?r id?ntifi?? v?ri?u? duti?? ?f c??p?r?ti?n b?th in p?litic?l ?nd l?g?l ??ttl?m?nt ?tr?t?gi??. ? g?n?r?l, cu?t?m?ry l?w-b???d duty ?f c??p?r?ti?n with ? vi?w t? ??ttl?m?nt, c?mpri?ing ? duty t? n?g?ti?t?, i? inh?r?nt in th? ?blig?ti?n t? ??ttl? di?put?? p??c?fully. ?n th? ?th?r h?nd, ? g?n?r?l 'p?litic?l ?xh?u?ti?n d?ctrin?' d??? n?t ?xi?t. In dipl?m?tic third p?rty-b???d ??ttl?m?nt, w? find ?p?cific, i.?. pr?c?dur?l, ?blig?ti?n? ?f c??p?r?ti?n. With r?g?rd t? ?djudic?ti?n, th? ?v?luti?n ?f tr??ty l?w h?? ???n th? c??p?r?ti?n?l ?ct ?f ?ubmi??i?n giv?n ?t ?n incr???ingly ??rly ?t?g?. Th? d?ctrin? ?f n?n-fru?tr?ti?n ?f ?djudic?ti?n functi?n? ?? ? c?r?ll?ry t? th? duti?? ?f c??p?r?ti?n. In int?rn?ti?n?l crimin?l ju?tic?, m?nif?ld duti?? ?f c??p?r?ti?n ?r? binding ?rg? ?mn?? p?rt??. Th? c??p?r?ti?n?l duti?? ?r? pl?c?d in th? c?nt?xt ?f tw? ?nt?g?ni?tic tr?nd? in di?put? ??ttl?m?nt. ?n? i? th? ri?? ?f ?djudic?ti?n which i? f?und, f?r in?t?nc?, in th? cr??ti?n ?f n?w c?urt?. ?n th? ?th?r h?nd, n?w ?nd v?ri?d p?litic?l m??n? ?r? r???rt?d t?, ?nd ju?tifi?d by n?v?l ?rgum?nt?, ?uch ?? ?lt?rn?tiv? di?put? r???luti?n (?DR). Th? int?rn?ti?n?l l?w ?f di?put? ??ttl?m?nt m?y b?

  • Word count: 10631
  • Level: University Degree
  • Subject: Law
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COURT REPORT

Legal Methods & Systems Assessed Coursework Court Report The courts of the United Kingdom are institutions which aim to deliver justice. Whether convicting someone for unlawful activity or resolving a civil dispute, the British legal system employs a variety of courts in its application of the law. For example, Magistrates courts have the jurisdiction to try minor offences whereas more serious offences are referred to the Crown courts. There are also appellate courts, which include the Court of Appeal and the Supreme Court; formally known as the House of Lords. In order to gain a better understanding of the workings of our legal system, I visited the Crown and County courts in Manchester. Courtroom activity can be witnessed from public galleries. This implementation is aimed at making the legal process open and transparent to the public. This is an obvious advantage of the legal system and should create greater trust between the population and the legal system under which they live. However, understandably there are exceptions to the open court principle, in particular when it comes to Youth or Family courts, which means some trails can be held privately. During my visits, there were both journalists and family members present at public galleries watching the court proceedings. On arrival at the courts, personal belongings are checked by security guards. Security checks

  • Word count: 2096
  • Level: University Degree
  • Subject: Law
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Unjust Enrichment

Introduction The restitutionary principle of free acceptance ("FA") was first introduced by Goff and Jones in their first edition of The Law of Restitution.1 Although this principle has been recognized in the English law of unjust enrichment,2 its existence and function remain controversial.3 In my essay I will critically assess the operation and roles of FA in the restitution of unjust enrichment, and conclude my essay with my stand that FA has a limited role in the English law of unjust enrichment. Free acceptance - its operation and roles explained A person can be liable to pay for services if he has "freely accepted" them. According to Goff and Jones FA arises where the defendant as a reasonable man, should have known that the claimant who rendered the services expected to be paid for them, and yet he did not take a reasonable opportunity open to him to reject the proffered services.4 More recently, Professor Birks has with added refinement, reiterated that FA occurs where a recipient knows that a benefit is being offered to him non-gratuitously and he, having the opportunity to reject, elects to accept.5 Virgo illustrated Goff and Jones and Birks' FA into a three-part test: (1) the defendant had the opportunity to reject the service or goods before it was provided; (2) the defendant knew that the claimant expected something in return for the benefit; and

  • Word count: 4018
  • Level: University Degree
  • Subject: Law
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In Civilian systems the judge is simply the mouthpiece of the law

Jonathan Lowry, WLO tutorial group D Professor A. Lewis. World Legal Orders Essay 1. 'In Civilian systems the judge is simply the mouthpiece of the law'. Discuss. Civil and common law systems are divergent in many ways the predominant of which can bee seen as the development and sources of law. Whilst the common law derives its primary source of law from case law, legislation is seen as supreme in civil systems. This characteristic of the Civilian systems restricts the role of the judiciary in creating law and therefore leads to the view that judges are simply 'the mouthpiece of the law.' To evaluate how accurate this claim is one must analyse the effect of codification, the actual role that the courts play in discretion of legislation and the judicial process by which decisions are reached. We can draw the conclusion that in the civil law systems legislation is the primary source of law. Law is 'characteristically a body of rules enacted by the state, to be found in codes and...legislation.'1 This is clearly contrasted with the common law approach in that though legislation is seen as having the final authority, it has traditionally been accepted that the decision of the courts, or case law, forms the primary source of law. This difference has a direct effect in the approaches undertaken if the two legal systems in the interpretation of legislation. Whist the English

  • Word count: 1679
  • Level: University Degree
  • Subject: Law
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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

  • Word count: 3043
  • Level: University Degree
  • Subject: Law
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Finance and Investment law - Money laundering

Question A: Money laundering has become a huge setback and created a large problem throughout the world as it has developed enormously. An estimate of hundreds of billions of illegal dollars is being furnished into the world's economy world wide. Money laundering has devastating consequences; it can erode the integrity of financial institutions and also threaten a nation's very sovereignty. So what exactly is money laundering? It has been defined as: "The process by which criminals attempt to conceal the true origin and ownership of their criminal activities. If undertaken successfully it also allows them to maintain control over those proceeds and ultimately, to provide a legitimate cover for their source of income." Money laundering plays a fundamental role to those who are involved in criminal activities such as drug trafficking, terrorist activities, organised crime, trade fraud, tax evasion and human trafficking not to mention others as the list is endless. It is those that are involved in such illegal activities who need to avoid attention from authorities that sudden wealth brings them. This was the case previously were gangsters and the mafia groups from the USA were earning huge sums of cash from extortion, prostitution, gambling and bootleg liquor. The method of money laundering was used to conceal their dirty money, by purchasing legitimate businesses and mixing

  • Word count: 3513
  • Level: University Degree
  • Subject: Law
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Marx's views on the social function of religion

Week 1 Question 1 What does Marx think is the social function of religion? What function must a critique of religion ultimately serve? Anna Lewis Z3189819 Due: 2 April, 2009 Word Count: 1891 Marx never wrote from a theologian or religious theorist's point of view, he was a humanist with an ideology that explained the alienation of man. Marx evolved a philosophy, which fitted in with working class ideas and added to it a prophecy, which suited working class aspirations.1 Marx's philosophy on religion is neither complete nor comprehensive; however, this essay intends to provide a broad overview providing a synthesis of his key arguments and analysis of the strength and weaknesses of his viewpoint. This essay will firstly analyse the functions of religion as contemplated by Marx, specifically considering the proliferation and development of religion, the relief it offered, it use in maintaining the status quo, and ultimately with the development of communist society religion would 'wither away.' Further, the functions of a Marxist critique will be considered including feeing alienated man from the repression of religion, the fulfilment of Marx's prophecy, whether faith existed before alienation and finally the effect of restricting the philosophy to the Western European community. The Social Function of Religion Marx asserted that forms of faith such as religion were not

  • Word count: 2412
  • Level: University Degree
  • Subject: Law
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Law is manifestly a plurality of pluralities Discuss.

"Law is manifestly a plurality of pluralities" Fuzziness is often contested as disingenuous and meaningless in various postmodern topics, but this is not at all the case in legal field; though addressing the limitations of current law theories is prerequisite, the pluralist approach to law attempts to diagnose conflicts between the overlapping pluralities of social and legal fields; to recognise it's fuzziness, in order to find practical solutions to deal with such fuzzy situations, as Melissaris (2004: 76 in Menski 2006: 5) stated: The study of the legal must be directed towards the discovery of alternative perceptions of the world and justice and of different practices of solving practical problems by accommodating competing interests as well as meeting the prerequisites of substantive justice. The question of law and justice then becomes one concerning our whole way of life, how we perceive and place ourselves in our surroundings. Menski addresses the essential need for awareness of pluralising effects from globalisation, or 'glocalisation' (Robertson 1995), and that legal scholars should search for pluralistic definition for law, and to acquire a holistic view on law and justice in a global sense, in order to see the real bigger picture. As Menski (2006: 5) describes: Global migration patterns, old and new, and multiple exchanges between different states, economies,

  • Word count: 3516
  • Level: University Degree
  • Subject: Law
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