This paper will deal with the common law legal system as a legal transplant, focusing on the reception of the common law in South East Asian jurisdictions, before comparing it with that of East Asian India to analyse how the common law functions and evolv
Introduction This paper will deal with the common law legal system as a legal transplant, focusing on the reception of the common law in South East Asian jurisdictions, before comparing it with that of East Asian India to analyse how the common law functions and evolves as a legal transplant. We will start with an analysis of the historical, socio-cultural and political contexts of the respective countries, from which we can assess the extent of reception in each of these and the resultant issues that arise. Finally we will attempt to arrive at an understanding of the common law as a legal transplant, how it is beneficial and why it evolves differently in the respective countries. Legal Systems as Legal Transplants The term "legal transplants" was coined by Alan Watson to refer to "the moving of a rule... from one country to another, or from one people to another". This involves the spread of cultural items between individuals in the "continual mass borrowing... of rules" which Watson asserts is "the most fertile source of legal development". Watson's theory of legal transplants has been met with great criticism, from being "flawed" with "unconvincing" empirical evidence to "not [being] a theory at all"1. Some insist that legal transplants are impossible, as proponents of legal transplants must accept that law is simply a body of rules, and these rules are bare
Consider the view that the royal prerogative is insufficiently controlled by either Parliament or the judiciary.
In historical times the royal prerogative was regarded as the sum total of the rights ascribed to the Monarch as feudal lord paramount over the entire realm. Dicey1defines prerogative in a more contemporary sense as the "discretionary authority of the Executive", explaining that this means everything which the Monarch or her servants can do without the authority of an Act of Parliament. Few prerogatives are exercised directly by the Monarch today. While some governmental powers are conferred or defined by statute the prerogative powers of the Executive exist in virtue of customary common law. Dicey's definition of Rule of Law states, in part, that there should be no arbitrary government power. Parliamentary procedure and judicial review are forms of control which when imposed, by the Legislature and the Courts respectively, upon the Executive enable compliance with this understanding of the Rule of Law. Government is dependent upon the support of Parliament for its existence. Ministers of the Executive must account to Parliament and be responsible for their exercise of the royal prerogative. These obligations of accountability and responsibility are owed both to the Legislature and to the various parliamentary select committees. The Separation of Powers doctrine requires the Legislature to assume the responsibility to influence, constrain, and demand justification for the
Criminal Justice System of Great Britain
The Role of the Trial The role of the judicial system is to protect the innocent, to pass judgement and to serve an appropriate form of punishment on convicted felons. This may include receiving a custodial sentence, serving a specified amount of community service or incurring a disqualification or penalty fine. All criminal cases in the UK initially commence in the same system. However the severity and details of the offence will affect the following: which court the accused may be trialled and sentenced in, the criminal proceedings and the level of punishment received. This essay will examine the differing categories of offence and describe the role of the trial to provide a basic overview of the Crown and Magistrates court systems of Great Britain. The criminal court system has two rankings. The lower is the Magistrates' Court and the higher ranking is the Crown Court. The Youth Court established in 1992 is a separate less formal division of the Magistrates' Court. It was set up for the trial and punishment of minors aged between ten and seventeen years old. Young offenders too young to be trialled as adults (unless they are being tried alongside an adult) and old enough to know right from wrong are forced to face the consequences of their actions. The youth justice system can impose sentences up to 24 months detention in a young offenders unit or a fixed amount of
A look at the Origin, Stigma/Discrimination and Government Involvement with AIDS in the United States of America and African Countries
AIDS Anyone can have it, Internationally feared, Deadliest Sickness A look at the Origin, Stigma/Discrimination and Government Involvement with AIDS in the United States of America and African Countries Acquired Immunodeficiency Syndrome, AIDS, is now known as being one of the most deadliest and incurable viruses in the world. AIDS snuck into America in the beginning of the 1980's, then exploded in what seemed a matter of moments. America would soon learn that this was not just a health problem in the "immoral" cul-de-sacs of American but an international epidemic affecting all types of life. Today's youth see's a constant fight in curing and eliminating AIDS around the world; however, this has not always been the case. AIDS has been most publicized in the United States and African countries. This paper will compare the origin of AIDS, the stigma and discrimination of AIDS and the government involvement with AIDS in the United States and African countries. Individuals who first appeared with AIDS in America during the early 1980's were diagnosed with Pneumocystis Pneumonia (PCP), which is usually found in people with poor immune systems. 1 However these individuals who were sick did not have poor immune system, but the individuals were homosexuals. As more and more homosexual males appeared to have the disease, it became labeled as GRID (gay related immune
Since all sorts of gender inequality continues to exist today, and some of the people and institutions that perpetuate the inequality appear unwilling to change, the contemporary family structure could be the starting point to remedy gender inequality in
Obtaining gender equality has been a constant struggle in the United States. Society in America naturally treats men and women differently, with no regard to equity. Consequently, gender inequality is repeatedly taken for granted, whether in the workforce or in the home. It is considered not only an expected social response, but one that is a basic component of social relations. The contemporary family structure is the most fundamental arena where gender inequality and equality are produced and reproduced. It is a central place where children are first taught gender roles and where influential associations built around gender are introduced. Since all sorts of gender inequality continues to exist today, and some of the people and institutions that perpetuate the inequality appear unwilling to change, the contemporary family structure could be the starting point to remedy gender inequality in the United States today, yet this does not occur. Thus, family structure is primarily constrained today by the continuation of gender inequality in society. Gender inequality may well be one of the greatest puzzles of modern society in the United States. We know that males and females are biologically different from the moment of conception and that these differences determine an individual's sex. Individuals' chromosomal and hormonal differences are what physically construct the male and
Properties of Hydrocarbon
Title: Properties of Hydrocarbons Introduction: Hydrocarbons are organic compounds that contain only hydrogen and carbon. The simplest form of hydrocarbon is the methane, which have the structure of CH4. The hydrocarbons can be divided into two groups that are saturated and unsaturated hydrocarbon. The saturated hydrocarbons are the compounds in which all the bonds of the carbon contain single bond and all the carbons are filled with 4 bonds that are attached to other atoms. The single bond consists of a sigma bond. The saturated hydrocarbon is also known as alkane, which belongs to a homologous series of organic compounds in which the members differ by a constant relative molecular mass of 14. The chemical formula is Cn-H (2n+2), where n is the total number of carbons. The compound is said to be saturated when they follow Cn-H (2n+2), which is to say there are no double bonds. Unsaturated hydrocarbon, unlike saturated hydrocarbons, contain one or more carbon-carbon multiple bonds such as double bonds, triple bonds, or both. Instead of C – C, it contains C = C or C = C. These compounds rose due to the loss of two hydrogens because the carbons can only have four total bonds to it. Unsaturated carbons are also called alkenes or olefins with a general formula of Cn-H2n. In contrast to alkane, the bond consists of one sigma and one pi bond. Hydrocarbon can also be
In critiquing the educational leaflet based on case study A 14 year old female experiencing juvenile chronic arthritis, there are a range of strengths and limitations that will be discussed.
Write an essay of 800 words (+/- 10%) in which you discuss the strengths and limitations of the educational leaflet that you developed within a small group during seminars. You should cite approximately 4-6 academic references in support of your arguments. You need to consider how well the leaflet might assist your chosen client, how well it presents evidence-based information, and how successfully it communicates information to the client. Include references to your case study client, as well as using published literature to support your arguments. Submit the leaflet or information sheet that your group developed as an Appendix. You should focus on the leaflet itself, and not group decisions or dynamics that influenced its developments. Juvenile chronic arthritis refers to any form of arthritis that develops in children or teenagers who are under 18 years old. Arthritis is inflammation of the joints; it refers to a group of diseases that cause pain, swelling, stiffness and loss of motion on the joints. Most individuals with arthritis will experience pain and difficulty moving around. They may feel a level of discomfort and fatigue which leads to them feeling frustrated that they are unable to carry out daily tasks due to loss of strength and grip (Arthritis care, 2011). In critiquing the educational leaflet based on case study A – 14 year old female experiencing
Social Work Values. Values and ethics have been of fundamental importance throughout the development of the social work profession.
“Values are central to being human: nothing we do is unconnected with values. If we want to understand, and be able to work with people, then we need to have an understanding of the complexities of values in people’s lives. Any attempt to understand people that does not consider the values dimension is doomed to failure as values are so central to everything we do, both as individuals and professional social workers.” Adapted from: Moss, B. & Thompson, N. (2008) Meaning and Values: developing empowering practice. Russell House Publishing The above statement is essentially saying that an individual’s set of values play an imperative part in every decision, action or behaviour in their everyday lives. A person’s value system can be made up of personal, ethical, cultural or political vales. Along with their own personal values, social workers must also adhere to a strict set of professional values outlined by the General Social Care Council’s (GSCC) codes of conduct. It can be difficult for a practitioner to find a balance between these often conflicting and opposing value systems. Values and ethics have been of fundamental importance throughout the development of the social work profession. Founded in 1869, the Charity Organisation Society is often identified as the roots of modern social work. (Smith, 2002) It was set up in response to the belief that
One of the most controversial issues of British Economic History is the living standards during the industrial revolution. ''Pessimists'' against ''optimists'' oppose their ideas about whether the standards of living during the industrial revolution impro
British Economic History Supervision 4 Supervisor:Dr. D. M. Fowler by:Lambros Diamandopoulos ''Qualitative aspects of living standards, such as the disamenities of urban living, have become the decisive factors in evaluating whether the English working classes benefited from Industrial Revolution''. Introduction One of the most controversial issues of British Economic History is the living standards during the industrial revolution. ''Pessimists'' against ''optimists'' oppose their ideas about whether the standards of live during the industrial revolution improved,deteriorated or remained stable. On the one hand,optimists like Jeffrey G.Williamson, held the view that although some workers suffered from harsh working conditions and were working more days,the increase in real wages could offset these disamenities and as a whole,the majority of people lived from 1760 to 1850 benefited from the industrial revolution in terms of standards of life. On the other hand,pessimists like Charles H. Feinstein argued that the living standards of life deteriorated for the working class in early industrialisation. The main difference in the perception of judging the living standards between optimists and pessimists is the distinction between the importance of qualitative and quantitative factors that influenced the lives of workers during industrialisation. On the ''quantitative
What is the meaning of the term 'measure equivalent to a quantitative restriction' for the purposes of Article 28 EC?
Samantha Nicholson Seminar Leader - Harm Schepel European Law - LW511 What is the meaning of the term 'measure equivalent to a quantitative restriction' for the purposes of Article 28 EC? Article 28, whilst appearing relatively clear on first reading, has proved problematic and therefore produced a string of case law and discussion, which continues on today. The Article states "Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States.".1 This initially seems very clear in its implication. No Member State can restrict the quantity of imports from other member states. It is in the second part, the measures having equivalent effect (MEQR's) that the problems arise. In order to define the term 'measure equivalent to a quantitative restriction' one needs to trace the problems and decisions arising from this issue. This can be discussed in three different sections. Firstly, the definition of an MEQR as it stood in the cases prior to Keck2, and Directive 70/50. Secondly the changes created by the decision in Keck and other cases which followed this judgement. Finally, there are the decisions post Keck, and the fact that they have largely regressed to the decisions taken before this case. MEQR's can essentially be split into two categories; those that directly or indirectly discriminate against imported goods, and
