Judicial remedies

of the treaties and customs on a certain case. The Article 38 (2) of the Statute of International Court of Justice introduced the ex aequo et bono principle to the judgement. Subsidiary sources include the judicial decisions and the writings of the most highly qualified scholars. Judicial decisions include the national and the international; but the international is the primary one.…

In November 2000, the European Convention on Human Rights was incorporated into the UK law through the Human Rights Act of 1998. The Human Rights Convention came into effect in 1953 and was technically ratified by the UK in 1966 when it recognised the compulsory jurisdiction of the European Court of Human Rights . The Convention outlines fundamental human rights, including: right to life, freedom from torture and inhuman or degrading treatment, freedom from slavery or forced labour, freedom of…

There is a remedy for Judge Persky’s misguided sentence: the prosecutor should appeal (Cleary, 2016). A California Court of Appeal can overturn a sentence if it finds that it was an “abuse of discretion (Free Dictionary ).” A sentence of six months in prison for rape…

liberty, and security of the person” had been violated and the Court agreed, but it was decided that having Khadr repatriated was not required by the government. The Court stated that an “appropriate remedy” would be a public admission that Khadr 's right had been offended, and that any further remedy would be at the “discretion” of the government (para. 2). Khadr was detained before he reached the age of majority, had been intentionally sleep deprived, and had been interrogated without the…

The ShakeDown: Wison Elser and Montefiore Medical Center by Sherri Jefferson 800 attorneys strong 34 strategically located offices a reputation as a formidable player vast resources This is the description of Wilson Elser, the law firm representing Montefiore Medical Center in an action for an Order to Show Cause to force the deletion of news articles about their treatment of patients. Since 1985, Montefiore Medical Center (hospital) has had 1,879 cases before supreme court judges in…

However, some efforts have been made to achieve equality by judicial system in order to eliminate inequalities. Kearney & Sellers Sex on The Dock: Reports of State Task Forces on Gender Bias describes the influence the political and economic powers have on courts and legal profession in the aspect of the judicial systems. In the early 1980’s, 39 states, the District of Columbia, and nine of the 13 federal circuits entrenched a task force…

Preparing and A Filing Your Complaint. Before an employee can sue their employer for discrimination, under Title VII, the Federal Law states that the claimant must exhaust all administrative remedies before they can request federal judicial relief. The Federal Law gives the complainant 180 days (6 months) to file charges against an employer through the EEOC after the act of discrimination has occurred. The purpose of the exhaustion gives the EEOC or other administrative agencies the opportunity…

Chief Justice Marshall used both Original Meaning, Original Intent, and Structural Analysis in the interpretation of the Constitution as it applied to Marbury v. Madison. Marbury raised concerns in his case against Madison in which Chief Justice Marshall decided: 1st The right to the commission of Justice 2nd If he had the right was the right violated and do the laws give him a form of redress 3rd If he has a form of redress, it a mandamus issued by the Supreme Court In addressing the…

According to Aristotle “Rule of law is better than rule of any man”. The rule of law is fundamental to a well-functioning society. It ensures fairness in society and formal equality for all its citizens. In Canada, the Constitution is the supreme law of the land. Any laws or actions of government not in accordance with the constitution are unlawful. This ensures that public officials do not abuse their powers. Historically, Courts have been at the forefront of holding public officials…

On August 9, 2014, Michael Brown, an unarmed, black teenager was shot to death by a white police officer in Ferguson, Missouri. Brown’s killing, and the grand jury’s subsequent refusal to indict the officer responsible for his death, sparked national outrage and demonstrations across the country. Pundits and advocates alike saw the incident as evidence of a pervasive problem of excessive use of force by police against black males. In the investigative report that followed the killing, the U.S…