Property and Sovereignty.

PROPERTY 1 LENT TERM 2004 Property and Sovereignty A. THE EMERGENCE OF NATIVE TITLE Themes and Questions These lectures, and the accompanying seminars, focus on the question of indigenous title. In the common law world, claims to indigenous title have become especially prominent in North America and Australia, where Aboriginal peoples, or the `First Nations', have sought ownership of their ancestral lands. Substantively, these claims might be construed as demands for some measure of sovereignty or self-determination, but they take the form of claims to the ownership of land. As a result, the private law structure of rights in land has been exposed to a number of political questions about the justification of sovereign acquisition, and a set of theoretical questions about the nature of property. From our perspective, claims to indigenous title are to the point precisely because they expose a number of the hidden assumptions which structure commonsense ideas about ownership as much as developed doctrines of property law. We approach the question of indigenous title by reflecting on the form of 'native title' which was recognised by the High Court of Australia in Queensland v Mabo (No2) (1992). We set this contemporary discussion in relation to the conception of property that was developed by John Locke some three hundred years ago, and which is still the most influential

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At common law, the prosecution were generally prohibited from mentioning the accused's bad character or prior convictions.[1]

CHAPTER FIFTEEN BAD CHARACTER The Accused's Bad Character At common law, the prosecution were generally prohibited from mentioning the accused's bad character or prior convictions.1 It is undoubtedly not competent for the prosecution to adduce evidence tending to show that the accused has been guilty of criminal acts other than those covered by the indictment, for the purpose of leading to the conclusion that the accused is a person likely from his criminal conduct or character to have committed the offence for which he is being tried.2 The argument has always been that there is considerable risk that bad character is accorded much more weight than that relevance warrants. As such its prejudicial effect may well outweigh its probative value and the jury, with little experience in assessing such matters, should be prevented from hearing about previous convictions.3 That was supported when the Law Commission4 commissioned research which showed that knowledge of previous convictions may prejudice a jury or magistrates unfairly against the defendant. Mike Redmayne's study considered the usual justifications for the exclusionary rule, namely irrelevance or the disproportionate and prejudicial impact on the jury. The conclusion was after reviewing the psychological research on character and statistical data on recidivism, that those with previous convictions are much more

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Arrest under CrPC, India. To make sure that the power to arrest is not arbitrary exercised by the police officer Article 22 of the constitution of India and chapter V of criminal procedure code provides direction for safeguards against arbitrary arrest.

Table of Cases . Ajit v. State of Assam, 1976 Cri.L.J.1303 2. Amrik Singh v. State of Punjab 2000 Cri. L.J 4035 3. Anil Anantrao Lokhande v. The State of Maharashtra, 1981 Cri.L.J. 125. 4. Associated Provincial Picture House ltd. v. Wednusbury Corn, [1947] 2 AllER 680. 5. Beim v. Goyer, [1966] 4 C.C.C. 9. 6. Brijesh Kumar v. The State, 1996 Cri.L.J. 1536 (Allahabad). 7. C.C.Welfare Council of India v Government of Maharashtra 1995 Cri L.J 4223. 8. Challa Ramkonda Reddy v. State of A.P, AIR 1989 AP 235. 9. Chandrika Prassad v. Hiralal AIR 1924 Pat 312 . 0. Collector of Malabar and another v. Erimmal Ebrahim Hajee, AIR 1957 SC 688. 1. Delhi Judicial Service Association, Tis Hajari Court, Delhi v. State of Gujarat, AIR 1991 SC 2176. 2. Dilavar Hussain S/o Mohammadbhai Laliwala, etc., Appellants v. State of Gujarat and another, Respondents, AIR 1991 S.C 56 3. Directorate of Enforcement v. Deepak Mahajan, AIR 1994 SC 1775. 4. Dr. Ghanshyam Narayan Singh v. State of Bihar, 2001 Cri.L.J. 2811 (Patna). 5. Erram Santosh Reddy and others, Appellants v. State of A.P., Respondent, AIR 1991 S.C 1672 6. Fox, Campbell and Hartlay v. United Kingdom, 182 European Court of Human Rights Reporter (1990). 7. G v. D.P.P., [1989] Crim L.R. 150 8. Gauri Shankar Jha v. State of Bihar and others, AIR 1972 SC 711. 9. Gerstein v. Pugh , 420 U.S. 103 (1975). 20. Guljarsing v. State

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Equity Case Summaries

Equity & Trust Summary 2007 Contents Equity Equitable Estates and Interests 2 Priorities in equity 5 Assignments 10 Estoppel 22 Undue influence 25 Unconscionable dealings 26 Fiduciary obligations 28 Trusts Intro trusts 33 Trustees 35 Trustee duties/powers 38 Rights of beneficiaries 40 Charitable Trusts 43 Express trusts 50 Resulting trusts 54 Constructive trusts 57 Equitable Estates and Interests The proprietary nature of equitable interests * Originally Equity acted in personam * Equitable rights now may have proprietary character * Equitable proprietary interest somewhere in between a personal and proprietary right * The strongest interest is beneficiary under a trust where the trustee holds the trust property for the beneficiary absolutely The indicia of proprietary interests in equity Defined in National Provincial Bank Ltd v Ainsworth [1975] AC "Proprietary interests" are rights or interests of property or a right affecting property. They must be; * Definable * Identifiable by the parties * Capable in its nature of assumption by third parties * Have a degree of permanence and stability Defined MGL suggest the following criteria . the power to recover the specific property, or income derived from the property 2. the power to transfer the benefit of an interest

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Confidence and privacy torts

CONTENTS ACKNOWLEDGEMENTS INTRODUCTION CHAPTER 1: CONFIDENCE AND PRIVACY (1) Is there a tort of privacy? (2) Analysing the elements of the potential tort (3) The private law tort of invasion of privacy in other jurisdictions. (4) Proposals for a new tort (5) Defining the new tort. (6) Breach of Confidence (7) Which types of activities or information constitute "Private Life"? CHAPTER 2: THE IMPACT OF THE HUMAN RIGHTS ACT (1) Media law, Privacy and Human Rights (2) Human Rights, Privacy and recent cases CHAPTER 3: HOW EFFECTIVE ARE MEDIA REGULATORS? (1) How extensively is privacy protected? (2) The Regulatory Codes (i) The Press Complaints Commission (PCC) (ii) Private places (iii) Procedural drawbacks of the PCC (3) TV and Radio (i) The Broadcasting Standards Commission (BSC) (ii) Procedural drawbacks of the BSC (iii) The Independent Television Commission (ITC) and the Radio Authority (iv) OFCOM (v) Survey (vi) Is there a need for reform? CONCLUSION APPENDICES BIBLIOGRAPHY CHAPTER 1: CONFIDENCE AND PRIVACY (1) Is there a tort of invasion of privacy? It has often been said that the English law does not recognise a right to privacy 'as such'.1 It has been widely agreed that privacy rights might find incidental protection by causes of action designed to protect other interests, but there is no distinct cause of action for

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Public International Law

SUBMITTED FOR Prof. Dr. A .W. M. Abdul Huq Dean, Faculty of Law NORTHERN UNIVERSITY BANGLADESH SUBMITTED BY Seik Golam Maksud LL.B (Hon's) ID: LLB040200248 Department of Law NORTHERN UNIVERSITY, BANGLADESH 5th January 2008 Dr. A.W.M Abdul Huq Research Supervisor Final Dissertation Northern University Bangladesh 93 Kazi Nazrul Islam Avenue, Dhaka-1215 Letter of Transmittal Sir, It is a great pleasure for me to submit the research paper on the topic of "PUBLIC INTEREST LITIGATION". While conducting this research, I tried my level best to make this research paper to the required standard. I hope that this paper will fulfill your expectation. I, therefore, hope that you would be kind enough to go through this paper for evaluation. I am always available for any clarification of any part of this research paper at your convenience. Thanking you. Seik Golam Maksud ID: LLB040200248 Semester: 11th LL.B (Hon's) Department of Law Northern University Bangladesh Topic PUBLIC INTEREST LITIGATION Dedicated To My Late Mother Jebun Nessa PREFACE This 'RESEARCH MONOGRAPH' is the out come of our LL.B (Hon's) Course curriculum. 'The Public Interest Litigation' is a touchy and emerging concept in Bangladesh and still there is no large word in this regard. Being insisted by my friends and teachers I have taken this initiative to make a research regarding on this

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Libertarian Welfare Rights. An Inquiry into the Coherence of Some Common Libertarian Commitments

Libertarian Welfare Rights?i An Inquiry into the Coherence of Some Common Libertarian Commitments I. Introduction This paper argues that libertarians should endorse some welfare rights understood as rights that all states must guarantee to their subjects as a condition of legitimacy. For, it argues that libertarians, because they should be actual consent theorists, must agree to the following condition for state legitimacy: States must do what they can to ensure that their rights-respecting subjects secure the basic reasoning and planning capacities they need to consent to their rules. To secure these capacities, most people need some minimal amount of food, water, shelter, education, health care, social and emotional goods. So states have to ensure that these people secure these things (as long as they do not violate others' rights). This should be a striking conclusion as most libertarians notoriously reject welfarism and positive social and economic rights. They do not think legitimate states must ensure that any of their subjects secure food, water, shelter, education, health care, social or emotional goods. It is, of course, easy to imagine ways that welfare rights can conflict with other libertarian commitments. So, although it is framed as an argument for the conclusion that libertarians should endorse some welfare rights, this paper's import is really that denying

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INDUSTRIAL CITIZENSHIP IN BRITAIN: ITS NEGLECT AND DECLINE

INDUSTRIAL CITIZENSHIP IN BRITAIN: ITS NEGLECT AND DECLINE Introduction In recent debates about struggles around globalisation the issue of workers rights has been central, however, the conceptualisation of workers' rights has been neglected.i The discussion of rights raises the idea of citizenship, and for workers, the question of industrial citizenship. The concept of industrial citizenship was introduced by T. H. Marshall in his famous account of the relationship between citizenship and social class, originally developed around 1950.ii Citizenship in general refers to the equal membership of a national societal community, where those individual citizens are theoretically guaranteed equal rights of speech, association, etc., and equal rights of political participation. Industrial citizenship is where employees have the right to form and join unions and to engage in actions such as strikes in pursuit of higher wages and better conditions of employment.iii Industrial citizenship, then, is not to be equated with ideas of industrial democracy, although some national systems of industrial citizenship might approximate some models of industrial democracy. However, industrial citizenship in Marshall's account is largely seen as secondary to the rights of civil citizenship, and with a few exceptionsiv has received little attention from subsequent commentators who have attempted to

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Lon Fuller - professor of Jurisprudence at Harvard.

Lon Fuller Fuller, professor of Jurisprudence at Harvard, was one of the thinkers responsible for the revival of natural law thinking in the mid-20th century. Note (in very small type) the date (1969) of his book. Modern natural law theorists (other than those explicitly within the traditions of Roman Catholic moral philosophy) are secular in their outlook. They thus differ from classical natural law thinking in not supporting their theories with a grand metaphysics, as does St. Thomas. They have no special views about the purpose of life, the role of nature, the sources of human wisdom etc. Even the terminology 'natural law' or what we have called 'principles of natural justice' may seem to them to carry too much theological baggage. They do believe however in what they tend to call 'moral principles.' Fuller calls his principles 'procedural' rather than substantive. He also calls the morality that's required for law, 'internal morality.' Substantive principles, such as the several principles of justice we've mentioned, describe what is right and what is wrong. They tell us how to regulate our conduct, i.e., whether polygamy is wrong. Procedural principles give criteria for forming substantive moral principles into law. Fuller's view is that natural justice enters the law at the procedural level. There are certain procedural principles which are necessary for anything

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Principles of Delict

George Buchan ( Sir Hugh Jewallet Principles of Delict Delict is part of the Law of Obligations. When studying delict, we find that the law imposes an obligation on each one of us not to cause unjustifiable harm to other persons or their protected interests. The main function of this area of civil law is to define the circumstances in which an individual or a corporate body, on finding that is interests are, or have been, harmed by another's harmful act, may seek a remedy. The wrongful act is described as a civil wrong or a delict and the remedies available are either an interdict to stop the wrong recurring or compensation, sometimes called reparation Delicts or Civil Wrongs do not lead to the criminal prosecution of the wrongdoer, but to civil proceedings in the form of an action for damages against the wrongdoer in a civil court. If the action is successful , a sum of money, which is called ,damages, or compensation, or reparation, will be paid to the injured party. The distinction between crimes and delicts does not depend on the kind of wrongful act itself. The conduct will be regarded as a crime if it is not only harmful to the victim but to the public at large. Such conduct must be suppressed and discouraged by the state. Therefore, the state takes action and the wrongdoer is prosecuted by public action. If the conduct is regarded as a wrong to only the

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