European Court of Justice

[12] Secondly, as an argument in favour of the rule, the courts specified in the creative and highly dynamic nature of judicial rights over with statutory, parliamentary law. Considering the parliamentary purely volitional right as positivist, which together with the natural law is opposed to the right judgment, some researchers a priori based on the fact that where there are gaps in the law or there are no clear rules of conduct, the Court must necessarily to act as the supreme legislative…

the later Act will impliedly repeal the earlier (the doctrine of implied repeal). Implicit in the second limb of Dicey’s definition is an important institutional dimension to the doctrine of PS. Once Parliament has spoken through legislation, no court may look behind the validity of that Act. This aspect of the doctrine has its roots in Art 9 of the Bill of Rights, and it finds support in the so-called ‘enrolled Bill’ rule whereby a Bill is to be treated as an Act when it appears on…

However the European courts of justice could be said to be on the top of this hierarchy . Advantages and Disadvantages of the Precedent Advantages. 1. The certainty in legal system could be achieved. By looking in to the previous decisions it could be assumed the outcome of the present cases. 2. Uniformity in the law will be maintained. If the fact of the cases are similar than it could be judged as the same. The sense of justice could be established by this mean. Furthermore…

Michael R. Marrus in Some Measure of Justice: The Holocaust Era Restitution Campaign of the 1990s (Madison: University of Wisconsin Press, 2009) states that given the questions surrounding the emergence of the restitution campaign of the 1990s: why it emerged, when, how it fits in with earlier reparations to Jewish peoples (p.9); Marrus argues in the instance of the Holocaust what constitutes justice and whether it is even possible to achieve justice given the magnitude of the claims from the…

A law – a set of rules made by the government with the purpose to preserve freedom, rights and moral agency. Do all laws exhibit these traits? No, as Martin Luther King Jr wrote in The Letter from Birmingham Jail in 1963, “There are two types of laws: there are just laws, and there are unjust laws”. There are laws that help the community and create a safer environment for all, and there ones that restrict groups of people in regards to their basic human rights. Martin Luther King Jr. wrote, “A…

INTRODUCTION In forty-eight states a child of seventeen has the opportunity for their misdemeanor to go to a juvenile court, them to be reprimanded, and then their file sealed so as to give them the chance to succeed in life. This honors the idea that young adults are not, in fact, adults. From brain chemistry to peer pressure, adolescents have several vulnerabilities unique to their age. In New York and North Carolina, however, they are automatically tried as an adult at the age of sixteen…

Therefore, it is necessary to stop the human rights violation against the citizens of Takastand as the stability of the region will be jeopardized if people pick up arms and cause a civil war to erupt. As a final point, the challenges faced by the European government and non-governmental organizations in operating development programs in Takastand should also be focused…

to understand the way justice works throughout the international community, a person must understand the history behind the system and all the reasons it came to be. The Bosnia Case was the public international case of Bosnia and Herzegovina v Serbia and Montenegro. Dr. Francis Boyle, an adviser to Alija Izetbegović, the first Chairman of the Presidency of Bosnia and Herzegovina during the Bosnian War, filed the case. A document issued by the International Court of Justice stated that, “25,000…

decision makers, including criminal justice officials, evaluate the behavior of racial minorities.One stereotype despic blacks as being more prone to crime and violence. This stereotype has followed black men since the 1600’s when the first black slaves was brought here by the europeans. Stereotyping has became a part of our culture. Some blacks even stereotype other blacks as being hostile or violence. Culture stereotyping in criminality can cause criminal justice officials to prejudge the…

belief of justice is carried out based on the code of law. Since every country is governed by its own set of laws and rules, due process for such criminal acts will not have the same punishment or consequences like those here in the United States. As such, the country of Australia will be analyzed in order to understand how the judicial system and the application of criminal responsibility work. The Australian legal system is based upon the fundamental belief of the rule of law, justice, and…