duty to govern in accordance of law; the role of the courts as guarantor of legality and individual right‚ the priceless gift‚ subject only to constraints by law established‚ of individual freedom.”(Lord Bingham of Cornhill‚ The case of Liversidge v Anderson: the Rule of Law Amid the Clash of Arms‚2009) From my view‚ Lord Bingham expressed the importance of rule of law through the comment he gave in the case Liversidge v Anderson(1942).As he claimed in the rule of law that the right of the individual
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Natural Law VS. Positive Law Laws are rules established by a governing authority to organize and maintain orderly existence. It can generally be divided into two principles: Natural law‚ which is based on the divine‚ and Positive law which states that laws are what the lawmakers command. Throughout history many philosophers have come to be linked to either branch of law. Philosophers such as Aristotle advocated Natural law‚ while others‚ such as Thomas Hobbes‚ supported Positive law. Each
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IMPROVING AUSTRALIA’S LAW AND JUSTICE FRAMEWORK A discussion paper to explore the scope for reforming Australian contract law 2012 © Commonwealth of Australia 2012 All material presented in this publication is provided under a Creative Commons Attribution 3.0 Australia (http://creativecommons.org/licenses/by/3.0/au/deed.en) licence. For the avoidance of doubt‚ this means this licence only applies to material as set out in this document.
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Common Law Tradition and Sources of Law Common Law Tradition: In early England‚ there was desire to establish a legal system that did not settle disputes by simply relying on local customs and traditions. Instead‚ there was desire to use a uniform legal system throughout the entire country. “What evolved was the beginning of common law‚ a body of general rules that applied throughout the entire English realm. Eventually‚ the common law tradition became part of the heritage of all nations
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Role and Functions of Law LAW 421 Role and Functions of Law The role and functions are all based on its purpose; the purposes of law begin when domination and power of higher authority had no consideration for the rights of individuals (Melvin). The United States has created laws to help justice in society from many angles‚ in this case education and the workplace‚ and promoting good faith dealing among businesses. There are four sources (primary sources) of law that have federal and state
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Customary International Law in the 21st Century: Old Challenges and New Debates 1. Roozbeh (Rudy) B. Baker* 1. *Adjunct Professor of Law‚ Pepperdine University‚ Malibu‚ Cal. BA‚ University of California at San Diego; JD‚ University of Illinois; LLM‚ University of California at Berkeley; PhD Candidate (Politics and International Relations)‚ University of Southern California. Email:Rudy.Baker{at}yahoo.com. Next Section Abstract This article will survey the new non-traditional scholarship which
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Republic of the Philippines CONGRESS OF THE PHILIPPINES Metro Manila Twelfth Congress Second Regular Session Begun and held in Metro Manila‚ on Monday‚ the twenty-second day of July‚ two thousand two. Republic Act No. 9182 December 23‚ 2002 AN ACT GRANTING TAX EXEMPTIONS AND FEE PRIVILEDGES TO SPECIAL PURPOSE VEHICLES WHICH ACQUIRE OR INVEST IN NON-PERFORMING ASSETS‚ SETTING THE REGULATORY FRAMEWORK THEREFOR‚ AND FOR OTHER PURPOSES
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INTRODUCTION The law of contract is the collection of legal rules which govern contracts. These rules‚ in turn‚ are part of the law of obligations‚ a subdivision of the law of property which is traditionally regarded as part of private law. Private law governs the persons (legal subject) in their personal or private capacity before the law in relation to other legal subjects. In other word‚ private law can be defined as balance and protect legitimate individual interests. Traditionally private law‚ being
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African Consolidated Resources Plc and Others Minister of Mines and Mining Development and Others (HC 6411/07) [2010] ZWHHC 86 (6 September 2010) Download original filesPDF format RTF format | | Bookmark/share this page | [Context] [Hide Context] HH 205-2010 HC 6411/07 IN THE HIGH COURT OF ZIMBABWE HELD AT HARARE In the matter between:- AFRICAN CONSOLIDATED RESOURCES Plc and DASHALOO INVESTMENTS (PVT) LTD and POSSESSION INVESTMENTS (PVT) LTD and HEAVY STUFF INVESTMENTS
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NATURAL LAW ROBERT P. GEORGE* Oliver Wendell Holmes‚ the legal philosopher and judge whom Richard Posner has‚ with admiration‚ dubbed “the American Nietzsche‚”1 established in the minds of many people a certain image of what natural law theories are theories of‚ and a certain set of reasons for supposing that such theories are misguided and even ridiculous. While I have my own reasons for admiring some of Holmes’s work—despite‚ rather than because of‚ the Nietzscheanism that endears him
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