Reform Acts
Reform Acts Glenn Everett, Associate Professor of English, University of Tennessee at Martin No period of British History has been as tense, as politically and socially disturbed, as the 1830s and early 1840s, when both the working class and the middle class, separately or in conjunction, demanded what they regarded as fundamental changes. From 1829 to 1832 their discontents fused in the demand for Parliamentary Reform, behind which the masses threw their riots and demonstrations, the businessmen the power of economic boycott. After the 1832, when several of the demands of the middle-class radicals were met, the worker's movement fought and failed alone. (Eric Hobsbawm, Industry and Empire) The three Reform Acts, of 1832, 1867, and 1884, all extended voting rights to previously disfranchised citizens. The first act, which was the most controversial, reapportioned representation in Parliament in a way fairer to the cities of the industrial north, which had experienced tremendous growth, and did away with "rotten" and "pocket" boroughs like Old Sarum, which with only seven voters (all controlled by the local squire) was still sending two members to Parliament. This act not only re-apportioned representation in Parliament, thus making that body more accurately represent the citizens of the country, but also gave the power of voting to those lower in the social and economic
How far has the creation of a single market in goods resulted in the limitation of powers of community member states in the field of commercial activity?
How far has the creation of a single market in goods resulted in the limitation of powers of community member states in the field of commercial activity? Introduction Free movement of goods is a fundamental part of the single market, although goods have never been defined by the EC treaty, it was left sufficiently vague so as to encompass many products "which shall cover all goods"1. The principle of movement of goods has been described as the "corner stone"2 of the community as defined in Article 143 originally Article 8a of the EEC Treaty: "An area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of this treaty"4 The underlying objective permeating through the main provisions of the community concerning free movement of goods political integration. The phrase 'single market' or 'internal market' replaced the term 'common market' by the Single European Act 1986. The primary reason why states joined the community was because of the benefits and exposure it would give their goods in the internal market, a market free of internal restriction on trade5. The philosophy behind the free market was that market forces compete in the world market increasing economic efficiency. This philosophy of included in its definition, products originating from third countries. This can be seen in Article
Judicial Activism
Module 1 - Question 1 The European Court of Justice has been described as 'judicially activist' and has been accused by some critics of delivering judgments that are inconsistent with the Treaties. Are these criticisms fair? Page Introduction 2 Free Movement of Goods 4 General Principles of European Law 9 Criticism 2 Conclusion 7 Books 20 Cases 21 Journal/Book Articles 23 Table of Treaties, Regulations and Directives 25 CONTENTS Introduction Judge Robert Lecourt introduced the idea of a 'people's court', an alleged concern for the safety of the weak by the ECJ. However surely, the Court's activism has been useful to a number of individuals. The French Prime Minister, Michel Debre, said in 1979, 'J'accuse la Cour de Justice de megalomanie maladive'1. Moreover, Margaret Thatcher, at the Maastricht Treaty said that 'some things at the Court are very much to our distaste'2. Furthermore, attacks have been made by the German press3 and by Hjalte Rasmussen where it has been blamed of 'revolting judicial behaviour'4. However, the European Court has been placed in the margin by the media, the lawyers and the academic community. Eric Stein described the court as being 'tucked away in the fairyland Duchy of Luxembourg and blessed with benign neglect by the powers that be and the mass media'5. The European Court therefore met with little criticism even
The trustees’ duty to provide information to beneficiaries.
THE TRUSTEES' DUTY TO PROVIDE INFORMATION TO BENEFICIARIES Introduction I am honoured to be invited to give this year's lecture. The lecture is prestigious and for this reason for the lecturer a challenging proposition. Not long after Lord Walker's lecture last year I had occasion to consider the rule in Hastings-Bass in the case of Abacus Trust Co (Isle of Man) v. Barr [2003] 2 WLR 1363 ("Abacus"), and if my decision was in any way courageous departing (as I did) from a line of authority and making my own furrow on the question whether a decision successfully challenged on Hastings-Bass grounds was void or voidable, I acknowledge the encouragement to my resolution afforded by Lord Walker's lecture. My decision was not appealed to the Court of Appeal. Instead there was an appeal to the legal profession as a whole by way of legal periodical. I have in mind in particular the article in 17 Trust Law International (2003) 114-128: The Law Relating to Trustees' Mistakes - Where Are We Now? by Mr Brian Green QC, a member of the same stable, Wilberforce Chambers, as leading Counsel for the unsuccessful party in Abacus. Such an appeal has decided advantages over an appeal to the Court of Appeal: (1) there is no requirement of giving notice of the appeal to anyone and the judge has no right to be heard; (2) there is no limitation of the issues raised to those raised before the
A defamatory statement is statement which is false and which impugns another person's reputation, or adversely affects his standing in the community.
Defamation A defamatory statement is statement which is false and which impugns another person's reputation, or adversely affects his standing in the community. The jury is inducted in defamation proceedings (s69 Supreme Court Act 1981). However, the jury verdict can be overturned on appeal on the ground of perversity. Legislative intervention has allowed the appellate courts to intervene more frequently with jury assessments of damages (s8 CLS Act 1990). Safeway Stores plc v Tate [2001] The claimant applied for summary judgement under CPR. The judge took the view that the defendant had no reasonable prospect of defending the action, and granted the application. CA held that the claimant's right to a jury trial under the Supreme Court Act was a fundamental right and the Civil Procedure Act 1997 conferring reform powers to the Lord Chancellor by way of delegated legislation cannot repeal or amend primary legislation. Alexander v Arts Council of Wales [2001] It is open for the judge in each case to decide whether a publication is capable of bearing a defamatory meaning. If it does not, he may remove the issi=ue from the jury to give a summary judgement. Kiam v MGM Ltd [2002] The judge had suggested a bracket of GBP 40000 - 80000. The jury awarded GBP105000. CA held that the test whether such an award was excessive under s8 was not what the court thinks would
![Donoghue v. Stevenson [1932].](https://mbt-essays-prod-public.s3.eu-west-1.amazonaws.com/43073/listing/43073_1.jpg)
Donoghue v. Stevenson [1932].
Donoghue v. Stevenson [1932] AC 562; All ER Rep 1; 101 LJPC 119; 147 LT 281; 48 TLR 494; 1932 SLT 317; 1932 SC(HL) 31 (HL). Mrs Donoghue was taken to a café by a friend who purchased on her behalf a bottle of ginger beer. The drink was supplied in a sealed opaque bottle. The café proprietor unsealed the bottle and poured half of the contents into a glass containing ice cream. When the glass was empty, Mrs Donoghue's friend poured the remaining ginger beer into her glass. At that point in time a decomposed snail emerged from the opaque bottle. Mrs Donoghue alleged that as a result of consuming the defective ginger beer she contracted an illness and suffered shock. She claimed against the manufacturer, Stevenson, in negligence, arguing that such a manufacturer owed her as consumer a duty of care so as to prevent the presence of any dangerous hidden defect in the manufactured product. This duty, she alleged, had been broken and she had suffered damage as a result. Lords Atkin, Thankerton and Macmillan found in favour of Mrs Donoghue. Lords Buckmaster and Tomlin dissented. LORD ATKIN: "The sole question for determination in this case is legal: Do the averments made by the pursuer in her pleading, if true, disclose a cause of action? I need not restate the particular facts. The question is whether the manufacturer of an article of drink sold by him
The Anglo-Irish Treaty of December 6, 1921 was the foundation stone of an independent Ireland
" The Constitution of 1937 was formulated, presented and adopted by the people within a very short time-span, but none the less it encapsulated the mores and ethos of the people. However change was inevitable and Irish society would be transformed over the ensuing decades". Discuss this statement in detail regarding all of the following: . The content of the Constitution as originally enacted. 2. Outline how the Constitution responded to the changing needs of Irish society. 3. Outline ONE Article (or sub-article) the inclusion (or non-inclusion) of which you would regard as surprising given the history of Irish Constitutional emergence. Name: Vivienne Matthews O'Neill Student Number: 00394556 Subject: Constitutional Law Date Due: 18th February 2004. Word Count: 7586. 13 CONTENTS . Introduction 2. The Anglo- Irish Treaty 1921 3. The 1922 Constitution 4. Original content of the 1937 constitution 5. Reaction to the new constitution 6. Status of the country in 1937 7. The doctrine of precedent 8. Conclusion 9. Bibliography. 13 INTRODUCTION The Irish Constitution is necessarily a product of it's time; the immediate post-revolutionary period of Irish history. To a greater extent than is perhaps generally appreciated, the 1937 Constitution re-enacted that of 1922 with a re-ordering of the contents which served partially to disguise its
Land law. The purpose of this paper is to present an analytical and investigative study to examine the relationship between the identification of the causes of incomplete contracts and the extent to which this can help protect business interests. To asses
Contents PROTECTION OFF CONSUMERS WHEN CONTRACTS GO UNPERFORMED 1 Contents 2 INTRODUCTION 3 CHAPTER ONE 7 THE SOURCES OF CONTRACT LAW UNDER ENGLISH AND AMERICAN LAW 7 IMPACT OF THE SOURCES ON THE DEVELOPMENT OF AND CHANGES IN LAWS 8 Changes in Law and Interpretation 9 CHAPTER 2 9 INCOMPLETE CONTRACTS 9 CIRCUMSTANCES THAT LEAD TO NON-COMPLETION 10 Agreement 10 Discharge by Frustration 11 Breach of Contract Terms 13 Performance 14 COMMERCIAL CONSEQUENCES OF INCOMPLETE CONTRACTS 15 Case Study Scenarios 18 Intention 19 PRINCIPLES THAT MAY BE APPLIED IN EACH CIRCUMSTANCES 20 Intervening Impossibilities and Frustration 20 Force Majeure Clauses 21 Non-performance 22 Breach of Contract 24 Legislations 24 Remedies for Non-completion of Contracts 25 CHAPTER THREE 26 RECOMMENDATIONS FOR FUTURE RESEARCH 26 CONCLUSIONS 28 INTRODUCTION Over the last few decades, a great deal of research attention has been dedicated to the study of contract law. The field of incomplete contracts in relation to commercial consequences and the measures that companies can take to secure their positions are is still in need of further study and research. , not least because of constantly changing business, legal and technological environments. The impacts of possible changes in business laws and policy have a major significance in dispute settlements, such as those occasioned by
An Historical Introduction to the Constitution of the United States
An Historical Introduction to the Constitution of the United States Bibliography Author/editor Title, year of apparition, edition Adams, Willi Paul Adams, Angela Die amerikanische Revolution und die Verfassung 1754-1791 1st edition 987 (cited: Adams, Revolution und Verfassung) Amar, Akhil Reed The Bill of Rights Creation and Reconstruction st edition 998 (cited: Amar, Bill of Rights) Amar, Akhil Reed America's Constitution A Biography st edition 2005 (cited: Amar, America's Constitution) Baker, Ross K. Pomper, Gerald M. Mc Williams, Wilson C. American Government st edition 983 (cited: Baker, American Government) Berkin, Carol Miller, Christopher L. Cherny, Robert W. Gormly, James L. Making America A History of the United States st edition 995 (cited: Berkin, Making America) Blum, John M. McFeely, William S. Morgan, Edmund S. Schlesinger, Arthur M. JR. Stampp, Kenneth M. Woodward, C. Vann The national experience A History of the United States 7th edition 989 (cited: Blum, National Experience) Brogan, Hugh The Penguin History of the Untited States of America st edition 985 (cited: Brogan, History of the USA) Clark, David S. Ansay, Tugrul Introduction to the law of the United States st edition 992 (cited: Clark, Law of the U.S.) Current, Richard N. Williams, T. Harry Freidel, Frank Brinkley, Alan American History A
Personalism-impact on victims and how Restorative justice conference can balance the interest of victims and the public.
Introduction There are many different definitions of crime. One is as in the current justice system, which views crime as an act or omission that the law makes punishable. The other system, which has been increasingly popular in recent years, is restorative justice, which perceives crime as 'an injury of people and relationships' (Zehr, 1990) rather than merely a violation of law and social norms. Due to these conceptual differences, they take different approaches in response to crime. The existing system highlights the retributive and punitive domain; it intends to establish blame on offenders and make offenders repay their debt to society by punishment. The system is more offender-oriented and its focus is the past rather than the future. Besides establishing blames, it tends to give less attention on future-oriented concerns like how to repair the damages caused by the crime and how future recurrences can be prevented. It has been argued that the existing system places excessive emphasis on the past and is less constructive to victim, offenders and the society. From the restorative justice perspective, crime is viewed as social conflicts within the society. Restorative justice system was designed to restore social harmony and repair the damages of social conflicts. It begins with repairing the harm suffered by victims and assisting the reformation of offenders. It
