This document provides information about the editorial advisory board for the Principles of Law series published by Cavendish Publishing Limited. It lists five professors who comprise the board and their university affiliations. It states that each title in the series is read and approved by an independent specialist under the aegis of the board to ensure balance of content and accessibility. The board also oversees the development of the series as a whole to ensure conformity.
This document provides information on the constitutional mechanisms for implementing international human rights law in India, including the Protection of Human Rights Act of 1993 which established the National Human Rights Commission of India and State Human Rights Commissions. It discusses the composition, functions, and powers of these commissions. Key points include that the National Human Rights Commission is tasked with protecting rights relating to life, liberty, equality and dignity as defined in the constitution and international covenants. It can inquire into human rights violations, recommend compensation, and submit reports to central and state governments. Similar State Human Rights Commissions were also established to focus on subjects in the State and Concurrent lists.
- An idol is considered a juristic person under law and can own property. The property of a temple vests with the idol, which is represented by a pujari or guardian.
- The Supreme Court has held that an idol is a juristic person capable of holding property and being taxed through its shebait.
- While a Lahore High Court considered a mosque a juristic person, the Privy Council overturned this, stating there is no analogy between an idol and a mosque.
- The Supreme Court also held that the Guru Granth Sahib is a legal person for Sikhs, as it is their holy text and nucleus of the Gurudwara, though other religious
This ppt basically covers the all aspects of delegated legislstion. it not only covers its contextual backgrounds but tries to cover its aspects in administrative law. Through this, one can be able to understand each and everything about delegated legislation. It is for the basic learners to the law students too. It identifies the principles of delegated legislation in every field and it puts more emphasis in understanding the basic law behind this concept.
- The document discusses procedures for lawsuits involving the government or public officials under Sections 79-82 of the Indian Code of Civil Procedure.
- It notes that notice must be given to the government or public officer being sued at least two months before filing a lawsuit against them regarding acts done in their official capacity.
- Exceptions to the notice requirement allow for urgent legal action with court approval, and errors in the notice will not result in dismissal if key information is provided.
This document defines key terms from Article 12 of the Indian Constitution, including the definition of "State" and "authority". It notes that the term State includes the executive and legislative branches of both the Union and states. It also defines local authorities as bodies like municipalities and district boards, and other authorities as those mentioned alongside the government and legislatures. The document concludes with a Supreme Court case that established multiple factors for determining if a body falls under Article 12, including financial, functional, and administrative control by the state.
The document summarizes key changes brought by the Hindu Succession Amendment Act of 2005 to the original Hindu Succession Act of 1956. The 2005 amendment aims to remove gender discrimination by giving daughters equal rights to ancestral coparcenary property as sons. It provides that daughters, like sons, have birthright as coparceners in joint Hindu family property. However, this does not apply retroactively to married daughters before 2005. The amendment also makes women's inheritance rights in agricultural land equal to men's. It removes other discriminatory provisions regarding female inheritance and rights to the parental dwelling house.
The document discusses amendments made to Section 6 of the Hindu Succession Act in 2005 regarding a daughter's rights to ancestral coparcenary property. The key changes are:
1) Daughters are now coparceners in their own right, equally to sons, giving them the same rights and liabilities over the ancestral property.
2) A daughter's share in the coparcenary property is determined at birth, not on partition, and she has equal rights as a son to seek partition.
3) A daughter's share cannot be disposed of through a will and becomes her separate property. These changes aim to end gender discrimination in ancestral property rights.
1. Rule of law refers to a system where law governs a nation rather than individual government officials, and people are ruled by law instead of individual men.
2. A key scholar defined three aspects of rule of law: supremacy of law, equality before the law, and predominance of legal spirit.
3. While not explicitly mentioned in the Indian Constitution, Indian courts have recognized rule of law as a basic governing principle and have expanded its scope through judicial decisions establishing principles like separation of powers and judicial review.
This document provides information on the constitutional mechanisms for implementing international human rights law in India, including the Protection of Human Rights Act of 1993 which established the National Human Rights Commission of India and State Human Rights Commissions. It discusses the composition, functions, and powers of these commissions. Key points include that the National Human Rights Commission is tasked with protecting rights relating to life, liberty, equality and dignity as defined in the constitution and international covenants. It can inquire into human rights violations, recommend compensation, and submit reports to central and state governments. Similar State Human Rights Commissions were also established to focus on subjects in the State and Concurrent lists.
- An idol is considered a juristic person under law and can own property. The property of a temple vests with the idol, which is represented by a pujari or guardian.
- The Supreme Court has held that an idol is a juristic person capable of holding property and being taxed through its shebait.
- While a Lahore High Court considered a mosque a juristic person, the Privy Council overturned this, stating there is no analogy between an idol and a mosque.
- The Supreme Court also held that the Guru Granth Sahib is a legal person for Sikhs, as it is their holy text and nucleus of the Gurudwara, though other religious
This ppt basically covers the all aspects of delegated legislstion. it not only covers its contextual backgrounds but tries to cover its aspects in administrative law. Through this, one can be able to understand each and everything about delegated legislation. It is for the basic learners to the law students too. It identifies the principles of delegated legislation in every field and it puts more emphasis in understanding the basic law behind this concept.
- The document discusses procedures for lawsuits involving the government or public officials under Sections 79-82 of the Indian Code of Civil Procedure.
- It notes that notice must be given to the government or public officer being sued at least two months before filing a lawsuit against them regarding acts done in their official capacity.
- Exceptions to the notice requirement allow for urgent legal action with court approval, and errors in the notice will not result in dismissal if key information is provided.
This document defines key terms from Article 12 of the Indian Constitution, including the definition of "State" and "authority". It notes that the term State includes the executive and legislative branches of both the Union and states. It also defines local authorities as bodies like municipalities and district boards, and other authorities as those mentioned alongside the government and legislatures. The document concludes with a Supreme Court case that established multiple factors for determining if a body falls under Article 12, including financial, functional, and administrative control by the state.
The document summarizes key changes brought by the Hindu Succession Amendment Act of 2005 to the original Hindu Succession Act of 1956. The 2005 amendment aims to remove gender discrimination by giving daughters equal rights to ancestral coparcenary property as sons. It provides that daughters, like sons, have birthright as coparceners in joint Hindu family property. However, this does not apply retroactively to married daughters before 2005. The amendment also makes women's inheritance rights in agricultural land equal to men's. It removes other discriminatory provisions regarding female inheritance and rights to the parental dwelling house.
The document discusses amendments made to Section 6 of the Hindu Succession Act in 2005 regarding a daughter's rights to ancestral coparcenary property. The key changes are:
1) Daughters are now coparceners in their own right, equally to sons, giving them the same rights and liabilities over the ancestral property.
2) A daughter's share in the coparcenary property is determined at birth, not on partition, and she has equal rights as a son to seek partition.
3) A daughter's share cannot be disposed of through a will and becomes her separate property. These changes aim to end gender discrimination in ancestral property rights.
1. Rule of law refers to a system where law governs a nation rather than individual government officials, and people are ruled by law instead of individual men.
2. A key scholar defined three aspects of rule of law: supremacy of law, equality before the law, and predominance of legal spirit.
3. While not explicitly mentioned in the Indian Constitution, Indian courts have recognized rule of law as a basic governing principle and have expanded its scope through judicial decisions establishing principles like separation of powers and judicial review.
This document outlines the principles of state jurisdiction in international law, including the different types of jurisdiction (exclusive, concurrent, criminal, civil) and the general principles on which states claim criminal jurisdiction (territorial, nationality, protective, universality, passive personality). It also discusses conflict of jurisdiction that can arise when multiple states have a valid claim, the process of extradition between states, and immunity from jurisdiction for certain persons and entities under international law like sovereign immunity.
maintenance of wives, children and parentsraj kishor
This document discusses maintenance laws in India. It begins by defining maintenance and discussing maintenance under Hindu law, Muslim law, and the Criminal Procedure Code. The key points are:
1) Maintenance refers to financial support provided by a spouse or family member to someone unable to maintain themselves. It aims to maintain the recipient's standard of living.
2) The Criminal Procedure Code allows wives, children, and parents to seek maintenance from someone with sufficient means if they cannot maintain themselves.
3) Maintenance of wives seeks to prevent immorality and destitution. It is the husband's duty to provide financially for his wife.
The document summarizes the Legal Services Authority Act of 1987 in India. It discusses key provisions of the act including establishing legal aid clinics, criteria for providing legal aid based on socioeconomic status, and creating a hierarchy of legal bodies at the national, state, district and local levels. It also describes Lok Adalats, which are specialized courts established under the act to facilitate alternative dispute resolution. Lok Adalats have jurisdiction over pending and new cases up to 10 lakhs rupees and promote speedy and affordable justice through conciliation and settlement.
What is intervention and when it is permitted under international lawDavid Vishnoi
Intervention is defined as dictatorial interference by one state in the affairs of another state. It generally violates the principle of non-intervention, but international law allows for exceptions including self-defense and collective actions authorized by the UN Security Council. Intervention can involve force (military intervention) or influence without force (diplomatic intervention). Historically other grounds were used to justify intervention such as humanitarianism or enforcing treaty rights, but the UN Charter now prohibits all uses of force or threats of force by states against other states.
Judicial review refers to the process by which courts exercise control over the findings and interpretations of governmental agencies. It is not explicitly mentioned in the Constitution but was established in Marbury v. Madison. Judicial review allows courts to determine the meaning of legislation and invalidate unconstitutional statutes. It provides guidance to agencies and acts as a check on administrative overreach. There are two major aspects - access to review, governed by concepts like ripeness, standing, and mootness, and the scope of review, regarding how much deference courts give to agency actions.
The document discusses various legal concepts related to property law and easements in India. It begins by defining an onerous gift as a gift subject to conditions imposed on the recipient. It then provides definitions for legal terms like charge, notice, ostensible owner, dominant and servient heritage. It also distinguishes between sale and contract of sale. The status of unborn children under property law is discussed, noting that an unborn child can own property and is considered a legal person for certain purposes like inheritance.
The American Convention on Human Rights (ACHR) is an international treaty that protects civil, political, economic, social and cultural rights of citizens in countries within the Organization of American States. It established the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights to monitor compliance and resolve disputes. The Convention protects a wide range of individual rights and freedoms and allows for their suspension during war or other emergencies, while distinguishing itself from the European Convention on Human Rights through its emphasis on individual duties as well as rights.
This document discusses culpable homicide and murder under Indian law. It begins by noting that murder accounts for 59% of convictions under the Indian Penal Code. It then examines the origins and meanings of homicide and murder from Latin and Old French roots. The key differences between culpable homicide and murder are outlined, with murder requiring intent to cause death or knowledge that an act could likely cause death, while culpable homicide has a broader scope. Punishments are also specified under sections 302 and 304 of the Indian Penal Code. Case examples are provided to help distinguish between the two offenses.
Pengantar Hukum Internasional - North Sea Continental Shelf CaseMariske Myeke Tampi
The North Sea Continental Shelf case involved a dispute between Germany, Denmark, and the Netherlands over the delimitation of their continental shelf boundaries in the North Sea. The key issues were whether the equidistance principle in Article 6 of the 1958 Continental Shelf Convention should be applied to determine the boundaries, and whether the International Court of Justice had jurisdiction based on the consent of the states involved. The Court ultimately applied the equidistance principle and asserted its jurisdiction based on the consent of Germany, Denmark, and the Netherlands.
This document discusses the concept and object of limitation under Indian law. It defines limitation as a prescribed time limit for legal actions according to statute. The main objects of limitation are to prevent long dormant claims, protect defendants who may have lost evidence, and encourage prompt filing of claims. Limitation periods are intended to limit controversies to a fixed time period. The Limitation Act 1963 in India contains provisions for limitation periods for suits, appeals, and other applications. Court decisions have found that the object of limitation is to prevent disturbance of long enjoyment and to discourage stale claims. Important limitation periods outlined include 6 years for contracts and torts, and 12 years for contracts under seal or recovery of land.
An ostensible owner is someone who appears or seems to be the owner of a property but is not the real owner. Section 41 of the Transfer of Property Act protects bona fide transactions where a property is transferred by an ostensible owner. To qualify for protection, the transferee must have acted honestly and taken reasonable care to ascertain the transferor's ownership, and the real owner must have consented, through their conduct, to the ostensible ownership. The section creates an estoppel against the real owner from disputing the validity of such a transfer.
Prize courts are national courts established by belligerent states to determine ownership over enemy property seized at sea, such as goods in violation of blockade or contraband rules. While prize courts apply the establishing state's law, they also aim to follow international law. This was demonstrated in the famous British case The Zamora, which established that prize courts are bound by acts of parliament but not orders contradicting international law. Another important case, The Appam, affirmed a neutral American court's jurisdiction to determine violations of its neutrality when a German-seized British ship entered U.S. waters during WWI.
What is international dispute? What are the various ways of settling the international dispute? Explain Pacific means of settling the dispute. Explain the coercive method of solving the dispute. In this ppt we deal with all these question that will be helpful for law exams.
According to Salmond the theory of sovereignty may be reduced to the following three fundamental propositions. He regards the first of these proposi¬tions as correct and the second and third without any solid foundation.
Matrimonial Remedies Under Hindu Marriage Act,1955Rashmi Dubey
This document discusses the Hindu Marriage Act of 1955 and the matrimonial remedies it provides. It focuses on the remedy of restitution of conjugal rights under Section 9 of the Act. This allows an aggrieved spouse to petition the court if the other spouse withdraws from their society without reasonable excuse. The document discusses what constitutes a valid withdrawal, reasonable excuses, cases related to employment interfering with marital obligations, and that reasons must be weighed based on circumstances in modern times.
Asylum provides shelter and protection by a host state to citizens of another state. There are two kinds of asylum: territorial asylum, which is granted within a state's own territory where it has sovereignty, and extra-territorial asylum, which can be granted outside a state's territory in places like embassies, consulates, warships, or international institutions in some cases. Extra-territorial asylum allows states to protect individuals in other states by granting protection in areas considered under the host state's jurisdiction rather than the local state.
An evaluation of women status after thirty years of cedawSaeed Anwar
This document provides an overview and analysis of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). It discusses key aspects of CEDAW such as its principles, significance, articles, and the role of the UN and Committee on CEDAW. It also summarizes CEDAW's impact on women's status and rights in several countries between 1979-2009. Finally, it analyzes CEDAW's approach, Bangladesh's reservations to CEDAW, and implementation of CEDAW in Bangladesh as it relates to women's socioeconomic status.
This document provides a summary of a textbook on business law. It describes the companion website that accompanies the textbook, which provides resources to keep the content up to date and enhance resources for students and lecturers. The website includes termly updates, self-assessment tests, links to relevant websites and ebooks, revision guidance, and a forum for students to ask the author questions. The textbook is in its fourth edition and authored by three lecturers from Staffordshire University.
Principles of criminal_law__principles_of_law_series_Hung Nguyen
This document provides information about the fourth edition of the textbook "Bloy and Parry's Principles of Criminal Law". It lists the editorial advisory board for the Principles of Law series. It also provides a preface written by the authors, Mike Molan, Denis Lanser and Duncan Bloy, discussing updates to the fourth edition, including judicial decisions and law reform proposals published since the third edition. The preface states that the book aims to reflect developments in the substantive criminal law from 1997 to 2000.
This document outlines the principles of state jurisdiction in international law, including the different types of jurisdiction (exclusive, concurrent, criminal, civil) and the general principles on which states claim criminal jurisdiction (territorial, nationality, protective, universality, passive personality). It also discusses conflict of jurisdiction that can arise when multiple states have a valid claim, the process of extradition between states, and immunity from jurisdiction for certain persons and entities under international law like sovereign immunity.
maintenance of wives, children and parentsraj kishor
This document discusses maintenance laws in India. It begins by defining maintenance and discussing maintenance under Hindu law, Muslim law, and the Criminal Procedure Code. The key points are:
1) Maintenance refers to financial support provided by a spouse or family member to someone unable to maintain themselves. It aims to maintain the recipient's standard of living.
2) The Criminal Procedure Code allows wives, children, and parents to seek maintenance from someone with sufficient means if they cannot maintain themselves.
3) Maintenance of wives seeks to prevent immorality and destitution. It is the husband's duty to provide financially for his wife.
The document summarizes the Legal Services Authority Act of 1987 in India. It discusses key provisions of the act including establishing legal aid clinics, criteria for providing legal aid based on socioeconomic status, and creating a hierarchy of legal bodies at the national, state, district and local levels. It also describes Lok Adalats, which are specialized courts established under the act to facilitate alternative dispute resolution. Lok Adalats have jurisdiction over pending and new cases up to 10 lakhs rupees and promote speedy and affordable justice through conciliation and settlement.
What is intervention and when it is permitted under international lawDavid Vishnoi
Intervention is defined as dictatorial interference by one state in the affairs of another state. It generally violates the principle of non-intervention, but international law allows for exceptions including self-defense and collective actions authorized by the UN Security Council. Intervention can involve force (military intervention) or influence without force (diplomatic intervention). Historically other grounds were used to justify intervention such as humanitarianism or enforcing treaty rights, but the UN Charter now prohibits all uses of force or threats of force by states against other states.
Judicial review refers to the process by which courts exercise control over the findings and interpretations of governmental agencies. It is not explicitly mentioned in the Constitution but was established in Marbury v. Madison. Judicial review allows courts to determine the meaning of legislation and invalidate unconstitutional statutes. It provides guidance to agencies and acts as a check on administrative overreach. There are two major aspects - access to review, governed by concepts like ripeness, standing, and mootness, and the scope of review, regarding how much deference courts give to agency actions.
The document discusses various legal concepts related to property law and easements in India. It begins by defining an onerous gift as a gift subject to conditions imposed on the recipient. It then provides definitions for legal terms like charge, notice, ostensible owner, dominant and servient heritage. It also distinguishes between sale and contract of sale. The status of unborn children under property law is discussed, noting that an unborn child can own property and is considered a legal person for certain purposes like inheritance.
The American Convention on Human Rights (ACHR) is an international treaty that protects civil, political, economic, social and cultural rights of citizens in countries within the Organization of American States. It established the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights to monitor compliance and resolve disputes. The Convention protects a wide range of individual rights and freedoms and allows for their suspension during war or other emergencies, while distinguishing itself from the European Convention on Human Rights through its emphasis on individual duties as well as rights.
This document discusses culpable homicide and murder under Indian law. It begins by noting that murder accounts for 59% of convictions under the Indian Penal Code. It then examines the origins and meanings of homicide and murder from Latin and Old French roots. The key differences between culpable homicide and murder are outlined, with murder requiring intent to cause death or knowledge that an act could likely cause death, while culpable homicide has a broader scope. Punishments are also specified under sections 302 and 304 of the Indian Penal Code. Case examples are provided to help distinguish between the two offenses.
Pengantar Hukum Internasional - North Sea Continental Shelf CaseMariske Myeke Tampi
The North Sea Continental Shelf case involved a dispute between Germany, Denmark, and the Netherlands over the delimitation of their continental shelf boundaries in the North Sea. The key issues were whether the equidistance principle in Article 6 of the 1958 Continental Shelf Convention should be applied to determine the boundaries, and whether the International Court of Justice had jurisdiction based on the consent of the states involved. The Court ultimately applied the equidistance principle and asserted its jurisdiction based on the consent of Germany, Denmark, and the Netherlands.
This document discusses the concept and object of limitation under Indian law. It defines limitation as a prescribed time limit for legal actions according to statute. The main objects of limitation are to prevent long dormant claims, protect defendants who may have lost evidence, and encourage prompt filing of claims. Limitation periods are intended to limit controversies to a fixed time period. The Limitation Act 1963 in India contains provisions for limitation periods for suits, appeals, and other applications. Court decisions have found that the object of limitation is to prevent disturbance of long enjoyment and to discourage stale claims. Important limitation periods outlined include 6 years for contracts and torts, and 12 years for contracts under seal or recovery of land.
An ostensible owner is someone who appears or seems to be the owner of a property but is not the real owner. Section 41 of the Transfer of Property Act protects bona fide transactions where a property is transferred by an ostensible owner. To qualify for protection, the transferee must have acted honestly and taken reasonable care to ascertain the transferor's ownership, and the real owner must have consented, through their conduct, to the ostensible ownership. The section creates an estoppel against the real owner from disputing the validity of such a transfer.
Prize courts are national courts established by belligerent states to determine ownership over enemy property seized at sea, such as goods in violation of blockade or contraband rules. While prize courts apply the establishing state's law, they also aim to follow international law. This was demonstrated in the famous British case The Zamora, which established that prize courts are bound by acts of parliament but not orders contradicting international law. Another important case, The Appam, affirmed a neutral American court's jurisdiction to determine violations of its neutrality when a German-seized British ship entered U.S. waters during WWI.
What is international dispute? What are the various ways of settling the international dispute? Explain Pacific means of settling the dispute. Explain the coercive method of solving the dispute. In this ppt we deal with all these question that will be helpful for law exams.
According to Salmond the theory of sovereignty may be reduced to the following three fundamental propositions. He regards the first of these proposi¬tions as correct and the second and third without any solid foundation.
Matrimonial Remedies Under Hindu Marriage Act,1955Rashmi Dubey
This document discusses the Hindu Marriage Act of 1955 and the matrimonial remedies it provides. It focuses on the remedy of restitution of conjugal rights under Section 9 of the Act. This allows an aggrieved spouse to petition the court if the other spouse withdraws from their society without reasonable excuse. The document discusses what constitutes a valid withdrawal, reasonable excuses, cases related to employment interfering with marital obligations, and that reasons must be weighed based on circumstances in modern times.
Asylum provides shelter and protection by a host state to citizens of another state. There are two kinds of asylum: territorial asylum, which is granted within a state's own territory where it has sovereignty, and extra-territorial asylum, which can be granted outside a state's territory in places like embassies, consulates, warships, or international institutions in some cases. Extra-territorial asylum allows states to protect individuals in other states by granting protection in areas considered under the host state's jurisdiction rather than the local state.
An evaluation of women status after thirty years of cedawSaeed Anwar
This document provides an overview and analysis of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). It discusses key aspects of CEDAW such as its principles, significance, articles, and the role of the UN and Committee on CEDAW. It also summarizes CEDAW's impact on women's status and rights in several countries between 1979-2009. Finally, it analyzes CEDAW's approach, Bangladesh's reservations to CEDAW, and implementation of CEDAW in Bangladesh as it relates to women's socioeconomic status.
This document provides a summary of a textbook on business law. It describes the companion website that accompanies the textbook, which provides resources to keep the content up to date and enhance resources for students and lecturers. The website includes termly updates, self-assessment tests, links to relevant websites and ebooks, revision guidance, and a forum for students to ask the author questions. The textbook is in its fourth edition and authored by three lecturers from Staffordshire University.
Principles of criminal_law__principles_of_law_series_Hung Nguyen
This document provides information about the fourth edition of the textbook "Bloy and Parry's Principles of Criminal Law". It lists the editorial advisory board for the Principles of Law series. It also provides a preface written by the authors, Mike Molan, Denis Lanser and Duncan Bloy, discussing updates to the fourth edition, including judicial decisions and law reform proposals published since the third edition. The preface states that the book aims to reflect developments in the substantive criminal law from 1997 to 2000.
This document provides an overview of the Malaysian legal system and various aspects of Malaysian law. It discusses the reception of English law in Malaysia through the doctrine of reception. It examines how English law was received in the Straits Settlements, Federated Malay States, Unfederated Malay States, Sabah and Sarawak. It also explores the application of English law in Malaysia today through the Civil Law Act 1956. The document contains 18 chapters that cover additional topics like legal theory, major legal systems, federal and state constitutions, legislation, Islamic law, customary law, and jurisdiction of Malaysian courts.
This document provides information about a business law textbook. It discusses the textbook's companion website which provides updated resources for students and lecturers. It also lists the authors and publication details. The preface explains that the textbook aims to provide students with sufficient knowledge of business law topics at an appropriate level, without focusing too narrowly or broadly. It also notes updates made in the fifth edition.
The Practitioner's Guide to Global Investigation is published by Global Investigations Review - a news and analysis service for lawyers and related professionals who specialise in cross-border white-collar crime.
Legal statement on cryptoassets and smart contract uk jurisdiction taskforceRein Mahatma
The Legal Statement has been prepared by Lawrence Akka QC, David Quest QC, Matthew
Lavy and Sam Goodman, all of whom are experts in this field. It is not my role as a judge,
nor that of the UKJT or its parent, the UK’s LawTech Delivery Panel, to endorse the contents
of the Legal Statement. Instead, the UKJT has promoted several rounds of public and
private consultation so as to ensure that the drafting team were considering the right legal
questions, and had the benefit of the most respected expert, technical, legal, judicial and
academic opinion.
The objective of the Legal Statement is to provide the best possible answers to the critical
legal questions under English law. I am sure that it will demonstrate the ability of the
common law in general, and English law in particular, to respond consistently and flexibly
to new commercial mechanisms
2015 09 10 Peter Boase LLM Dissertation.PdfLeonard Goudy
This dissertation aims to determine whether there is an implied term within the Scheme for Construction Contracts that results in a new cause of action when complying with an adjudicator's decision. The research will critically evaluate two key cases - Jim Ennis Construction Ltd v Premier Asphalt Ltd and Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc - in which two High Court judges disagreed on this issue. The research objectives are to identify relevant case law and legislation, evaluate the two cases and their progression through the courts, and formulate a position on whether the Scheme requires amendment to include an express term addressing this gap. The justification is that clarifying this issue could reduce litigation, tighten adjudication
Ministerial override certificates and the law fact distinction – A comparison...Hannah Vieira
The document discusses the approach of courts in Australia and the United Kingdom to Ministerial override certificates and the distinction between questions of fact and law. It summarizes key cases from the UK that established courts will review Ministerial overrides for jurisdictional error, and a Minister cannot simply disagree with an independent tribunal's factual findings without providing additional justification. The UK Supreme Court recently divided on whether a Minister could override a tribunal's decision to disclose certain letters from the Prince of Wales under the Freedom of Information Act.
HOOVER'S BUILDING CODE COMMITTEE REPORT -- 1925Roch Steinbach
AS EARLLY AS THE 1920'S there were widespread complaints in the construction industry, about inconsistency in the way building codes were being implemented. In 1920 the Senate Select Committee on Reconstruction and Production concluded: "The building codes of the country have not been developed upon scientific data, but rather on compromises; they are not uniform in principle and in many instances
involve an additional cost of construction without assuring most useful or more durable buildings. TWO YEARS LATER, new Secretary of Commerce Herbert Hoover reported to Congress that conflicting building codes were increasing construction costs by 10 to 20 percent. Hoover appointed a Building Code Committee to draft recommendations that could be
used by local governments in preparing codes. The committee worked with the National Bureau of Standards until 1933, when funding was curtailed.
HERE., BY WAY OF ILLUSTRATION IS A REPORT ISSUED BY HOOVER'S BUILDING CODE COMMITTEE IN 1925 ....
The Future of the Law of Contract (Michael Furmston (ed.)) (z-lib.org).pdfghazala42
"1.3 When I started teaching contract in 1958 I knew that the American law
of contract was different. The library had copies of Williston and Corbin and
the Restatement but I assumed the Australian and Canadian contract law were
the same as English. I had tutorials in Oxford in contract from Otto Lang, who
was doing the Bachelor of Civil Law (BCL) and went on to become a professor
at the University of Saskatchewan and then a successful national politician. I do
not remember any suggestion that the Canadian law of contract was different.
1.4 This is not the case today. There are books entitled Australian Law of
Contract, Canadian Law of Contract, Malaysian Law of Contract, New Zealand
Law of Contract, Singapore Law of Contract, and so on. I do not think there are
any books entitled American Law of Contract or English Law of Contract. The
systems are different but they are not very different."
Michael Furmston (Editor)
Tensions between Lawyers and Experts (Wherever in the world you may be)
Janine Stewart and Stephen Price, MinterEllisonRuddWatts;
Sean Brady, Brady Heywood; and
Simon Braithwaite, FTI Consulting*
8th International Society of Construction Law Conference Chicago, IL, USA
September 26-28, 2018
Panel Host Sean Sullivan Gibbs Hanscomb Intercontinental Ltd
Conventional wisdom suggests that businesses choose binding arbitration mainly because it ensures cost savings and shorter resolution times inter alia. These are often touted as one of arbitration’s top advantages over traditional court litigation. Mounting delays and escalating costs have led many to wonder whether arbitration is really preferable to litigation. With the rise in popularity of this dispute resolution alternative, especially among sophisticated parties in complex international matters, many of those having gone through an arbitration procedure attest that this is more of a myth than a reality and that arbitration may not be so inexpensive and timeous after all. In fact, the arbitration community is increasingly concerned with reducing the costs of arbitration, and ensure timely resolution so it can continue to serve as a financially viable and attractive alternative to litigation because the longer the proceedings, the more expensive they will be. This paper identifies the areas where cost and time quickly accrue and then designs ways by which an arbitrator can save time and rein in such cost.
The document discusses ways that arbitrators can save time and costs in commercial arbitration proceedings. It identifies five key methods: 1) using pre-hearing meetings to simplify issues and reach settlements; 2) employing a Scott Schedule to compartmentalize complex disputes; 3) exchanging written proofs in advance to allow scrutiny of documents; 4) admitting written statements instead of oral openings and closings; and 5) choosing hearing locations for convenience. The document argues these techniques can streamline proceedings and focus on material issues to reduce associated costs and delays of arbitration.
The English Arbitration Act 1996: Strengths and Limitations. Nick MarshRussian Arbitration Day
The English Arbitration Act 1996 marked a radical change in English arbitration law by consolidating existing statutes into a comprehensive statutory framework. It aims to facilitate fair, speedy and cost-effective dispute resolution through party autonomy and limited court intervention. While generally conforming to the UNCITRAL Model Law, the Act differs in some respects, such as including provisions specific to English law and having more prescriptive language. Critics argue it does not sufficiently reduce court intervention through appeal processes and jurisdiction challenges. Supporters view it as a success, and English courts as generally taking a pro-arbitration approach in their interpretation and application of the Act.
The English Arbitration Act 1996: Strengths and Limitations. Nick MarshRussian Arbitration Day
The English Arbitration Act 1996 marked a radical change in English arbitration law by consolidating existing statutes into a single, logical framework and reducing court intervention. It was influenced by the UNCITRAL Model Law but differs in some respects. While increasing efficiency and party autonomy, some argue it did not go far enough in limiting challenges and appeals. Overall, the Act has been successful in modernizing English arbitration law, though aspects like confidentiality and arbitrability could still be clarified.
Here are the key abbreviations and acronyms used in the document:
AC - Appeal Cases
ALRC - Australian Law Reform Commission
ANPR - Automatic Number Plate Recognition
ASIO - Australian Security and Intelligence Organisation
CCTV - Closed-circuit television
CLR - Commonwealth Law Reports
COAG - Council of Australian Governments
DOJ - Department of Justice
EU - European Union
EWCA Civ - England and Wales Court of Appeal Civil Division
EWHC - England and Wales High Court
GPS - Global Positioning System
NSW - New South Wales
NZ - New Zealand
PACE - Police and Criminal Evidence Act 1984 (UK)
RIPA - Regulation of Investig
Anti-Suit Injunctions In International ArbitrationJustin Knight
This document provides an overview of anti-suit injunctions in international arbitration. It discusses how anti-suit injunctions originated in common law systems as a means for courts to enjoin parties from initiating or continuing legal proceedings in other courts. While staying litigation is often sought first to uphold an arbitration agreement, anti-suit injunctions provide additional tools to enforce arbitration in some jurisdictions. The document examines anti-suit injunctions' compliance with international law and conventions, as well as differences in their treatment between common law and civil law systems in the absence of harmonized global rules. It focuses on anti-suit injunctions' relationship to arbitration's interaction with national courts and laws, and their assessment on a case-by-case basis until
This document provides an overview and introduction to a consultation paper by the Law Commission on reforming wildlife law in England and Wales. It discusses the origins and development of wildlife law, outlining four main themes: control of wildlife populations, exploitation of wildlife, animal welfare, and environmental conservation. The document notes that current wildlife law comprises a patchwork of species-specific legislation with varying and sometimes conflicting aims. It then previews the contents and structure of the consultation paper, which considers issues such as the case for reform, regulatory approaches, and proposals for a new legislative framework.
This document provides a comparative analysis of the doctrine of stay of proceedings under English traditional rules and the Brussels I Regulation. It begins with an overview of the doctrine of forum non conveniens as the basis for staying proceedings under English law. It then examines the basis and practice of staying proceedings under the Brussels I Regulation. The document critically analyzes the ECJ's decision in Owusu v Jackson, focusing on the implications of the ruling and questions it left unanswered. It argues that a compromise is needed between the two systems to determine when it is appropriate to stay proceedings in cases of jurisdiction conflicts between EU member states and third countries. The objective is to allocate jurisdiction to the court best suited to hear the particular dispute.
This document provides a summary of the second edition of the textbook "Law for Journalists" by Frances Quinn. The book covers key areas of media law in the UK, including contempt of court, defamation, privacy, and reporting restrictions. It is presented in a clear and accessible style for journalism students and professionals. Reviews praise the book for its user-friendly approach and depth of coverage on legal issues relevant to modern journalism.
How Can I Write About Myself. Write My Essay OrYolanda Ivey
The document provides instructions for writing an essay through the HelpWriting.net website in 5 steps:
1. Create an account with a password and email.
2. Complete an order form with instructions, sources, and deadline.
3. Review writer bids and choose one based on qualifications.
4. Review the paper and authorize payment if pleased.
5. Request revisions until fully satisfied with the original, high-quality content or receive a refund.
The document discusses how overuse of technology may be eroding humanity. It argues that while technology provides some advantages, it also has many negative effects on society. Excessive technology usage is associated with people losing basic abilities and an increase in health issues. To improve social and medical conditions, the document suggests decreasing technology usage and using it more safely. Reducing technology could help ensure the continued existence of mankind by countering these negative effects.
Soal Essay Sistem Inventory Beinyu.ComYolanda Ivey
The document discusses the importance of appreciating ancient architectures like the Temple of Heaven in Beijing. It provides background on the Temple of Heaven, noting that it was constructed in 1420 during the Ming Dynasty and was where Chinese emperors held ceremonies to worship heaven. The essay will evaluate the Temple of Heaven and argue that ancient Chinese architectures like it that we should appreciate.
Petra Van Der Merwe Champion Of IOCD Essay CompetitionYolanda Ivey
I apologize, upon reviewing the prompt and documents provided, I do not have enough context or access to specific company financial data to conduct the requested analysis of financial performance for companies within a particular industry. Financial analysis requires detailed company-level information not included here. Please provide the necessary firm-level financial data to perform the comparison of inventory, cost of goods sold, and other metrics across multiple companies over time. Without access to that data, I am unable to complete the requested analysis.
Premium Writing Paper Sets - Honeytree PersonYolanda Ivey
The document provides instructions for requesting writing assistance from the HelpWriting.net website. It outlines a 5-step process: 1) Create an account with a password and email; 2) Complete a 10-minute order form with instructions, sources, and deadline; 3) Review bids from writers and choose one based on qualifications; 4) Review the completed paper and authorize payment if satisfied; 5) Request revisions until fully satisfied, with the option of a full refund for plagiarized work. The document emphasizes that original, high-quality content will be provided to ensure customer satisfaction.
PPT - How To Write A Perfect Persuasive Essay ConclusiYolanda Ivey
Putin's annexation of Crimea in 2014 enhanced his reputation domestically in Russia but significantly tarnished it internationally. At home, annexing Crimea was widely supported and boosted Putin's popularity for taking a strong stance against Western influence in Ukraine. However, the annexation violated international law and damaged Russia's relationships with Western nations. It led to sanctions that hurt the Russian economy. While Putin remains popular in Russia, his reputation abroad declined as most countries condemned the annexation and saw it as an act of aggression.
Hire The Cheap Custom Writing Services For Getting Best Quality Of ...Yolanda Ivey
- One of the earliest uses of camouflage in warfare was by Julius Caesar, who sent blue-green ships and crews to gather reconnaissance undetected.
- The ghillie suit was invented to allow snipers to blend in with surrounding foliage, providing camouflage.
- Military camouflage has evolved significantly over history to help soldiers blend into different environments and avoid detection by the enemy.
College Of Charleston Highly Ranked By U.S. News World ReportYolanda Ivey
Variability of traits is necessary for natural selection to occur. Here are a few key points:
- Variability provides the raw material for natural selection to act upon. If all individuals in a population were identical, there would be nothing for natural selection to "select" for or against.
- Variability arises from mutations in genes. Mutations introduce new variations in traits by changing the sequence of DNA. They provide alternative versions of genes (alleles) that natural selection can then favor or disfavor.
- Sexual reproduction also contributes to variability. When offspring receive a random mix of alleles from each parent, it introduces novel combinations of genes into populations that natural selection can then work on.
- Environmental changes may expose
Strathmore 400 Series Calligraphy Writing PaperYolanda Ivey
HelpWriting.net is an online writing assistance service that allows users to request papers or assignments be written for them. The process involves registering for an account, submitting a request form with instructions and deadlines, and choosing a writer to complete the work. Writers bid on requests and the user selects a writer. The user then reviews the completed paper and can request revisions if needed. The site promises original, high-quality content and refunds if work is plagiarized.
Sample Case Study Paper - Example Of Case Study RYolanda Ivey
This document provides instructions for creating an account and requesting writing assistance from HelpWriting.net. It outlines a 5-step process: 1) Create an account with an email and password. 2) Complete a form with assignment details, sources, and deadline. 3) Review bids from writers and choose one. 4) Receive the paper and authorize payment if pleased. 5) Request revisions until satisfied. The service aims to provide original, high-quality content and offers refunds for plagiarized work.
Pay Someone To Write Your Research Paper. WriteYolanda Ivey
The document provides instructions for paying someone to write a research paper through the HelpWriting.net website. It outlines a 5-step process: 1) Create an account, 2) Complete an order form with instructions and deadline, 3) Review bids from writers and choose one, 4) Review the completed paper and authorize payment, 5) Request revisions until satisfied. The website promises original, high-quality content and refunds for plagiarized work.
A 10-Step Process For Writing White Papers - B2B Technology Copywriting ...Yolanda Ivey
The document provides a 10-step process for writing white papers for B2B technology copywriting. It outlines the steps to create an account, complete an order form requesting a paper be written, have writers bid on the request, choose a writer, review and approve the paper, and request revisions if needed. The process aims to ensure high-quality, original content and a refund if plagiarism is found. Customers can request papers with confidence knowing their needs will be fully met.
Here are the key points about the normal extent of hair growth:
- The extent of normal hair growth varies between individuals, families, and races. Some populations tend to have more extensive hair growth.
- Hair growth is considered normal on the head, eyebrows, eyelashes, armpits, parts of the arms and legs.
- Vellus hair, which is very fine and light colored, is normally present all over the body.
- Hirsutism refers to excessive hair growth in women, specifically on the face and body areas usually affected by male sex hormones like the upper lip, chin, chest, back, and abdomen.
- The dividing line between normal variability and hirsutism
AN ANALYIS OF THE LATE PROFESSOR ATIENO-ODHIAMBO S HISTORICAL DISCOURESES.......Yolanda Ivey
This document summarizes Elias Bongmba's discussion of individual and collective responsibility. It begins by describing responsibility and arguing that collective responsibility is a viable perspective that allows assigning blame in cases of human rights abuses. It uses the Rwandan genocide as an example, stating that the UN and its leaders should accept responsibility since they knew withdrawing peacekeepers would lead to Tutsi deaths. It then argues responsibility makes sense in a context of freedom. Finally, it claims Atieno-Odhiambo's works can be read as narratives of individual and communal search for responsibility.
ABE fermentation products recovery methods A review.pdfYolanda Ivey
This document reviews techniques for recovering acetone, butanol, and ethanol (ABE) from fermentation processes, including distillation, adsorption, gas stripping, liquid-liquid extraction, pertraction, membrane distillation, sweeping gas pervaporation, thermopervaporation, and vacuum pervaporation. It discusses the advantages and disadvantages of each method and provides examples of their applications. Global developments in commercial scale ABE fermentation facilities using Clostridium bacteria are also reviewed.
AN ANALYSIS ON WRITING ANXIETY OF INDONESIAN EFL COLLEGE LEARNERS.pdfYolanda Ivey
This study analyzed the writing anxiety of English students at an Islamic State College in East Java, Indonesia. The study found that 54% of students experienced high writing anxiety, 44% experienced moderate anxiety, and 2% low anxiety. It was determined that the dominant type of writing anxiety was cognitive anxiety. The four main factors found to cause writing anxiety were linguistic difficulties, fear of negative teacher comments, insufficient writing practice, and time pressure.
Age, equality, and cultural oppression An argument against ageism.pdfYolanda Ivey
This document provides an abstract for a PhD thesis submitted by Richard Wagland to Brunel University in September 2004 on the topic of ageism. The thesis has two main objectives: 1) To clarify the concept of ageism by examining what it involves and distinguishing between different types of age discrimination. 2) To develop an anti-ageist ethical principle that can challenge ageism in a comprehensive way while being consistent with liberal egalitarian political theory. The thesis will examine issues like cultural ageism, the interests of individuals that are harmed by ageist policies, and how to situate an anti-ageist view within egalitarian theories of justice. It aims to provide a framework for analyzing age discrimination that can distinguish justified from unjust
A Study on Work Environment, Work-life Balance and Burnout among Health Worke...Yolanda Ivey
This document summarizes a study on the work environment, work-life balance, and burnout among health workers in Bangalore during the COVID-19 pandemic. The study investigated how workplace factors and family support impacted health workers' work-life balance based on a survey of health professionals in Bangalore from November to December 2020. The results showed that workplace settings had a significant impact on work-life balance. Unmarried women were found to balance work with less burnout, and health workers in higher positions received better support from hospital management. The introduction provides background on how health workers faced disrupted lives, physical exhaustion, fear of infection, and lack of protective equipment while responding to the pandemic.
Anthropology A Global Perspective Ninth Edition.pdfYolanda Ivey
This document provides the copyright information and contents for the 9th edition of the textbook "Anthropology: A Global Perspective" by Raymond Scupin of Lindenwood University and Christopher R. DeCorse of Syracuse University. It lists the chapter titles and provides a brief description of the book's focus on anthropology from a holistic and global perspective, covering the four main subfields of biological anthropology, archaeology, linguistic anthropology, and cultural anthropology. It also acknowledges the contributors involved in editing, designing, and publishing the textbook.
Attacks in Cognitive Radio Networks (CRN) A Survey.pdfYolanda Ivey
This document provides a survey of attacks in cognitive radio networks. It discusses several types of attacks that can occur at different layers of the cognitive radio network architecture. At the physical layer, common attacks include primary user emulation attacks, objective function attacks, and jamming. At the data link layer, attacks include spectrum sensing data falsification, control channel saturation denial of service attacks, and selfish channel negotiation. The document surveys existing research on these attacks and discusses potential methods for securing cognitive radio networks, such as using digital signatures, spread spectrum modulation, or fingerprinting techniques. It aims to help researchers identify security issues and problems that need to be addressed to better secure cognitive radio networks.
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
This slide is special for master students (MIBS & MIFB) in UUM. Also useful for readers who are interested in the topic of contemporary Islamic banking.
Main Java[All of the Base Concepts}.docxadhitya5119
This is part 1 of my Java Learning Journey. This Contains Custom methods, classes, constructors, packages, multithreading , try- catch block, finally block and more.
This presentation was provided by Steph Pollock of The American Psychological Association’s Journals Program, and Damita Snow, of The American Society of Civil Engineers (ASCE), for the initial session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session One: 'Setting Expectations: a DEIA Primer,' was held June 6, 2024.
This presentation includes basic of PCOS their pathology and treatment and also Ayurveda correlation of PCOS and Ayurvedic line of treatment mentioned in classics.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Exploiting Artificial Intelligence for Empowering Researchers and Faculty, In...Dr. Vinod Kumar Kanvaria
Exploiting Artificial Intelligence for Empowering Researchers and Faculty,
International FDP on Fundamentals of Research in Social Sciences
at Integral University, Lucknow, 06.06.2024
By Dr. Vinod Kumar Kanvaria
Strategies for Effective Upskilling is a presentation by Chinwendu Peace in a Your Skill Boost Masterclass organisation by the Excellence Foundation for South Sudan on 08th and 09th June 2024 from 1 PM to 3 PM on each day.
বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
আমাদের সবার জন্য খুব খুব গুরুত্বপূর্ণ একটি বই ..বিসিএস, ব্যাংক, ইউনিভার্সিটি ভর্তি ও যে কোন প্রতিযোগিতা মূলক পরীক্ষার জন্য এর খুব ইম্পরট্যান্ট একটি বিষয় ...তাছাড়া বাংলাদেশের সাম্প্রতিক যে কোন ডাটা বা তথ্য এই বইতে পাবেন ...
তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
বিসিএস ও ব্যাংক এর লিখিত পরীক্ষা ...+এছাড়া মাধ্যমিক ও উচ্চমাধ্যমিকের স্টুডেন্টদের জন্য অনেক কাজে আসবে ...
3. EDITORIAL ADVISORY BOARD
PRINCIPLES OF LAW SERIES
Professor Paul Dobson
Visiting Professor at Anglia Polytechnic University
Professor Nigel Gravells
Professor of English Law, Nottingham University
Professor Phillip Kenny
Professor and Head of the Law School, Northumbria University
Professor Richard Kidner
Professor and Head of the Law Department, University of Wales,
Aberystwyth
In order to ensure that the material presented by each title maintains the
necessary balance between thoroughness in content and accessibility in
arrangement, each title in the series has been read and approved by an
independent specialist under the aegis of the Editorial Board. The Editorial
Board oversees the development of the series as a whole, ensuring a
conformity in all these vital aspects.
4. David Stott, LLB, LLM
Deputy Head, Anglia Law School
Anglia Polytechnic University
Alexandra Felix, LLB, LLM
Lecturer in Law, Anglia Law School
Anglia Polytechnic University
Cavendish
Publishing
Limited
C
P
London • Sydney
6. PREFACE
v
Administrative law is an exciting topic, in particular for those with an interest
in how the law seeks to control the exercise of the enormous powers of the
modern state. In the development of the law generally, modern administrative
law is a recent, very largely post-Second World War, phenomenon. In legal edu-
cation, it has grown over the past 20 years from being a component within
established constitutional law courses to being a subject in its own right. Its
relationship with constitutional law, however, must not be forgotten. The prin-
ciples and theories received in your study of constitutional law will inform
your study of administrative law. Administrative law is also exciting because
of its continuous development. Just as modern administrative law was very
largely a response to the development of the welfare state, so recent govern-
ment initiatives such as the privatisation of the great public corporations and
the proposed adoption of the European Convention on Human Rights will
demand further judicial responses.
The aim of this text is to provide a comprehensive and accessible review of
the law as it has developed from both the national and the European perspec-
tive.
We would like to thank Jo Reddy and Cathy West for the patience they have
shown in the writing of this text and the Editorial Board for their valuable com-
ments on the draft manuscript. We also thank Russell Richardson for his
research.
David Stott and Alexandra Felix
Anglia Law School
August 1997
7.
8. CONTENTS
vii
Preface v
Table of cases xix
Table of statutes xxxv
Table of abbreviations xxxix
1 THE NATURE AND PURPOSE OF
ADMINISTRATIVE LAW 1
1.1 INTRODUCTION 1
1.2 DEFINITION OF ADMINISTRATIVE LAW 3
1.3 JUDICIAL REVIEW OF ADMINISTRATIVE ACTION 4
1.4 POWERS AND DUTIES 5
1.5 THE PUBLIC/PRIVATE DICHOTOMY 7
1.6 THE SOURCE OF POWER 9
1.7 THE ROLE OF THE COURTS 13
1.8 THE BALANCE OF POWER 15
1.9 REVIEW/APPEAL 21
1.10 THE RULE OF LAW 22
1.11 THE PRINCIPLE OF ACCOUNTABILITY 24
1.11.1 Discretionary versus arbitrary power 25
1.12 THE DISCRETIONARY NATURE OF THE REMEDIES 27
1.13 LAW AND POLITICS 28
SUMMARY OF CHAPTER 1 31
2 THE HISTORY AND DEVELOPMENT OF
ADMINISTRATIVE LAW 33
2.1 HISTORY 33
2.2 JUDICIAL RESTRAINT 36
9. Principles of Administrative Law
viii
2.3 JUDICIAL INTERVENTIONISM 39
SUMMARY OF CHAPTER 2 41
3 JUDICIAL REVIEW OF ADMINISTRATIVE
ACTION I – PREREQUISITES TO REVIEW 43
3.1 INTRODUCTION 43
3.2 PREREQUISITES TO JUDICIAL REVIEW 45
3.3 NON-JUSTICIABILITY 46
3.3.1 Foreign affairs, defence and national security 46
3.3.2 The treaty-making power 47
3.3.3 The defence of the realm 48
3.3.4 Law enforcement 52
3.3.5 Prisons – operational decisions 57
3.3.6 Political judgments considered by Parliament 57
3.4 SURRENDER OF DISCRETION 60
3.4.1 Unlawful delegation – delegatus non potest delegare 60
3.4.2 Acting under dictation 62
3.5 POLICY 63
3.5.1 Self-created rules of policy 63
3.6 KEEPING AN OPEN MIND 64
3.7 FETTERING DISCRETION BY CONTRACT 65
3.8 FETTERING DISCRETION BY ESTOPPEL 66
3.9 FETTERING DISCRETION BY LEGITIMATE EXPECTATION 68
3.10 PRESUMPTIONS OF STATUTORY INTERPRETATION 73
3.10.1 Taxation cannot be levied without
the authority of Parliament 73
3.10.2 In favour of the rule of law 74
3.10.3 Against ousting the jurisdiction of the courts 76
3.10.4 In favour of international law 77
SUMMARY OF CHAPTER 3 79
10. Contents
ix
4 JUDICIAL REVIEW OF ADMINISTRATIVE
ACTION II – SUBSTANTIVE ULTRA VIRES
AND ABUSE OF POWER 81
4.1 DEFINITION 81
4.2 CLASSIFICATION 81
4.2.1 Substantive ultra vires 81
4.2.2 Procedural ultra vires 81
4.2.3 Abuse of power 82
4.3 SUBSTANTIVE ULTRA VIRES 83
4.3.1 Illustrations 83
4.3.2 Incidental objectives 84
4.4 ABUSE OF POWER 86
4.4.1 Introduction 86
4.4.2 Unreasonableness 86
4.4.3 Narrow unreasonableness 88
4.4.4 Claims of narrow unreasonableness 90
4.4.5 Narrow unreasonableness and justiciability 95
4.4.6 Broad unreasonableness 95
4.4.7 Non compliance with the objectives of the Act 96
4.4.8 Improper purpose/irrelevant considerations 98
4.4.9 Mixed motives 102
4.4.10 Punishment motive alleged 103
4.4.11 Electoral promises 105
4.4.12 The manifesto argument and the
principle of reasonableness 106
4.4.13 Fiduciary duty/misplaced philanthropy 106
4.4.14 Bad faith 107
4.4.15 Human rights 109
4.4.16 Failure to fulfil statutory duties 110
4.4.17 Opposition to the policy of Parliament 111
4.5 PROPORTIONALITY 111
4.6 CONCLUSION 115
SUMMARY OF CHAPTER 4 117
11. Principles of Administrative Law
x
5 JUDICIAL REVIEW OF ADMINISTRATIVE
ACTION III – PROCEDURAL ULTRA VIRES 121
5.1 INTRODUCTION 121
5.2 STATUTORY PROCEDURES 121
5.2.1 Nature and effect 121
5.2.2 Substantial compliance 124
5.3 NATURAL JUSTICE/FAIRNESS 125
5.3.1 Content 125
5.3.2 History and development 125
5.3.3 Legitimate expectation 127
5.3.4 The development of fairness 130
5.3.5 Flexibility of content 131
5.4 THE RIGHT TO A FAIR HEARING 132
5.4.1 Introduction 132
5.4.2 Disclosure of evidence 132
5.4.3 Limits on disclosure 133
5.4.4 Preliminary hearings/recommendations 133
5.4.5 Nature of the hearing 134
5.4.6 Time 135
5.4.7 Witnesses 136
5.4.8 Cross-examination 136
5.4.9 Legal representation 136
5.4.10 Reasons 138
5.4.11 Why are reasons for decisions needed? 139
5.4.12 What kind of reasons? 141
5.4.13 Can an unfair hearing be cured by a fair appeal? 142
5.5 THE RULE AGAINST BIAS – NEMO IUDEX IN CAUSA SUA 142
5.5.1 What is bias? 142
5.5.2 Pecuniary interest 143
5.5.3 Professional interest 143
5.5.4 Personal interest 144
5.5.5 Involvement in the decision-making process 144
5.5.6 Closed mind 145
12. Contents
xi
5.5.7 R v Gough (1993) 146
5.5.8 Discretionary nature of remedies 147
5.5.9 Fault 148
5.5.10 Waiver of natural justice 149
SUMMARY OF CHAPTER 5 151
6 REMEDIES IN ADMINISTRATIVE LAW 155
6.1 INTRODUCTION 155
6.2 HISTORY 156
6.3 THE PRIVATE LAW REMEDIES 156
6.3.1 Injunction 156
6.3.2 Declaration 157
6.3.3 Damages 158
6.4 THE PUBLIC LAW REMEDIES 158
6.4.1 Nature and form 158
6.4.2 Certiorari/prohibition 158
6.4.3 Mandamus 159
6.4.4 Habeas corpus 159
6.5 THE INTRODUCTION OF THE APPLICATION FOR
JUDICIAL REVIEW 159
6.6 RULES OF THE SUPREME COURT (RSC) ORDER 53 160
6.7 SECTION 31 OF THE SUPREME COURT ACT 1981 161
6.8 PROCEDURE 163
6.8.1 Leave stage 163
6.8.2 Merits stage 164
6.9 TIME LIMITS 165
6.10 LIMITS ON THE APPLICATION FOR JUDICIAL REVIEW
– THE PUBLIC/PRIVATE LAW DICHOTOMY 167
6.11 AGAINST WHOM IS THE APPLICATION FOR JUDICIAL REVIEW
AVAILABLE? 176
13. Principles of Administrative Law
xii
6.12 STANDING – LOCUS STANDI 179
6.12.1 Rationale and application 179
6.12.2 Pressure groups 184
6.12.3 Waiver of standing 187
6.12.4 Relator actions 187
6.13 DISCRETIONARY NATURE OF THE REMEDIES 188
SUMMARY OF CHAPTER 6 191
7 STATUTORY REMEDIES AND EXCLUSION OF
JUDICIAL REVIEW 195
7.1 STATUTORY REMEDIES 195
7.2 EXHAUSTION OF ALTERNATIVE REMEDIES 196
7.3 EXCLUSION OF ALTERNATIVE REMEDIES 198
7.4 EXCLUSION OF JUDICIAL REVIEW 199
7.4.1 Introduction 199
7.4.2 Indirect ouster 201
7.4.3 Direct ouster 201
7.4.4 Time limit clauses 206
7.4.5 Statutory limitations on exclusion of judicial review 207
7.5 CONCLUSION 208
SUMMARY OF CHAPTER 7 209
8 PUBLIC INTEREST IMMUNITY 211
8.1 INTRODUCTION 211
8.2 HISTORY 212
8.2.1 Duncan v Cammell Laird & Co (1942) 212
8.2.2 Judicial criticism 214
8.2.3 Conway v Rimmer (1968) 215
14. Contents
xiii
8.3 THE MODERN APPLICATION OF PUBLIC
INTEREST IMMUNITY 216
8.3.1 For what types of document can immunity be claimed
on the class ground? 216
8.3.2 Who can make a claim for immunity? 223
8.3.3 Who determines the public interest? 223
8.3.4 Can a claim of immunity be made in the context of
criminal proceedings? 224
8.3.5 Does a minister have a power or is he or she under
a duty to claim immunity? 228
8.3.6 Can immunity be waived? 230
8.4 POST MATRIX CHURCHILL 231
8.4.1 Ex parte Wiley (1994) 231
8.4.2 Criminal trials 234
8.4.3 Sir Richard Scott’s recommendations on public interest
immunity in criminal cases 234
8.5 CONCLUSION 235
SUMMARY OF CHAPTER 8 237
9 EXTRA-JUDICIAL AVENUES OF REDRESS 241
9.1 INTRODUCTION 241
9.2 THE PARLIAMENTARY COMMISSIONER
FOR ADMINISTRATION 241
9.2.1 Background 241
9.2.2 Terms of reference 243
9.2.3 Procedure 245
9.2.4 Accountability of the Parliamentary Commissioner 248
9.3 REFORM OF THE PARLIAMENTARY COMMISSIONER 253
9.4 THE NATIONAL HEALTH SERVICE COMMISSIONER 255
9.5 THE COMMISSIONS FOR LOCAL ADMINISTRATION 255
9.6 THE CITIZEN’S CHARTER 255
15. Principles of Administrative Law
xiv
9.7 TRIBUNALS 256
9.7.1 Nature and development 256
9.7.2 The Tribunals and Inquiries Acts 257
9.7.3 Procedure 258
9.8 INQUIRIES 260
9.9 CONCLUSION 263
SUMMARY OF CHAPTER 9 265
10 EUROPEAN ADMINISTRATIVE LAW I –
THE EUROPEAN COMMUNITY 269
PART 1 UNDERLYING PRINCIPLES OF EC LAW 269
10.1 INTRODUCTION 269
10.2 THE SOURCES OF RIGHTS 270
10.2.1 Primary legislation 270
10.2.2 Secondary legislation 270
10.2.3 General principles of law 271
10.3 HOW INDIVIDUAL RIGHTS CAN BE ACQUIRED
AND ENFORCED IN EC LAW 277
10.3.1 The creation of rights for individuals 277
10.3.2 The direct effect of Treaty articles 278
10.3.3 The direct effect of regulations 279
10.3.4 The direct effect of decisions 280
10.3.5 The direct effect of directives 280
10.4 SUPREMACY OF EC LAW 285
10.5 THE ENFORCEMENT OF COMMUNITY LAW 287
PART II JUDICIAL REVIEW OF COMMUNITY ACTS 290
10.6 ARTICLE 173 290
10.6.1 The act must be of the challengeable kind 291
10.6.2 When does an act produce legal effects? 292
16. Contents
xv
10.6.3 The legal status of acts of the institutions 293
10.6.4 Standing/locus standi 294
10.6.5 Time limits 296
10.6.6 The grounds of challenge 296
10.7 WRONGFUL FAILURE TO ACT 298
10.7.1 Article 175 298
10.8 INDIRECT CHALLENGE (PLEA OF ILLEGALITY) 300
10.8.1 Article 184 300
10.8.2 Who can make the challenge? 301
PART III EC LAW AND JUDICIAL REVIEW IN THE UK 302
10.9 A NEW JUDICIAL REVIEW ROLE FOR THE COURTS
IN RELATION TO LEGISLATION? 302
10.10REMEDIES FOR BREACHES OF EC LAW 307
10.11JUDICIAL REVIEW AS A MEANS OF CHALLENGING
BREACHES OF EC LAW 311
10.12 THE IMPACT OF EC LAW ON NATIONAL JUDICIAL REVIEW 312
SUMMARY OF CHAPTER 10 317
11 EUROPEAN ADMINISTRATIVE LAW II –
THE EUROPEAN CONVENTION ON
HUMAN RIGHTS 321
11.1 ‘RIGHTS’ IN ENGLISH LAW 321
11.2 THE LEGAL STATUS OF THE ECHR 322
11.3 A BILL OF RIGHTS FOR THE UNITED KINGDOM? 324
11.4 THE OPERATION OF THE ECHR 328
11.5 MAKING AN APPLICATION 329
11.6 STATE APPLICATIONS 329
17. Principles of Administrative Law
xvi
11.7 EXHAUSTION OF DOMESTIC REMEDIES 330
11.8 TIME LIMIT 331
11.9 THE APPLICANT MUST BE A ‘VICTIM’ 331
11.10ADDITIONAL REQUIREMENTS 332
11.12FRIENDLY SETTLEMENT OR COURT? 333
11.13THE RIGHTS 333
11.14THE LIMITATIONS ON THE RIGHTS 334
11.14.1 Definitions: ‘prescribed by law’/‘in accordance
with the law’ 334
11.14.2 ‘Necessary in a democratic society’ 335
11.14.3 The margin of appreciation 336
11.14.4 General limitations 336
11.15THE FUTURE – HUMAN RIGHTS AS A GROUND
FOR JUDICIAL REVIEW? 337
SUMMARY OF CHAPTER 11 341
12 LIABILITY OF PUBLIC BODIES IN PRIVATE LAW 345
12.1 INTRODUCTION 345
12.2 LIABILITY IN TORTS 346
12.2.1 Introduction 346
12.2.2 Breach of statutory duty 347
12.2.3 The careless performance of a statutory duty in
the absence of a common law duty of care 349
12.2.4 Actions based on a common law duty of care arising
either from the imposition of a statutory duty or
from the performance of it 349
12.2.5 Stovin v Wise (Norfolk County Council,
third party) (1996) 354
12.2.6 Misfeasance in a public office 356
18. Contents
xvii
12.2.7 Can an ultra vires act give rise to an action
for damages in private law? 357
12.2.8 Order 53 as a bar to a private law action 358
12.3 LIABILITY IN CONTRACT 359
12.3.1 Introduction 359
12.3.2 Breach of contract 360
12.3.3 Effect of plea of public policy 361
12.3.4 The relationship between breach of
contract and ultra vires 362
12.3.5 Contracting out and privatisation 362
SUMMARY OF CHAPTER 12 363
FURTHER READING 365
Index 373
40. TABLE OF ABBREVIATIONS
xxxix
HA 1980 Highways Act 1980
HA 1985 Housing Act 1985
HA 1996 Housing Act 1996
CJA 1988 Criminal Justice Act 1988
CJA 1967 Criminal Justice Act 1967
CYPA 1933 Children and Young Persons Act 1933
LGA 1972 Local Government Act 1972
SCA 1981 Supreme Court Act 1981
RSC Rules of the Supreme Court
PA 1964 Police Act 1964
PCA 1967 Parliamentary Commission Act 1967
TIA 1992 Tribunals and Inquiries Act 1992
TIA 1958 Tribunals and Inquiries Act 1958
ECA 1972 European Community Act 1972
ECHR European Convention for the Protection of Human Rights
and Fundamental Freedoms
FC Act 1950 Foreign Compensation Act