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…
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…
racial discrimination in the American criminal justice system transpires within the treatment of juvenile offenders. Additionally, researchers have proposed that the informality, as well as the flexibility allowed in the juvenile criminal justice system, perpetuates the potential for abuse. Along with racial inequality, which is clearly evident during the arrest, the initial point of contact between the youth, law enforcement officials and the justice system. Furthermore, it has been shown that…
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…
As we know parliamentary sovereignty is very important within the UK law. To express the importance, parliamentary supremacy means that parliament has unlimited legal power to act within any law without external restraint. In R V A-G 2006, Lord Bingham described this as the bedrock to the british constitution. Parliamentary supremacy came into the UK in 1689. This was after King James II had tried to use Royal prerogatives to favour the catholics. William of Orange and Mary did not approve and…
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…
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…
development of corresponding legal procedures. Development has been slow and incremental in the eyes of Magnier. However, Magnier argues that France will ultimately have to adopt a class action process. Whether that will be implemented by France or the European Union, time will tell. Magnier begins the discussion with the history of class action legislation in France. Reforms of the French Civil Code of Procedure and the increase of a society based on consumption in the 1970’s jumpstarted the…