‘Junk sciences’ and miscarriages of justice

There is an inherent problem to the justice world that has been observed in almost every common law jurisdiction. The reliability of scientific evidence in the Courtroom is at stake as well as the general functioning anchored to the presence of a decisional jury in a trial. This paper will present those issues and mainly … Read more

Charities and Trustee Investment Act 2005 – Aims and Successes

Introduction Over a decade ago, the enactment of the Charities and Trustee Investment (Scotland) Act 2005, made provisions for the reform of Charity Law in Scotland. Prior to the 2005 Act, the only Act to address the issues of Charity Law in Scotland directly was the Miscellaneous Provisions (Scotland) Act 1990. There was a lot … Read more

Direct effect of Directives in EU law

The basic premise of this essay is that the direct effect of directives was established to encourage integration and improve the legal protection of citizens by creating rights and, what contributes as a right to one leads to an obligation for the other. Thus, by denying the horizontal direct effect of directives in order to … Read more

Shariah law

Shariah has been a highly controversial topic in today’s world. With countries like Britain having a massive uproar on the suggestion of shariah being used by the muslims in the country to handle marital issues (Feldman 2008). To most westerners the first and only thing that comes to mind about shariah is the Hudud Law … Read more

Constitutional culture

Constitutional culture, by virtue of its ever changing nature, is “vast and slippery” with an amorphous quality. The definition and use of this term has varied by author, and the uses have ranged from haphazard, general characterizations to detailed but limited accounts. For example, James Fleming and Linda McCain have used the term to reference … Read more

Cyber-operations can and should fall within the purview of international criminal law under the Rome Statute

I. INTRODUCTION In 2007, cyberattacks were launched in Estonia against government, banking and newspaper websites. The websites faced unprecedented levels of internet traffic caused by botnets generating waves of spam and requests leading to the websites to crash. The cyberattacks consisting of Distributed Denial of Service (“DDoS”) attacks occurred after the Estonian government relocated a … Read more

Dworkin’s criticism of Hart’s positivism

H.L.A. Hart, a legal positivist, describes his view of law as a model of rules, more specifically, primary and secondary rules. Primary rules are rules that govern behavior whereas secondary rules are rules that allow the fabrication, modification, or elimination of said primary rules. An example of primary rules are those regarding our criminal law … Read more

School-sponsored prayers – the establishment clause

The debates regarding school-sponsored prayers have significantly fueled controversy among parents, school administration and the Supreme Court in the United States. While the Court ruled that allowing student-initiated prayers in public schools violates the Establishment Clause, it indicates that regardless of the student’s influence to conduct prayers during public events such as sporting and graduation … Read more

Market access – Dassonville and Keck

For it to be shown that it was necessary for the Court of Justice of the European Union (CJEU) to develop a self-standing “market access” test, it must have been impossible to comfortably apply Keck or Dassonville and “market access” must be a better test than the aforementioned. In creating this “market access” test the … Read more

Canadian rights (civil liberties)

Also known as a “free society” or “civil Liberties”, these rights able us to function as a society should without the fear of judgement or discrimination. Included in section 2 of the Charter is freedom of conscience and religion, meaning we are free to believe in any religion we desire as well as preaching our … Read more

Critically discuss the claim that we should not have minority rights.

Thesis statement: We need minority rights as they are important to ensuring equality with in today’s society. Reasons in favour of my thesis: [1 marks] 1. Minority rights are needed, they compensate for the lack of equality within a liberal society 2. [1 sentence] Reasons against my thesis: [1 marks] 1. Minority rights providing additional … Read more

Jurisprudence – what is law

Question one. The word ‘law’ is often used when referring to any criteria of right judgement in matters of practice or any standards for assessing options for human conduct as good or bad. This is also how the word ‘law’ is also used in the term ‘natural law.’ The word ‘natural’ is used to signify … Read more

The Fourth Amendment

The Fourth Amendment to the United States Constitution was included as a component of the Bill of Rights on December 15, 1791. This amendment is known for shielding individuals from the seeking of their homes and private property without appropriately executed court orders. The Fourth Amendment of the U.S. Constitution gives, “the privilege of the … Read more

How far has the Apex legal in India made progress in defending Human Rights in the light of our Constitutional order

The privilege to authorize Human Rights as gave under the Constitution of India is Constitutionally secured. Article 226 enables the High Courts to issue writs for implementation of such rights. Also Article 32 of the Constitution gives similar forces to the Supreme Court. Another methodology has risen as Public Interest Litigation (PIL) with the goal … Read more