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...
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...
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 - 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...
"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...
Family Law: Comparison France Vs. China
Essay - 20 pages - Other law subjects
During the last century, the Chinese government decided to abolish the old family system and establish a new family idea: the socialist family system (the Marriage Code of 1950). This marked a turning point in Chinese common law and the beginning of a new family way of thinking. With this...
Is Law Patriarchal?
Case study - 6 pages - Other law subjects
When one discusses the idea of patriarchy, it is important to establish what this actually means. In most people's minds, it is the idea of male dominance, and consequently the subordination of women. If this is the true definition, then we can find lots of examples in law of this - Men...
Primacy / Supremacy of European Community Law against Sovereignty of the Member States
Essay - 25 pages - European law
Today the European Union (EU) consists of 27 Member States; it reaches from the Atlantic coast of Western Europe all the way to the Black Sea of Eastern Europe. In the European Union, the most important and closest collaboration between the Member States happens via the European Community (EC)....
The marriage: New Indonesian Law
Thesis - 9 pages - Political science
The place of Sharia in institutions is a recurring issue in Indonesian politics, and has seen the adoption and rejection, respectively in June and August 1945. It was subsequently named the Jakarta Charter. This charter represents an agreement between nationalist leaders and leaders of political...
Belgian administrative law: Definition, characteristics and sources
Thesis - 11 pages - Administrative law
Administrative law is a set of legal rules other than constitutional law that establish the organization, functions and working procedures of the administrative structures of the state. It comprises all the legal rules, other than constitutional law. The Constitution is the...
Discuss the analysis and significance of the abduction and trial of Eichmann from an international law perspective, with reference to legal writing
Essay - 8 pages - International law
“The very concept of individual accountability - indeed - the very idea that an act could be ‘criminal' was antithetical to International law during much of its history […] With narrow exceptions, individuals held no rights and bore no responsibilities under International...
Human Resource Development in the Law Enforcement Field
Essay - 6 pages - Management
Law enforcement is a unique field which is highly dependent on human resource development (HRD) but is often times lacking in individual training and support. Regardless of the type of law enforcement officer (LEO), individuals in this field take numerous risks and may witness...
Should the common law courts recognise the need for a general doctrine of unconscionability?
Essay - 7 pages - Civil law
The doctrine of unconscionability remains a venue of debate and controversy not only for legal scholars, but for judges and attorneys in this country and abroad. The idea of unconscionability is in itself problematic. How can a judge, jury, or attorney deem what is or is not fair? Even if an...
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...
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...
Criminal Law problem question
Essay - 9 pages - Criminal law
This document provides an analysis in answer to a criminal law problem question relating to the law of murder and manslaughter. The problem is set out as follows: Alan and Betty are contestants in the Big Sister game show. They do not get on and Alan feels that Betty is two faced....
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...
Law of war crimes: command responsibility and the Yamashita precedent
Essay - 5 pages - Criminal law
In an interesting article from the Legal Times untitled ‘From the top on down'1, two American military judges, namely J.D. Hutson and J. Cullen, lay emphasis on the need to hold Secretary of Defence D. Rumsfeld accountable for abuses on his watch mostly directed at Afghans and Iraqis....
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...
Jürgen Habermas overemphasises the role of the public sphere in his theory of law and democracy
Essay - 7 pages - Other law subjects
Jürgen Habermas (born June 18, 1929 in Düsseldorf) is a German philosopher, political scientist and sociologist in the tradition of critical theory. His work focuses on the analysis of advanced capitalist industrial society and of democracy and the rule of law in a critical...
