European Court of Justice

one of ‘elective dictatorship’, lacking separation in powers between executive, legislature and judiciary, and a system of checks and balances on ministers in office”. A written constitution would provide a higher form of law and a constitutional court, meaning the Prime Minister and the cabinet would not hold whole domination of the legal system. A written constitution…

only reliable means of achieving knowledge about the world is scientific research, the result of which is interpreted with the help of scientific theories. This approach will explain the causal relationship between ineffectiveness of rehabilitative justice and possible causes of it. Epistemology in the research is positivism. Crowther-Dowey and Fussey (2013, p.40) claim that ‘in criminology, those holding the view that drivers of criminal behavior can be objectively identified and categorized,…

then got another suit government court. Scott 's lord kept up that no immaculate blooded Negro of African plunge and the relative of slaves could be a national in the feeling of Article III of the Constitution. At the point when the Army requested his lord to retreat to Missouri, he brought Scott with him back to that slave state, where his lord kicked the bucket. In 1846, Scott was aided by (abolitionist servitude) legal advisors to sue for his opportunity in court, asserting he ought to be…

national law. It gave direct action to EU law, this meant that in the scenario where there may have been any complications between an act of the British Parliament and EU law, parliament would have to bow down to EU law. The European Court of Justice acted as a Supreme Court of Europe, translating EU law with judgements that were binding on all member…

One of such instances is illustrated in the case of R v Secretary of State ex p. Factortame (No. 2) where the European Court of Justice held that the provisions of the 1988 Merchants Shipping Act were to be dis-applied by the courts if they opposed EU law. This action of the court is cited by Sir William Wade as an exception to the rule expressed in the third limb of Dicey’s doctrine of parliamentary sovereignty which is that one Parliament cannot…

experienced colonialism by the Europeans has deeply affected the Igbo’s lives in terms of changes in politic, social-culture and economic. After the 19th Century, post-colonial countries, including what is Nigeria now, are in the era of globalization, which is neither neo-colonialism nor imperialism, because there are significant differences between colonialism in Things Fall Apart and globalization in modern era. One of the political changes in the novel is before the Europeans colonize…

Language Therapists (SLTs). The disparity between these numbers outlines a clear shortage of qualified SLTs. While some may argue that SLTs should centre their aid around hospitals, schools and health centres, they serve a vital role in the Criminal Justice System (CJS), both in terms of morality and economics. Though there may be questions surrounding the ethicality of focusing time and attention upon criminals instead of children or vulnerable adults, an SLT working within the CJS helps to…

notion that Derek may be required to care for her leaving him less able to devote more energy to the role. The Equality Act 2010 introduced this part of discrimination by association into UK legislation, following the landmark decision of the European Court of Justice (ECJ) in Coleman v Attridge Law (2008). Given that confidential information had been used to cause a detriment to Derek’s application it could be argued, that a breach of contract under the…

death and pleaded guilty to manslaughter . The sentencing judge gave her three years of imprisonment and when the case was appealed, the Court of Appeal dismissed the appeal. Even though Gladue did not get out of an imprisonment sentence nor did she receive a lessened sentence, the case allowed for the courts to heavily examine what s. 718.2(e) meant. The Supreme Court wrote that s. 718.2(e) was enacted to address the overrepresentation of Aboriginal people in jail and for judges to look for all…

III. Government Structure Similarly, to the U.S. government, the government of K.O.R. divides into three branches: executive, judicial, and legislative. The executive and judicial branches operate primarily at the national level, although various ministries in the executive branch also carry out local functions. Local governments operate semi-autonomously and contain executive and legislative bodies of their own. The judicial branch operates at both the national and local levels. A system of…