A major belief in the doctrine of judicial precedent lays, is that there needs to be a hierarchy of the courts in order to operate. The whole idea of Stare Decisis, meaning to stick with what has been concluded this makes the basis of the doctrine of judicial precedent. The point of this is that … Read more
Montesquieu and L´Esprit des lois The idea of seperated powers has an old background. Philosophers as Aristoteles and John Locke have already been debating about this theme. Locke stated that there is the need of a principle concerned with the efficiency of government and avoidance of tyranny. This last point was also established by the … Read more
1. The CIPD Human Resources Profession Map (HRPM) which has been designed to set the highest standards of professional competencies in HR. (as shown in the image below). It has been developed after using much research including detailed interviews with HR directors across the board as well as many HR professionals. This tool serves the … Read more
Recent decisions in the Supreme Court would undoubtedly show judicial discomfort with the operation of the exclusionary rule in Irish Law. Since the seminal decision of People (AG) V O’Brien in the supreme court, the exclusionary rule has dominated cases questioning the admissibility of evidence. For a long time following the subsequent ruling in Kenny … Read more
Case Dano concerns a legal dispute between Elisabeta and Florin Dano and Jobcenter Leipzig. The Romanian Ms Dano entered Germany with her son, asked for social benefits, but does not look for a job while the assistance is only meant for jobseekers. Ms Dano was granted a residence permit from the German authorities and is … Read more
Since the enactment of the Corporate Manslaughter and Corporate Homicide Act 2007 (hereafter 2007 Act), there have been a number of prosecution cases for work related manslaughter in the United Kingdom. However, very few of these have in fact materialized. This is due to the limitations and obscurities apparent in the present law. It is … Read more
Executive Summary “Majority rule” is an integral principle of company law: ‘those who take interests in companies limited by shares have to accept majority rule’ (per Lord Wilberforce, Re Kong Thai Sawmill [1978] 2 MLJ 277). Yet there are exceptions to this, in the various remedies open to minority shareholders for when they, or the … Read more
I have always had a deep interest in the legal framework of rules that mould the modern world. The way in which legal emphasis shifts to adapt to Britain’s diverging pluralistic society is the most intriguing development in modern law. Extremely challenging issues are becoming ever-present and soon the law will be forced to challenge … Read more
Special Guardianship Order (SGO) was set out with the aim to provide “an alternative legal status for children that offered greater security than long – term fostering but without the absolute legal severance from the birth family that stems from an adoption order”. (DFE, Special Guardianship Guidance 2005: 3). This critique on Government Consultation- Special … Read more
The principle of natural justice takes into account of procedural fairness and it ensures that the decision maker reaches a fair decision. It maintains procedural fairness in order to protect the right of individuals and also to promote public confidence. The idea of fairness expressed in the divergent strands of natural justice have to be … Read more
Introduction Spain, Iraq, Syria, Egypt, Lebanon, Turkey and now also Belgium and France are one of the countries who are victims of horrifying terrorist attacks. Terrorism used to be sporadic, however, during the years 2013-2016, terrorist attacks evolved into systematic attacks. Terrorism is not only a national crime, but also, a crime of international concern, … Read more
Introduction The aim of this essay is to discuss how Stare Decisis and Judicial Precedent affect the development of law, do they hinder the development or not. Judicial Precedent is the process where the judges follow the cases with similar facts that has been previously decided. The doctrine of judicial precedent involves an application of … Read more
Issue Should police/patrol officers be federally mandated to wear body cameras to record citizen contacts? Facts In today’s world of technological advancement, there has been an increase in the ways technology can be used to help people on a daily basis. New technologies have led to the development of police-worn body cameras, which is a … Read more
This case is the outcome of the appeal from a decision pronounced by the Court of Appeal. Case essentially involves a person named Major Rowlandson who in 1925 took out 5 policies on his own life with the company called Royal Insurance Com. Ltd for the sum amounting to 50,000. The Terms & Condition of … Read more
This work is engaged in a brief analysis of libel, taking into account the descriminalizadoras trends that are announced in Europe. These trends underpin this claim on the lookout for “social responsibility” of the media and the importance it has for the very survival of democratic and plural societies, the existence of a public’s right … Read more
