Three separate terms but linked closely to each other. One cannot explain one in the absence of the other. Laws are rules made by the government that forbid certain actions and are enforced by the courts. Government of Canada, Department of Justice (https://www.justice.gc.ca/eng/csj-sjc/just/02.html) very aptly describes it when it says; Laws apply to everyone equally....
Introduction: Islamic criminal law in accordance with Sharia Firmly speaking, Islamic law does not have a separate body of ‘criminal law.’ (Dammer et al; 2011) It splits crimes into 3 different categories depending on the offense, they are: Hudud Qisas Tazir Hudud is an Arabic word meaning ‘borders, barrier, boundaries, limits’. In the religion of...
There are three main principles under EU law that may assist Gunilla in gaining access to ‘free language lessons’ for her daughter Malin in line with (Imaginary) Directive 2018/124. Those principles are as follows: direct effect, indirect effect and state liability, when taken in combination all seek to ensure “individuals are given the greatest possible...
Judicial review is the intensity of the courts to render an official conclusion when there is a contention of elucidation of the Constitution or laws between the courts and Congress, the courts and the official branch, or the courts and the states. In more straightforward terms judicial review is the intensity of the courts to...
Parliament Has Not Remained Sovereign Throughout the UK’s Membership of the EU Parliamentary sovereignty is often regarded as one of the most important constitutional principles in the United Kingdom. Although it is so highly regarded, it has arguably lost its power and significance due to membership with the European Union. I believe that since joining...
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The Law of Precedent is a principle arising from stare decisis, Latin for “let the decision stand”. The basic concept is that a ruling reached in a previous case is to be considered as binding law to all proceeding cases with the same ratio decidendi. This essay will differentiate persuasive and binding precedents. It will...
‘Whether or not a contractual relationship exists between the parties still boils down to an analysis of the existence of what is termed the phenomena of agreement, that is, an offer matched by corresponding acceptance, notwithstanding more recent attempts to avoid such criteria’. Discuss the traditional and contemporary requirements needed to show the existence of...
In this essay, we will be introducing marital rape, we are going to look at one article of Marianne giles which talks about the judicial law making in the criminal courts, and we will evaluate it using cases and scenarios. In addition, we will also, outline the advantages and disadvantages of the judge-made law. Firstly,...
Contract law is about the enforcement of promises. Not all promises are legally binding. Courts look for the presence of certain elements which when present the agreement becomes a contract. A contract begins with an offer. This is an expression of willingness to contract on specified terms, made with the intention that it’ll be binding...
This essay will refer to the benefits and limitations of direct effect as a legal concept referring to the individuals’ ability to invoke their rights against the state, challenging incorrect implementation of directives and the detriment of only vertical direct effect being applicable. Moreover, directives are a form of secondary legislation which attempts to establish...