Discuss the meaning of ‘justice’ and analyze the extent to which the English Legal system succeeds in achieving justice

It is difficult to determine whether the English legal system achieves justice or not, as the English legal system uses precedent to create, apply and enforce justice. however , bad precedent frequently creates injustices as seen in R v R 1991. This was hugely significant as it showed the injustice women frequently faced and the … Read more

Conflict of assisted suicide & repercussions from Airedale v Bland

The uncertainty and complexity surrounding the legality of euthanasia has plagued the English legal system for decades, with terminally ill patients insisting they should have the choice to die when and how they wish. At present, suicide is legal but section 2 of the Suicide Act 1961 affirms that those who assist these patients in … Read more

The Human Rights Act 1998: Euthanasia

Euthanasia by definition is ‘the painless killing of a patient suffering from an incurable and painful disease or in an irreversible coma’ (English Oxford Dictionary, 2016). The word Euthanasia is derived from the Greek meaning of ‘easy death’. It can also be referred to as ‘assisted suicide’. There are two classifications of ways in which … Read more

Law & morality are connected to reflect opinions of society

It can be argued that law and morality’s intertwining connection cannot be mere coincidence. The Academic Lisska suggests that the “connection between a moral theory and a legal theory should not be surprising.” based on Aquinas’s theory of Natural Law. Aquinas’s Natural Law theory depends of the belief that morals and the law are connected … Read more

Concept of culpability – at the heart of criminal law

At the heart of criminal law is the concept of culpability. The importance of culpability ensures that the defendant is punished representatively of their specific wrongdoing and their blameworthiness is determined through their intention. Although for other offences in criminal law culpability is well affirmed, problems arise with regard to homicide law. Culpability within homicide … Read more

The EU Intervention on design protection (draft)

With the ambition to give registered design right holder equivalent protection across the EU states, national registered design law has been effectively harmonised by directives . The EU intervention does not go beyond some other forms of design protection modified in CDPA 1988, i.e. the artistic copyright and UK UDR remain effective. In the UK, … Read more

Is Fracking Adequately Regulated?

Hydraulic fracturing or ‘fracking’ has been the topic of much debate over recent years in the UK due to the desire to exploit the UK’s significant onshore resources of shale gas . In this essay ‘government’ refers to the Conservative-led governing body of England. Current government policy is aiming to start shale gas fracking as … Read more

The European Withdrawal Act 2018

The European Withdrawal Act 2018 is of great importance to the legal systems of the UK. It does two main things. The Act repeals the European Communities Act 1972 – which is the legislation that currently gives legal authority for EU law to have effect as national law in the UK – and it preserves … Read more

Ethical and Legal Implications of Autonomy

Within the healthcare system, it is important for healthcare professionals to maintain ethical standards, including those that govern respect for persons, a primary component of which is autonomy, and beneficence. According to R.G. Rodriguez, Ph.D. (2009), autonomy is an element within the professional code of healthcare ethics that allows for a patient to govern themselves … Read more

Gillick Test for minors / paramountcy principle & disparity with treatment of capacity in adults

Arguably, both in the case of mature minors and children, English medical law always prioritises welfare over their choices. Patient autonomy, understood here as the right for competent individuals to exercise control over their medical treatment, must include both the right to refuse and to consent to treatment. The former, however, is where we see … Read more

Elements and Validity of Contract under Section 14 of Contracts Act 1950 (Malaysia)

Introduction A contract is defined as ‘an agreement enforceable by law’ or ‘agreement which is legally binding between the parties an agreement which binds the parties concerned. To have an agreement, there must be an offer and an acceptance of that offer. According to the legislation in Malaysia, contract has been defined as what has … Read more