LEGAL SYSTEMS What is a legal system It is an operating set of legal institutions‚ procedures and rules regulating a given society From a law perspective: restricted to where the ’sovereign’ commands different laws for different groups of the population From a non state perspective: includes the system of courts and judges supported by the state as well as non legal forms of normative ordering. Normative ordering - e.g. Written codes‚ security forces‚ tribunals etc which replicate the structure
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What Is delegated legislation? • Delegated (or subordinate or subsidiary) legislation refers to those laws made by persons or bodies to whom parliament has delegated law-making authority • Where acts are made by parliament‚ each principal act makes provision for subsidiary legislation to be made‚ and will specify who has the power to do so under that act • Delegated legislation can only exist in relation to an enabling act • Delegated legislation contains the many administrative details
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APPLICATION AND REFORM NEEDS OF THE ENVIRONMENTAL LAWS IN BANGLADESH Syeda Rizwana Hasan* 1. Development of Environmental Law at the Global Level The Agenda 21 of United Nations Convention of on Environment and Development (UNCED) in its Chapter 8‚ 38 and 39 emphasized on the need to develop capacity in the legal and institutional areas for sustainable development in developing countries. Chapter 8.13 of the Agenda noted that laws and regulations suited to country-specific conditions are
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INTRODUCTION Public Interest Litigation: The term "Public Interest" means the larger interests of the public‚ general welfare and interest of the masses ((Oxford English Dictionary 2nd Edn.) Vol.Xll) and the Word “Litigation” means "a legal action including all proceedings therein‚ initiated in a court of Law with the purpose of enforcing a right or seeking a remedy." Thus‚ the expression `Public Interest Litigation’ means "any litigation conducted for the benefit of public or for removal of some
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The “Indoor Management Rule” apparently developed as a means of mitigating the harshness and burdens of the doctrine of constructive notice in relation to outsiders dealing with companies; the doctrine of constructive notice states that persons dealing with a company are deemed to have notice of the contents of its registered documents. The reason for this was stated by‚ Lord Wensleydale in Ernest v Nicholls to be the fact of the public nature of registration: All persons therefore‚ must take notice
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3.2 Agency An agent is a person authorized to negotiate and enter into contracts on behalf of another who is known as the principal in his dealings with a third party. The legal relationship between an agent and a principal is an agency. For examples‚ between a client as a principal (P) and lawyer as an agent(A)‚ employer (P) and employee (A)‚ house owner (P) and housing agent (A) and others. The principal and the agent are in an employment contract where the terms of appointment and authority have
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PART A: This problem is a straight forward problem in judicial review and prerogative remedies. Judicial review can be done through Prerogative orders. Judicial review refers to the Court’s review of a lower or administrative body’s factual or legal findings[1]. Prerogative remedies are remedies which if not always are designed from the first for the control of governmental duties and powers‚ have long been used for the purpose especially[2]. These remedies are such as certiorari‚ mandamus
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Habeas Corpus: Case studies INTRODUCTION The right of personal liberty is guaranteed by Article 21 which says‚ ‘no person shall be deprived of his life or personal liberty except according to procedure established by law.’ The writ of habeas corpus has nonetheless long been celebrated as the most efficient safeguard of the right to personal liberty. The jurist Albert Venn Dicey wrote that the British Habeas Corpus Acts "declare no principle and define no rights‚ but they are for practical
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shown in the case of Francovich6‚ which produced indirect effect through the co-operation of the ECJ and the national courts. This doctrine is vital for the development of the system of remedies‚ which subvert around the restrictions of the strict locus standi requirements of direct actions. The preliminary reference procedure represents half of the European Court of Justice’s (ECJ) given
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The area of law in which this question is concerned is judicial review. Judicial review can be defined as ‘… the means by which the Courts control the exercise of Governmental powers.’ The Courts will look at the way in which a decision was made‚ not the decision itself‚ to find out if any powers have been abused. Judicial review is an application to the Courts to assess an action or decision made by a public body on a point of public law. A particular decision may be found to be in breach of natural
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