Explain and critically evaluate the role of courts in interpreting the Basic Law of the Hong Kong SAR since 1997.
Explain and critically evaluate the role of courts in interpreting the Basic Law of the Hong Kong SAR since 1997. The Basic Law is a detailed document providing a normative guidance on many aspects with the intention of the National People's Congress (NPC) that it can act as a self-contained constitution of the region. Being a national law of the NPC as well as a constitution of the HKSAR, it is different in fundamental respects from other statutes enacted by the NPC as well as from the People Republic of China (RPC) Constitution. It marks a distinct relationship between the HKSAR and the Central Authorities, confers on the region a wide degree of autonomy that no other part of China can enjoy. However, the Basic Law itself is tainted with vague and obscure language, for example, the demarcation of powers between the Central Authorities and the HKSAR is imprecise; the normative provisions limiting the competence of the legislature and the executive are frequently vaguely worded. Constitutional interpretation of the Basic Law hence plays a key role in maintaining the boundaries between the economic, political and social systems of the HKSAR and the rest of China, as well as explicating the reach and parameters of the Basic Law itself. The Interpretation Powers of the HKSAR Courts: A View on Article 158 The underlying authority and principle of Basic Law interpretation is
Family Law in Australia. The legal system has changed dramatically in the last century or so, and has been forced to address certain issues regarding Family Law; such as the recognition of same-sex relationships and the issue of surrogacy and birth techno
The Family Law Act 1975 (Cth) defines a family as "the natural and fundamental group unit of society, particularly while it is responsible for the care and education of dependent children." This already makes it clear that the primary motive for intervention by the law in a family relationship would be the protection of dependent children. Different features of family law are addressed in different ways by the legal system which provides different responses and values for certain areas of family law. The legal system has changed dramatically in the last century or so, and has been forced to address certain issues regarding Family Law; such as the recognition of same-sex relationships and the issue of surrogacy and birth technologies. The legal system continuously endeavours and reforms to provide effective legislative remedies and modify existing remedies to befit the needs of individuals within families. Family law has always been a colossal aspect of Australian society with many effective measures in place for family matters. Numerous values and their effectiveness have been debated through various features of family law, and these debates continue to the present day. Same-sex relationships have been a historical controversy. In Hyde v Hyde and Woodmansee 1866 it defines marriage as, "the union of a man and a woman voluntarily entered into for life to the exclusion of all
Employment Law Case. The article relates the prosecution of Vincenzo Todaro, owner and manager of Venezia restaurant in Perth, who has been involved in the underpayment of two of his employees (MacDonald 2012).
Assignment one attachment form When submitting your assignment it must be accompanied by this Assignment Attachment Form. Please make sure that you complete all of the details correctly. . Provide all details requested on this form. 2. Use one form for each assignment. Given name GAIA PAOLA Surname MANGANELLI Student number 15293895 Email [email protected] Unit name Business Law 100 Unit code 11011 Assignment title ASSIGNMENT ONE Date submitted 16 MARCH 2012 Student’s comment to tutor Marker’s comments Recorded mark Marker Comments MEDIA REPORT ANALYSIS Word count: 1,668 . Identify aspects of your chosen media report that relate to the law The article relates the prosecution of Vincenzo Todaro, owner and manager of Venezia restaurant in Perth, who has been involved in the underpayment of two of his employees (MacDonald 2012). . Contract law The article presents many aspects, which can be related to contract laws matters. Contract laws concern particularly the creation of private agreements, such as the contract of employment (Lambiris 2011, 10). In the case, it’s supposed that there was an agreement between the employees and the company VST Pty Ltd, of whom Mr. Todaro was a shareholder and director. The supposed agreement implicated the Chinese couple worked as cook and kitchen hand in the restaurant in exchange of salaries.
Sentencing Juveniles. The risk assessment system would identify several risk factors that are common between juveniles. This system would go through a list and see if the juvenile would fit in for a secure facility
Secure facilities in my opinion are for serious, violent and chronic juvenile offenders, because they tend to emphasize physical security measures. Higher levels of security are required because of the special characteristics of this population, including a propensity to violence, prior offense history, greater gang involvement, and involvement with the adult corrections system. One main goal would be risk assessment. The risk assessment system would identify several risk factors that are common between juveniles. This system would go through a list and see if the juvenile would fit in for a secure facility. This first list would identify several risk factors. These factors include: 1. severity of the crime (rape, murder, aggravated assault, or weapon used), 2. severity of their most recent offense (weapon or force used), and 3. the number of offenses they committed (3 or more). I view these factors as the most important indicators for the need of secure placement. Also, there would be another list for risk factors that would explain their most recent offenses and behavior. I would call this step list two. This second list would include: 4. age at first adjudication, 5. prior out-of-home placements, 6. prior supervision behavior, prior escapes or runaways, 7. has juvenile received mental health help or substance abuse care (Taylor, 2011). This second list would be weighed
Lochner era. West Coast Hotel is notable because it effectively ended the Courts Lochner era of jurisprudence. The Lochner era began with its namesake, the Supreme Court case of Lochner v. New York, which established that a New York maximum hours
Lochner In 1937, the Supreme Court of the United States handed down the landmark decision of West Coast Hotel v. Parrish. This case held that a Washington state minimum-wage law was constitutional. West Coast Hotel is notable because it effectively ended the Court's Lochner era of jurisprudence. The Lochner era began with its namesake, the Supreme Court case of Lochner v. New York, which established that a New York maximum hours law violated liberty of contract, an implied right under the due process clause of the 14th Amendment to the Constitution. The Lochner decision espoused a laissez-faire economic model, which favored little or no government regulation of the economy and workplace. The Lochner era lasted from 1905 until 1937. While the Court eventually did begin to uphold labor laws if they demonstrated a legitimate health interest (generally in the case of women), most government regulation was struck down. This was especially problematic to the administration of President Franklin Delano Roosevelt, which sought to enact vast economic reform and regulation with New Deal legislation. The shift from the Lochner era seemed to be quite rapid. The conservative bloc of the Court, nicknamed the "Four Horsemen", was often joined by a moderate, Justice Owen Roberts, in order to strike down New Deal legislation. However, just after Roosevelt proposed his infamous "court-packing
The applicability of the Placaeten (passed by the Estates of Holland on 26 September 1658 and re-enacted thereafter on 24 February 1696) to rural tenements, or to both rural and urban tenements has long been a contentious and controversial issue in South
PLACAETEN: DOES IT EXTEND TO URBAN PROPERTY? 1. TABLE OF CONTENTS . Introduction 2 2. Historical background and development 2 3. Application in South African case law 3 4. Current position 8 5. Academic view 9 6. Conclusion 10 7. Bibliography 11 2. . INTRODUCTION The applicability of the Placaeten (passed by the Estates of Holland on 26 September 1658 and re-enacted thereafter on 24 February 1696) to rural tenements, or to both rural and urban tenements has long been a contentious and controversial issue in South African law. It is a question that has enjoyed much attention and deliberation by both our courts and academic writers alike. If the Placaeten is to be applied correctly in our law and if the correct interpretation is to be followed, the historical development and reception thereof into South African law need to be understood, and a thorough understanding of the nature and application of the Placaeten in our law need to be sought. 2. HISTORICAL BACKGROUND AND DEVELOPMENT Before the introduction of the Placaeten in 1658, the prevailing Roman Dutch law determined the legal position of the lessee when it came to his/her rights with regards to removal of or compensation for improvements made to the property of the lessor. Roman Dutch law determined that the lessee is entitled to remove useful and
Indian Law. The Legality of In Camera Trials
Research Paper – Criminal Procedure Code Legality of in camera trial [with a reference to the media] Millo Dinsung 3rd year, B.A, L.L.B. [Hons.] Id no: 1500 Submitted on: 9 September 2010. ________________ TABLE OF CONTENTS TABLE OF CONTENTS TABLE OF CASES INTRODUCTION RESEARCH METHODOLOGY CHAPTER 1- OPEN COURT CHAPTER 2- AN EXCEPTION AND ITS JUSTIFICATION CHAPTER 3- MEDIA’S RIGHT TO SPEECH v. RIGHT TO PRIVACY CHAPTER 4- CASES WHERE APPLICABLE CHAPTER 5- POSSIBLE SOLUTIONS AND ANSWERS CONCLUSION BIBLIOGRAPHY ________________ TABLE OF CASES . Chhatisgarh Mukti Morch v. State of M.P, 1996 Cri LJ 3239 (MP). 2. Dhananjoy Chatterjee v. State of West Bengal, (2004) 9 SCC 751. 3. K.M. Nanavati v. State of Maharashtra, 1962 SCR Supl. (1) 567. 4. Kartar Singh v. State of Punjab, (1994) 3 SCC 569. 5. Kehar Singh v. State (Delhi Admn.), 1988 (3) SCC 609. 6. Labour Liberation Front v. State of Andhra Pradesh, 2005 3 ALD (W.P. No. 23220/2004). 7. Maneka Sanjay Gandhi v. Rani Jethmalani, (1979) 4 SCC 167. 8. Naresh Shridhar Mirajkar v. State of Maharashtra, AIR 1967 SC 1. 9. State of Pubjab v. Gurmit, (1996) 2 SCC 384. ________________ INTRODUCTION “Victims should be treated with compassion and respect for their dignity. They are entitled to
Australian Corporation Law Case.It is necessary to determine that whether Finance Pty Ltd is a separate legal entity or not in this case
Introduction: Recently, there are some problems with the current mining project in Pilbara which is undertaken by Iron Ore Ltd and funded by its subsidiary company called Finance Pty Ltd. Therefore, the directors of Iron Ore Ltd decided to close down that Pilbara project. So Finance Pty Ltd wrote off the loan to Iron Ore Ltd as a bad debt and claimed a tax deduction for the debt. Nevertheless, the Commissioner of Taxation considered the Finance Pty Ltd was a mere appendage to Iron Ore Ltd and disallowed the deduction for the bad debt. Initially, the discussion will focus on whether the Finance Pty Ltd is a separate legal entity. Secondly, in order to advise the directors of Finance Pty Ltd it is necessary to analyze the company structure of Finance Pty Ltd and Iron Ore Ltd. Finally, the corporate groups and agency relationship should be discussed between the Finance Pty Ltd and Iron Ore Ltd. Separate legal entity It is necessary to determine that whether Finance Pty Ltd is a separate legal entity or not in this case. These two companies were built up under the corporate law in Australia. From 1897, The Salomon’s Case[1] was authority for the legal principle that an incorporated company is a separate legal entity from its founder, shareholders, directors and agents. The court in this case held that the company is legally incorporated it must be treated like any other
Discussion of two articles concerning Australian anti-terrorist surveillance laws.
Law Foundations Assignment Since 9/11/2001, terror attacks, the approach to global threats has significantly transformed, from a once passive response based on race/land/power, to a pre-emptive approach based on disproportionate powers within different government bodies, with an apparent goal of upholding democratic rights and security (Head & Man, 2009). The extracts provided, offer different perspectives on the threat of terrorism, and whether the implementation of surveillance laws are indeed indispensable to uphold the. Extract 1, which originates from Mike Head’s (2012) “ Australian government proposes sweeping Internet surveillance” suggests a contradiction to the proposition made by the labour government, and questions the extent the government is willing to declare these laws being implemented in the name of protecting national security. The second extract (2), from the Attorney-general’s department (2012) “ Equipping Australia against emerging and evolving threats” explains why such strict surveillance laws, due to (technology advancement/ terrorism threats), are dire to the protection and welfare of the Australian population. Both extracts have a purpose to convince the audience as to why surveillance laws are a breach of power, privacy and control, or required for our own security. Throughout extract 1, Mike Head (2012) presents the idea that the
The Execution of Wanda Jean. Wanda Jean Allens mental defects, which included frontal lobe brain damage and mental retardation, were never discussed nor considered in her criminal murder trial of 1989.
The Execution of Wanda Jean The substantial capacity test states that “a person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality (wrongfulness) of his conduct or to conform his conduct to the requirement of law.”[1] Wanda Jean Allen’s mental defects, which included frontal lobe brain damage and mental retardation, were never discussed nor considered in her criminal murder trial of 1989. Guilt or innocence aside, Wanda Jean Allen was not granted due process of law. Wanda Jean shot and killed her girlfriend in 1988. She was subsequently convicted of first-degree murder and sentenced to death in 1989. Wanda Jean's access to judicial procedure was not applied fairly. To begin, Allen had many factors working against her: poverty-stricken, little access to education, black, lesbian, and a resident of Oklahoma. Oklahoma, located right smack in the center of the Bible Belt, "hated homosexuality."[2] Because Wanda Jean was considered to be "living in sin"[3], the jury that sentenced her to death likely placed very little value on her life. The law is influenced by social conditions and societal ideas. Wanda Jean's jury was anything but impartial: the all-white, Bible Belt Southerners, likely failed to relate to the black, lesbian,