The doctrine of Parliamentary Sovereignty

The doctrine of Parliamentary Sovereignty is the cornerstone, and most fundamental principle, of our British Constitution. Its role gives Parliament absolute power, and authority, over any law. Simply put, when any piece of legislation is produced and passed by Parliament it will generally be regarded as the highest form of law within the constitutional structure. … Read more

UK Government structure

The UK’s governmental infrastructure implements a vast array of organization that dedicate a considerable amount of time and effort in placing the government under scrutiny. The role of Parliament is attributed to three key responsibilities, one of which is generally understood as scrutinising and challenging the work of the government. The other roles include granting … Read more

Case brief of CQN RTM Company Limited v Broad Quay North Block Freehold Limited [2018] UKUT 183 (LC)

Upper Tribunal (Lands Chamber) Appellant: CQN RTM (Right to Manage) Ltd (Represented by Mr Philip Rainey QC under the instructions of Watson Farley & Williams LLP) Vs Respondents: Brad Quay North Block Freehold Ltd (Represented by Mr Jonathan Upton under the instructions of Ashley Wilson Solicitors LLP) Before His Honour Judge Hodge QC On 15th … Read more

Extent of Judicial Review in India

DATA ANALYSIS: Extent of Judicial Review in India: In the underlying phases of the judicial mediation Courts have said that where there is a political inquiry included it isn’t agreeable to judicial review however gradually this changed, in Keshavananda Bharathi’s case, the Court held that, “it is hard to perceive how the intensity of judicial … Read more

The UK constitution

The notion that the United Kingdom has moved towards a ‘legal’ constitution opposes the orthodox view put forward by Griffith that the conceptual idea of the constitution is that of a political one1. The ‘political’ constitution is a longstanding principle that is intrinsically linked to Dicey’s perception that ‘Parliament…has, under the English constitution, the right … Read more

To what extent is the judiciary in the UK politically neutral? Compare with another federal state

The judiciary in the UK is the branch of government that is responsible for deciding any legal disputes which preside over the court system, including everyone from justices of the UK Supreme Court down to lay magistrates. This branch gives judges the role of interpreting legislation, as well as the responsibility of developing the Common … Read more

Consent to and refusal of treatment

The ethical considerations into allowing a competent patient to refuse treatment conflicts largely to the current legal and professional approach; particularly in the asymmetry in the extent of the right afforded to adult patients and to child patients. Whilst consent to, and so refusal of, treatment is pivotal in medical practice, the underlying feature of … Read more

The Irish Constitution

“In the Name of the Most Holy Trinity, from Whom is all authority and to Whom, as our final end, all actions both of men and states must be referred, We, the people of Éire, humbly acknowledging all our obligations to our Divine Lord, Jesus Christ, who sustained our fathers through centuries of trial…Do hereby … Read more

COMPARATIVE ADVERTISING: Highlighting the perimeters for an acceptable degree of legal comparison

INTRODUCTION “Sales may lead to advertising as much as advertising leads to sales” – Michael Schudson. These lines stated above do make sense in the rapidly changing business today. Advertisements are what they are- they define everything. It is like two sides of a coin. One where the powerful advertisements help the companies only to … Read more

Do judges make law?

LEGAL SKILLS COURSEWORK The subject of this essay is on the extent to which judges can correctly use their powers to shape the law. Emphasis would be on the instances where and why judges, rather than applying the law as enacted by Parliament, use discretionary powers to shape the law. In the United Kingdom, the … Read more

Issues of consumer law

Removals firm: Supply of Services The legal relationship between the parties must be clear. The Consumer Rights Act 2015 (CRA) defines a consumer as “an individual acting for the purposes that are wholly or mainly outside that individual’s trade, business, craft or profession”. As evident by the facts, there is a construction of a contract … Read more

Issues of vicarious liability

It can likely be stated that both Chris and Dan are employees of Hard Data Company Pty Ltd (“Hard Data”) for the following reasons: the job allocated to them involved a low level of skill, they have little control over the wages and hours worked, further that they are using company mobile phones during the … Read more

The right to openly carry firearms

In the Texas Constitution, Article 1, Section 23, the Texas Constitution, under the Texas Bill of Rights, grants every Texas citizen the right to own and use firearms; “Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by … Read more

The law of nuisance

Introduction In the scenario some multiple legal issues arise under the tort of law like nuisance and this essay is going to be discussing the different areas of law that would apply to the parties. Paragraph 1 – Nuisance Nuisance is one of the oldest areas of tort to exist to date and the definition … Read more

Pathways to practice extradition law

POLITICAL FIGURES Augusto José Ramón Pinochet Ugarte Extradition requested by Spain to the UK: November 3rd, 1998 Countries involved: Chile, Spain and the UK Defense team: – Spain: J.M. Stampa Braun, F. Escard” – UK: C. Montgomery, C. Nicholls [Arrested on + October 16th, 1998] Charges Genocide, terrorism and torture during the Chilean dictatorship (1973-1990) … Read more

WTO rules

The World Trade Organization (WTO) is most importantly, or at least traditionally, was the facilitator of negotiations. This is very much what the General Agreement on Tariffs and Trade (GATT) had done, before it helped arrange the set of actual negotiations, put together an agenda, really facilitate. They do not write the rules for the … Read more

Self defence

Introduction Collective self-defence is the guiding principle of international alliances, which main objective is to dissuade, retaliate or minimise the impact of an external aggression, but self-defence is managed according to criteria, and its application differs depending on the capacity of the different actors to implement it. The right of self-defence considered in the UN … Read more

Sony Corporation of America v. Universal City Studios, Inc (Betamax)

The Supreme Court has made various legal decisions that have continuously influenced American sectorial processes. This paper, therefore, examines the case of Sony Corporation of America v. Universal City Studios, Inc. in 1984, otherwise known as the “Betamax case”. As per the assignment requirements, I, Yingying Lu certify, pursuant to the ethical guidelines contained in … Read more