Horizontal direct effect Horizontal direct effect is a legal doctrine developed by the European Court of Justice (ECJ) whereby individuals can rely on the direct effect of provisions in the Treaties‚ which confer individual rights‚ in order to make claims against other private individuals before national courts. By virtue of the doctrine of the ‘direct effect’ of Treaty provisions‚ individuals can rely directly on EC law before their national courts. There is no need for implementation of EC law
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Introduction: “Two-Kingdoms” Doctrine in Luther’s Thought To argue that Luther’s political theology‚ especially as it pertains to the relationship between church and state‚ is summed up by the language of “Two Kingdoms” diminishes the nuance of his specific political theology. When this doctrine is applied only to situations of church-state relationship‚ it assumes a certain level of ideological consistency likely non-existent with Luther. In fact‚ Luther applies his theory of “Two Kingdoms” in
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LAW OF CONTRACT The doctrine of privity prevented a third party from enforcing a benefit in a contract made between other parties. This position has clearly been altered by the enactment of the Contract (Rights of Third Parties) Act 1999. Today‚ third parties are no longer denied the ability to enforce benefits conferred upon them by a contract between two or more parties. 1. Examine the doctrine of privity and the problems that it faced‚ 2. Discuss the changes brought about by the development
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the use to which the doctrine has been put‚ and its subsequent demise as an effective legal tool. I. THE DOCTRINE Rebus sic stantibus is a doctrine which‚ in simple terms‚ holds that an agreement may‚ when certain conditions are met‚ be partially or wholly abrogated. The conditions necessary may be detailed in the agreement itself‚ but more often the agreement is silent not only as to the particular conditions neces~ary‚ hut also as to recognition of the doctrine itself. Primarily for
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The doctrine of lis pendens1contained in Section 52 of the Transfer of Property Act‚ 1882 (hereinafter “TPA”) and expressed by the maxim ut lite pendente nihil innoveturem bodies the principle of law that “…pending a litigation nothing new should be introduced‚ and provides that pendente lite2‚ neither party to the litigation‚ in which any right to immovable property is in question‚ can alienate or otherwise deal with such property so as to affect his opponent.”3 The basis of this doctrine rests
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majority opinion; Justices Marshall‚ Warren‚ Harlan‚ Brennan‚ Stewart‚ Black and Burger joined the opinion. FACTS: The Federal Communications Commission (FCC) has a fairness doctrine requiring all radio and television broadcasters to present public issues over the airwaves in a civil and balanced way. The fairness doctrine is composed of two main requirements related to personal attacks in the context of public issue debates and political editorializing. The political editorializing rule requires
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contract law The many doctrines of promissory estoppel If one concept in the early part of the contract law syllabus is difficult for the law student to digest‚ it is promissory estoppel‚ usually learned alongside the doctrine of consideration. This article tackles this tricky topic by dissecting promissory estoppel. by Adam Kramer‚ Lecturer in Law‚ University of Durham Promises are special in our society because there is a societal or moral convention that allows a promisor to be treated as
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The Cold War and U.S Diplomacy politic 300 07/31/2011 The Cold War Diplomacy When most people think of President Kennedy’s Diplomacy efforts‚ they will often refer to situations that were resolved using the doctrine of flexible response. This is when the military and White House planners implemented a policy that offered them a range of options to choose from: in dealing with a host of threats. These included: the increased use of conventional forces to small and large nuclear weapons
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juveniles‚ the Supreme Court does not require any special procedural safeguards when they interrogate juveniles or when they use the adult standard to gauge the validity of juveniles’ waivers of Miranda rights (Critics lament that Miranda waiver doctrine is broken‚ n.d.). When it comes to the difference in rights‚ the police and judges have developed extensive protocols to ensure that statements are reliable‚ but there are no similar safeguards for juvenile suspects. Instead‚ to take advantage of
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people‚ as mentioned in the Bible. They saw themselves on a level above the average man‚ but in reality‚ their religion was full of inconsistencies. The Puritans believed in something known as the Doctrine of Elect‚’ hinted at in Romans 8:28-30‚ 9:6-24‚ and later at the Synod of Dort.. The doctrine contradicted the more widely held belief of Pelagianism‚ the belief that man could redeem himself through acts of charity‚ piety‚ and by living an unselfish life. It came to be one of the greatest theological
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