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Introduction Statutes consist of written rules or regulations, agreed by Parliament or other legislators. In order for statutes to be enacted, the words of the statute have to be understood, interpreted and applied. Statutes can be valid for many years despite changing social, political, technological, linguistic and economic landscapes. For example, certain sections of the … Read more
“In fact,…, judges neither should be nor are deputy legislators, and the familiar assumption, that when they go beyond political decisions already made by someone else they are legislating, is misleading.” (Ronald Dworkin) Discuss by reference to ONE judgement in Fuller, ‘The Case of the Speluncean Explorers’ (1949) and by reference to Lloyds Bank v … Read more
The constitution of the United Kingdom is fundamentally political. Perhaps this view advocated by Griffith is more compelling when considering the nature of the constitution of the United Kingdom. This is particularly upheld by the traditional Diceyan view which proposes that Parliament has the authority to “make or unmake any law whatever” . Consequently, illustrating … Read more
Introduction It is a fundamental principle of medical law and ethics that, before treating a competent patient, a medical professional should get the patient’s consent. In doing so, the medical professional does not commit battery but it also shows the patient has “capacity” which can be expressed in a competent manner. However, this essay will … Read more
“No foresight can anticipate nor any document of reasonable length contain express provisions for all possible questions.” Abraham Lincoln : The First Inaugural Address (1861) Amongst lawyers, there is general consensus that it is virtually impossible to anticipate all questions of law. The primary purpose of law, as a lay-person would see it is to provide order and keep … Read more
In need for impartiality the judiciary holds a position aside from the legislative and executive running independently. The judges have a high degree for deciding the significance and impact of law through their conduct, of the regulation of precedent and statutory elucidation. In order have a better knowledge of the appointment process, we need to … Read more
INTRODUCTION Over the last century, the study of analytical jurisprudence has been filled with debates on what the law is and its relationship with morality. Central to these debates is the legal positivism ideology. This paper seeks to discuss whether the law can be fathomed without the reference to morality or its impact on society, … Read more
Ray, a veteran, sought a compensation payment of $25,000 under the One-Off Payments to War Veterans Act 2015 (Cth) in July 2018. On 14 April 1941, Ray’s military unit surrendered to German military forces, an enemy state, in Greece, where they were taken to an open countryside near sea. The surrender area had no physical … Read more
In the High Court case of Aubrey v The Queen [2017] HCA 18 (Aubrey), t the primary point of contention was whether to accept R v Clarence (Clarence) where, as Bell J noted in [64], “the facts in this appeal mirror those in Clarence in essential respects.”. This commentary takes the position that certainty is … Read more
As people vested with the authority to hear, determine and preside over matters brought before a court of law, there is no question that judges are an innate part of most, if not all, justice systems. Nevertheless, between different countries and legal systems, the role and significance of a judge vary enormously. Common law judges … Read more
Statutory Interpretation consists of four rules in which the judges use in court which entails the literal, golden, mischief rules, and purposive approach. The rule in which judges use first when interpreting the statute is the literal rule; this is where the meaning of the words in the statutes is in its natural unambiguous meaning. … Read more
This essay will explain the use of juries. To follow a comparison will be drawn on a common law system against a civil system. The terms apply and distinguish will be defined together with an understanding as to which term was applied by Lord Tomlin in Hillas & Co, Ltd v Arcos, Ltd [1932] All … Read more
As Parliament is the one that makes the law, the role of judges is to interpret Parliament’s words, while maintaining neutrality and having no bias towards the outcome of the case. They get specific creative power in the manner in which they interpret legislation and like in any other situation, the legislation can have multiple … Read more
Research Question On the evening of Wednesday, 17th March, 2021, the then vice president and now President Samia Suluhu Hassan announced the demise of Tanzania’s President John Pombe Magufuli. She attributed the death to a long standing heart condition. However, speculations quickly arose that the president had succumbed to Covid-19 which he vehemently denied its … Read more
To guarantee food safety and hygiene in food establishments, all food businesses must follow the General Hygiene Practices (GHPs) outlined in Schedule 4 of the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulation, 2011. A. Responsibility of Food Business Operator/Manager – Food businesses should follow the Ministry of Health and Family Welfare’s … Read more
