in a federal state like the US or Australia) because all the separate parts are subject to the UK Parliament. This is said to have sovereign power. This means that it is subject to no higher legal authority and has the power and authority to make laws for all the separate parts of the UK. In a federal state‚ the parts reserve powers to themselves. England‚ Wales and Scotland (without Northern Ireland) are sometimes referred to together as Britain. But Britain or Great Britain also sometimes refers
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The Application of Precedent • The process: relevant circumstances in the present case; rule to be applied to the case must be discovered by examining previous similar cases (precedent); rule applied to the circumstances of present case. Example 1 • Considine v Shannon regional Fisheries Board [1994] Costello J: ‘principle of precedent is easy to state‚ but is difficult to apply in practice’ • The issue: after a not guilty verdict (acquittal) in the District Court‚ could an appeal could
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THEORETICAL BACKGROUND Judicial activism has become a subject of controversy in India.1 Recent and past attempts to hinder the power of the courts‚ as well as access to the courts‚ included indirect methods of disciplining the judiciary‚ such as supersession of the judges2 and transfers of inconvenient judges.3 Critics of judicial activism say that the courts usurp functions allotted to the other organs of government. On the other hand‚ defenders of judicial activism assert that the
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The Sources of English Law compared with their French counter parts Introduction The Sources of English Law are many and varied‚ however there are four main types‚ which have different roles and importance in the British Legal system. According to The Chartered Institute of Legal Executives (2013) ‘The four principal sources of UK law are legislation‚ common law‚ European Union law and the European Convention on Human Rights.” French Law also includes two of these four sources‚ as the France
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SOURCES OF LAW OBJECTIVE To provide the candidate with a broad understanding of the Sources of Laws of Kenya: The Constitution Legislation Delegated Legislation. Statutes of General Application in force in England on 12th August 1897. Substance of Common Law and doctrines of equity. African Customary Law. Islamic Law. Hindu Law. Judicial Precedent (Case Law). INTRODUCTION The term sources of law literally means where rues of law are found. This chapter describes the origins of the rules
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Sources of Irish Law Constitution The 1937 Constitution‚ containing 50 articles‚ is the cornerstone of the Irish legal system. It lays down the rules that govern interactions between organs of the state and between the state and the individual. The legal system is based on common law tradition. It may be invoked by individuals to challenge the constitutionality of laws passed by the Oireachtas. Under the terms of Article 6 of the Constitution‚ sovereignty is vested in the Irish people. However
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1.10 SOURCES OF LAW The main sources of law in Malaysia can be categories as follows a. the Federal Constitution b. the 13 Constitution of the States comprising the Federation c. Federal law made by Parliament d. State laws made by State Assemblies e. Federal and State Subsidiary Legislation f. Principles of English Law g. Judicial Precedent/ h. Islamic Law 1.10.1 FEDERAL CONSTITUTION Malaysia has a written constitution unlike the United Kingdom. The Federal Constitution is the
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Sources of English Law By Christopher Richards 9/11/09 Executive Summary In this report I will be discussing the English Legal System‚ its structure and its primary sources. English law and its legal structure forms the basis of many countries common law legal system‚ this includes most commonwealth countries and the United States. English law falls into two broad categories: Civil law - derived from Roman law‚ it is applied when “wrongs” have been made against individuals; it is also know as
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important source of law. It defines customs and gives information about its types and what are the requisite of a valid custom‚ how are they recognized and why are they recognized? In ancient days the customary laws were the only laws as they were practiced by the people. With the passage of time and modernization of society the customary laws are seen as orthodox laws and are fast receding to the statutory laws‚ but still the laws that are passed by the parliament has its root in the customary laws
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Judicial Precedent is the way that English Common Law has evolved since the time of Henry II when courts were unified into a national system‚ making it common throughout England. Integral to it is the Latin phrase ‘stare decisis’ which literally means ‘to stand by what has been decided’. Its meaning in the case of judicial precedent is very similar‚ that a Judge will go by the same ruling as a previous judge has in the same cases; providing that the precedent comes from a higher or equal court‚ if
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