The Right Medicine: Same-sex Family Law
Tutorials/exercises - 6 pages - Other law subjects
Currently in the United States, same-sex couples face many discrepancies in the law compared to heterosexual married couples, many related to taxation, discrimination protection, and other benefits. Of particular importance are the barriers that same-sex couples and larger families face...
Law and Order in Ancient China
Essay - 6 pages - Ancient history
Social development in most countries is predicated upon the history and tradition of the country in its early years of development. In other words, the direct issues of law and order that have become a part of modern social discourse can be traced back to the historical development of the...
A critical examination of current law of divorce and the need for change
Essay - 9 pages - Other law subjects
“There is no one branch of the law more important, in any point of view, to the great interests of society……than that which regulates the formation and the dissolution of the nuptial contract. No institution indeed more nearly concerns the very foundations of...
The impact of European Union Law on the world of sport in the context of sport regulation and restraint of trade since the Bosman decision.
Essay - 7 pages - International law
Under European Union law, Article 81 of the EC Treaty provides that all agreements between undertakings, decisions of undertakings and concerted practices which may affect trade between Member States and which have as their objective or effect the prevention, restriction or distortion of...
The contribution made to the concept of the supremacy of European Community Law by the judgment of the European Court of Justice
Essay - 5 pages - International law
The tension between European Community law (EC) and national law is arguably the most debated topic of constitutional law . The convention of Parliamentary supremacy is rooted within the British constitution as a fundamental limb of the separation of powers doctrine ....
The impact of European Union Law on the world of sport and the Bosman decision
Essay - 7 pages - International law
Under European Union law, Article 81 of the EC Treaty provides that all agreements between undertakings, decisions of undertakings and concerted practices which may affect trade between Member States and which have as their objective or effect the prevention, restriction or distortion of...
Competition Law
Market study - 4 pages - Other law subjects
The area of EC Competition Law has experienced major structural and substantial changes over the past two decades. The last decade of reforms of EC Competition Law is often cited as the « modernisation process » . Since competition rules always apply to a « market », this notion...
The political role of the judges in law and politics
Essay - 4 pages - Political science
My presentation is concerned with the relationship between law/the judiciary and politics. The laws relating to civil and criminal wrongs are indeed made either by Parliament in the form of Acts of Parliament (also called statutes) or by the judges themselves (then called the common...
International law: history and definition
Essay - 5 pages - International law
“Truth is that international law is neither a myth on the one hand, nor a panacea on the other, but just one institution among others which we can use for building of a better international order” (J. Brierly, The law of nations, Oxford 1995). Law is a system of...
Essay on the Rome Convention on the law applicable to contractual obligations
Essay - 13 pages - International law
The Rome Convention on the Law applicable to contractual obligations “applies to contractual obligations in any situation involving a choice between the laws of different countries.” The scope of the Convention is therefore clear; its aim is to regulate contractual...
Has the Contracts (Rights of Third Parties) Act 1999 gone far enough in reforming the English law of privacy? - published: 15/01/2009
Essay - 5 pages - Civil law
Under the doctrine of privacy, which became entrenched in English law in the latter half of the 19th century , contractual rights and liabilities are limited to the parties to the contract. The mounting criticisms and arguments for reform have led to the Contracts (Rights of Third Parties)...
Abortion linked to international trade law
Essay - 12 pages - Social sciences
There are different kinds and different methods of abortion nowadays. The spontaneous abortion, caused by natural causes, the elective abortion, the therapeutic abortion, which deals with the safety of the physical or mental health of women and the induced abortion, practices deliberately for...
Consider the extent to which international law is law, or 'really law' or 'law properly so-called' with reference to legal and other theorists
Essay - 6 pages - International law
Charlotte Ku and Paul F. Diehl noticed that at first sight, ‘International' and ‘Law' sound contradictory: “how can one imagine a structured and developed legal system functioning in a political environment that is diffused, disparated, unregulated and conventionally...
A discussion concerning the belief that 'Judges do not make law - they only declare it'
Thesis - 6 pages - Civil law
The function of a judge in any legal system remains a true phenomenon even today. Barristers, solicitors, law students and the general public often question the precise role of a judge ? puzzled over whether judges are authoritarian law-makers, or if their profession makes them mere...
Has the Contracts (Rights of Third Parties) Act 1999 gone far enough in reforming the English law of privacy?
Thesis - 5 pages - Business law
Under the doctrine of privacy, which became entrenched in English law in the latter half of the 19th century , contractual rights and liabilities are limited to the parties to the contract. The mounting criticisms and arguments for reform have led to the Contracts (Rights of Third Parties)...
International law and normative unity
Thesis - 5 pages - International law
In the Supreme Court of Canada's 1993 judgment in Hunt v. T & N Plc, Justice La Forest laid down the following goal to international law : “develop (…) co-ordination in the face of [the] diversity” of the international system. In other words, international law has to...
Critically discuss the contributions of the Third World Approaches to International Law (TWAIL) movement to international legal scholarship
Thesis - 6 pages - International law
After the World War II and its atrocities, a new international institution, the United Nations (UN) was created in 1945 to focus on the new challenges faced by the international community. One of the major challenges was the wave of decolonization which started between the two World wars. It was...
How an EU military could affect world peace through international law
Thesis - 12 pages - International law
There is no greater motivation for European unification than the desire for peace. Just like the UN, the EU wants to avoid the “scourge of war” for its future generations. In times of peace, the world forgets that the EU is not an economic coalition, but is instead a peaceful, foreign...
Common law as a paradigm: The case of Dorset Yacht Co. v. Home Office
Case study - 5 pages - Other law subjects
The concept of law can be explained in many different ways and methods, however to easily sum it up one could say it's mainly used as a dispute resolving mechanism that minimizes or altogether prevent the practice of self help. Law can also be described as a social system,...
Integrating law and economics
Case study - 11 pages - Economy general
The subjects of both law and economics are two very dissimilar things, however, when used together, can be quite effective. The integration of the two also would be beneficial in meeting certain political, social, and cultural objectives. Combining both law and economics would be...
Company law problem questions portfolio: Various questions and answers
Thesis - 14 pages - European law
The factual scenario raises issues regarding enforceability of contract and in order to advise the parties, it will be necessary to evaluate the company law requirements regarding authority. With regard to the property purchase, the issue arises as to whether this forms part of the...
Constitutional and administrative law: The concept of the Rule of Law as defined by Dicey
Thesis - 5 pages - European law
“The concept of the Rule of Law as defined by Dicey still remains valid: it provides a measure against which we can judge the attitudes and actions of Parliament, Government and the courts.” Explain what is meant by the concept of the rule of law. To what extent is the...
Law, morality and religion
Thesis - 8 pages - Humanities/philosophy
On June 26, 2003, the U.S. Supreme Court declared the law prohibiting the practice of sodomy "with a person of the same sex" unconstitutional, in the State of Texas. This called into question the laws that ban hanging in 13 U.S. states and homosexual practices, even in a private...
What are the main differences between the civil and the common law systems ?
Essay - 5 pages - European law
The majority of legal authors divide the legal systems of the world into two mains groups : the common law on one hand, and the civil law on the other hand . The most interesting is that when you try to find definitions for those words, you often find the basic definition, and then,...
European harmonization in the Contract Law Area
Essay - 6 pages - European union
The last decade witnessed the European Union taking tentative steps towards the likely abolition of each member state contract law, and its substitution with a single European Contract Law Code. Indeed, the European Union usually solves inconsistencies in contract law by...
The economics of the no-fault divorce law
Essay - 5 pages - Other law subjects
Marriage is a specific kind of contract "based upon a voluntary private agreement by a man and a woman to become husband and wife?. So in a sense, marriage is a contract like another one, the only difference being that the two contracting parties are strictly determined by the law as "only...
Criminal law : consent
Essay - 4 pages - European law
In criminal law, there exists a defense of consent. Within this defense, there is a general rule that a person cannot consent to his being caused actual bodily harm. No one can ever lawfully consent to his own death-R v Young . This opens the debate on issues related to euthanasia,...
"The concept of the Rule of Law as defined by Dicey still remains valid : it provides a measure against which we can judge the attitudes and actions of Parliament, Government and the courts"
Essay - 5 pages - European law
The rule of law is often expounded as a pillar of the English Constitution. It was described by Lord Bingham as "the second great rock on which [Dicey?s] constitutional edifice was founded". It was referred to as a statute for the first time, in the Constitutional Reform Act 2005, as an...
English legal system: The Sources of English Law
Course material - 87 pages - Constitutional law
The judicial decisions are the first to be found to develop a system. Today, they are still influencing the system as a whole. Judicial decisions have a weight that their continental counter part does not have. In England, under certain requirements, decisions are biding the judge with the...
Democratization versus Rule of Law
Essay - 5 pages - Political science
Professor Daniel Saadoun distinguishes three features that are deemed essential in a modern democracy: universal suffrage, the inscription in the preamble of the Constitution of a set of rules that the State cannot modify or erase and the obligation for the State to look after all the rules...
